The Branch Manager vs Sourav Haldar & Another
2023 Latest Caselaw 11299 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.863 of 2019
                 The Branch Manager, Cholamandalam
                 MS General Insurance Co. Ltd., Ashok
                 Nagar, Bhubaneswar                     ....          Appellant
                                                     Mr. A.A. Khan, Advocate
                                          -versus-
                 Sourav Haldar & Another                ....       Respondents
                                Mr. M.M. Patnaik, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

14.9.2023 Order No.

07. 1. The matter is taken up through hybrid mode.

2. Heard Mr. A.A. Khan, learned counsel for the Appellant - insurer and Mr. M.M. Patnaik, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer is directed against the impugned judgment dated 25th July, 2019 of learned 7th M.A.C.T., Bhubaneswar passed in MAC No.356 of 2015, wherein compensation to the tune of Rs.3,46,302/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 31st August, 2015 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 23rd August, 2013.

4. Mr. Khan, learned counsel submits that a sum of Rs.1,58,013/- was reimbursed from HDFC Ergo by the injured towards cost of treatment expenses in Apollo hospital. But the tribunal has failed to appreciate such fact and added the same in the compensation amount.

5. Receipt of Rs.1,58,013/- towards treatment cost in Apollo hospital from HDFC Ergo has been admitted by the injured - claimant in his cross-examination. He has further admitted that 50% of Rs.89,369.55, i.e. the amount spent in Christian Medical College, Vellore was also paid by HDFC Ergo. Both the amounts were received towards medi-claim. Since this is a case of injury and admittedly the injured has reimbursed his medical expenses towards insurance claim from HDFC Ergo, such amounts are liable to be deducted from the compensation amount to avoid double benefit. As such, deducting those amounts from the compensation amount, the balance remains Rs.1,43,605/- and the same is payable to the claimant along with interest @ 6% per annum.

6. In the result the appeal is allowed and the insurer - Appellant is directed to deposit before the tribunal the differential compensation of Rs.1,43,605/- (one lakhs forty three thousand six hundred five) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 31st August 2015, within a period of two months from today; where-after the same shall be disbursed in favour of the injured - claimant on such terms and proportion to be decided by the learned tribunal.

7. The copy of deposition produced by Mr. Khan in course of hearing is kept on record.

8. The statutory deposit made by the Appellant before this court along with accrued interest thereon shall be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

9. An urgent certified copy of this order be issued as per rules.

(B.P. Routray) Judge M.K. Panda

Signature Not Verified Digitally Signed

Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 15-Sep-2023 17:45:39