MEDICLAIM SUM IS RETURN FOR PREMEUM PAID CANT BE CUT FROM ACCIDENT PAYOUT : HIGH COURT

​Recent rulings from various High Courts in India have addressed the issue of whether amounts reimbursed under mediclaim policies should be deducted from compensation awarded in motor accident claims. The decisions vary across different jurisdictions:​

• Bombay High Court (April 2023): In the case of Reliance General Insurance Co. Ltd. v. Aman Sanjay Tak, the court ruled that medical expenses reimbursed under a separate mediclaim policy cannot be deducted from the compensation payable by the insurer of the offending vehicle. The court emphasized that the contractual liabilities of the mediclaim policy and the motor accident insurance are distinct.
• Kerala High Court (December 2021): The court held that amounts received under a mediclaim policy for hospital expenses following a road accident should be deducted from the compensation awarded by the Motor Accident Claims Tribunal. It observed that distinguishing between statutory and contractual liabilities in this context was unjustified.
• Karnataka High Court (January 2025): In the case involving S. Hanumanthappa, the court directed that ₹1.8 lakh received through a mediclaim policy be deducted from the compensation for medical expenses. The court referenced a previous judgment stating that such reimbursements should be accounted for in the final compensation calculation. ​

These contrasting judgments highlight the lack of uniformity in legal interpretations regarding the deduction of mediclaim reimbursements from accident compensation across different High Courts. This inconsistency underscores the need for a clear and standardized approach to address such matters in the future.​

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