Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

June 2026

Mediclaim reimbursements are independent contractual entitlements and cannot be deducted from compensation awarded under the Motor Vehicles Act.

By Dr K. Shivaram, Senior Advocate, Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 2 mins
14. New India Assurance Company Ltd. v. Dolly Satish Gandhi & Anr.

2026 INSC 498

Mediclaim reimbursements are independent contractual entitlements and cannot be deducted from compensation awarded under the Motor Vehicles Act.

FACTS

Conflicting views existed amongst various High Courts regarding whether amounts received by a claimant under a Mediclaim insurance policy were liable to be deducted while computing compensation payable under the Motor Vehicles  Act.

One line of decisions held that Mediclaim reimbursement is independent of compensation under the Motor Vehicles Act and therefore not deductible. Another line of authorities held that permitting both would amount to double recovery and that Mediclaim amounts ought to be deducted.

A Full Bench of the Bombay High Court resolved the conflict by holding that Mediclaim reimbursement is not deductible from compensation awarded by the Motor Accidents Claims Tribunal.

The correctness of the Full Bench decision was challenged before the Supreme Court.

HELD

The Supreme Court held that compensation under the Motor Vehic

You May Also Like