Open Access Research Article
CASE COMMENT ON NEW INDIA ASSURANCE COMPANY LIMITED V. DOLLY SATISH GANDHI, S.L.P. (C) No.18267 OF 2025
Abstract
Abstract
One may think that creating a strict
rule between statutory benefit and contractual benefit as something of very
ease, but in fact the said drawing of a boundary is of the most difficult task.
As it can be seen and found when it comes to a situation where the law involved
is the Motor Vehicles Act 1988 (hereinafter referred to as ‘Act of 1988’). More
than a decade the question as to, whether the Motor Accidents Claims Tribunal
(MACT) in an application filed under Section 166 of the Act of 1988 is legally
permitted to grant compensation to the claimant under the head ‘medical
expenses’ when the very same expenses are covered or reimbursed under a
separate Mediclaim / medical insurance policy or to deduct the said ‘medical
expenses’ incurred while awarding compensation under Section 168 of the Act of
1988? As various High Courts across India were taking differing stand on the
same, finally the Hon’ble Supreme Court had decided to settle the said issue in
final. The Hon’ble Apex Court had finally settled the issue by stating that the
amount received as part of Mediclaim / medical insurance is not deductible from
compensation as calculated by the concerned MACT adjudicating the claim for
compensation under the motor vehicle accident and may also include compensation
under the head of medical expenses, if claimed by the claimant. This article
discusses the positive implications of the much-awaited decision on the life of
the motor vehicle accident victims / claimants.
Published Paper
Author Details
Authors: ADV. ANZIL SALIM
Registration ID: 1013167 | Published Paper ID: IJLRA13167
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 890-897
Article Information
CASE COMMENT ON NEW INDIA ASSURANCE COMPANY LIMITED V. DOLLY SATISH GANDHI, S.L.P. (C) No.18267 OF 2025
Authors: ADV. ANZIL SALIM
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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