M A c t
PRAKASHCHANDRA MARU
(Querist) 27 December 2009
This query is : Resolved
hello all learned experts
my client got the accident he had mediclam so he claimed to the mediclal claim where he surrendered the all original bills now my question is that he would like to lodge the claim u/s provisions of mv act 166 now he has not the original bills and whetere he is entitltel to get the compensation from the insurance company of the oppenent regards
Kiran Kumar
(Expert) 27 December 2009
let the duplicate bills or photocopy of the bills be filed to intitate the proceedings, their authenticity can be proved by summoning the relevant record.
adv. rajeev ( rajoo )
(Expert) 28 December 2009
get the copy of the insurance company or file a petition first along with the FIR, charge sheet and other necessary policy documents then at the time of evidence before leading the evidence you can call the medical bills from the insurance office. To prove the injury disability certificate issued by the doctor and his evidence is necessary.
Vinod Singh Tomar
(Expert) 28 December 2009
Please file the petition alongwith duplicate bills. Once the matter comes up for hearing at the stage of evidence, you can get the insurance company summoned to produce the original for persual by the tribunal and for proving the xerox copy of the bills. But remember to mention in the petition that original bills are in the custody and possession of the insurance company to avoid amendment of the pleadings.
J.D.Sharma
(Expert) 28 December 2009
if you have photocopies of the bills, file the same along with the petition and lateron get it authenticated(exibited) by summoning the records from the office you earlier have deposited the bills. else you could also get it summoned from the medicine shop you have purchased all your medicines(if possible i.e if all your medicines had been purchased from few medical shops)
as far as your second querry is concerned that whether you are entitled for the compensation. the answer is "yes". See mediclaim only reimburses you to the extent you lay your claim with the support of medical bills however they never do or can reimburse you about the other collateral damages suffered by you cause of the accident e.g- about your absence from your job, disability suffered due to accident, loss of potential to expand the business, losss of limb etc..
Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents. under mact you claim for the damages suffered by you due to the ngligent act of the other party and it is they who reimburses you of all your damages. since the master is liable for the fault of his servant, as such owner has to reimburse you of the faults f his driver however if the vehicle is insured insurance company have to bear the expenditures jointly or severally with the owner as the case may be.
you are paying different premium to the insurances companies in order to get the mediclaim and you could have many mediclaim policies in your name. but it doesn't mean that once you claim from one insurance company under one mediclaim policy you could not file the same with the other with same records. once you have paid the premium you can file with as many companies from whom you have taken mediclaim policies.
N.K.Assumi
(Expert) 28 December 2009
Insurance Company is bound to submit original documents in the court: National Insurance Co.Ltd: 1988-CAR-0113-SC and also the case of Dr.T.V.Jose 2001-(003)-SCALE-0506-SC.
