Claimant Can't Seek Compensation From Offending Vehicle's Insurer If Already Received From Own Insurance Company: Karnataka High Court
The Karnataka High Court has reiterated that if the claimant has received the amount in full and final settlement of his claim from the insurance company of his vehicle, he cannot claim further payment towards repair of his vehicle from the Insurance Company of the offending vehicle.A single judge bench of Justice Jyoti Mulimani made the observation while dismissing the petition filed by...
The Karnataka High Court has reiterated that if the claimant has received the amount in full and final settlement of his claim from the insurance company of his vehicle, he cannot claim further payment towards repair of his vehicle from the Insurance Company of the offending vehicle.
A single judge bench of Justice Jyoti Mulimani made the observation while dismissing the petition filed by one Kumarvel Janakiram. It said, “Admittedly, damaged vehicle was insured with the Royal Sundaram Alliance Insurance Company and the claimant has received the full and final settlement of his claim without any reservation or demur. In the absence of any material to show that the claim paid by his Insurance Company represented a part only of the total damage, the Tribunal is justified in rejecting the claim for any further payment.”
The claimant contended that the offending vehicle dashed his father's Omni Van beyond repair, constraining him to purchase a new Car. His claim petition was however rejected by the Tribunal.
The High Court noted that the claimant claimed a sum of Rs.1,41,516, towards property damage from the Insurance Company of the offending vehicle whereas it was admitted that he received the entire amount towards damage of the property from his Insurance company.
It referred to Harkhu Bai And Ors. vs Jiyaram And Ors. (2003) where a Division Bench had held that if the claimant has received the amount in full and final settlement of his claim without any reservation or demur, he cannot claim further payment from the Insurance Company of the offending vehicle. Thus the Court held, “In the present case, the claimant has received the amount from his Insurance Company as full and final settlement. Hence, he cannot claim further payment from the Insurance Company of the offending vehicle. Hence, the contention regarding tortuous liability must necessarily fail.”
Appearance: Advocate B V Krishna for Prashanth Chandra S N for Appellant.
Advocate A N Krishna Swamy FOR R1.
Advocate Ravi S Samprathi for R3.
Citation No: 2024 LiveLaw (Kar) 219
Case Title: Kumarvel Janakiram AND National Insurance Company LTD & Others
Case No: MISCELLANEOUS FIRST APPEAL NO.5788 OF 2013