expenditures born by others in accident claim case.

J K Agrawal (Querist) 12 July 2011 This query is : Resolved
In a motor accident claim case there are medical bills around 30 lakh rupees.

The claimant (wife of deceased says that she did not paid the bills nor she know who paid for medical bills)

The ITR of deceased does not show any expenditure.

I represent an Insurance company and request a citation that if medical bills are not paid by the claimants they are not entitle to the bill amount.

Thanks in anticipation.

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dev kapoor (Expert) 14 July 2011
The payment of bills has become suspicious no doubt as the wife has stated she does not know who paid the bills,nonetheless if the bills are not forged & their authenticity & correctness is proved,the petitioner has to be reimbursed. Moreover if the facts are different,the opinion can be formed otherwise.Need of Judgment in Tribunal cases (or else) arises only when the Law is not clear & facts are suspicious and bill are fictitious.

J K Agrawal (Querist) 15 July 2011
Dear Mr Kapoor
Thanks.

Bills are checked and found genuine but all the payment is in cash and nobody is there to say the he paid the bills.

In short can a claimant claim those bills which were borne by somebody else and not by the claimants ?

I can argue the case on admissions and facts but being a big amount on stake support of a citation will strengthen me.