Claimant Cannot Claim Further Payment From Offending Vehicle’s Insurance Company In Absence Of Material To Show That Claim Paid By His Insurance Company Was Partial: Karnataka HC
The Karnataka High Court has ruled that the claimant cannot claim further payment for the damaged vehicle from the offending vehicle’s insurance company 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 bench of Justice Jyoti Mulimani observed, “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.”
Brief Facts-
It is the case of the Petitioner, Kumarvel Janakiram that his Maruti Omni van was hit by a Mahindra Maxi Pick Up vehicle which was being driven in a rash and negligent manner. The impact was severe rendering the Maruti Omni irreparable, necessitating the purchase of a new car. The claimant sought compensation for the damaged property.
The Court noted that the claimant claimed a sum of around ₹1.4L towards property damaged from the Insurance Company of the offending vehicle. He stated in his cross-examination that he had received the entire amount towards the damage to the property from his Insurance company.
The Court mentioned the division bench decision in Harkhu Bai’s case and observed, “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.”
According to the Court in the present case, the claimant has received the amount from his Insurance Company as a full and final settlement. Hence, he cannot claim further payment from the Insurance Company for the offending vehicle.
Accordingly, the Court rejected the appeal.
Cause Title: Kumarvel Janakiram v. The National Insurance Company Ltd. (Neutral Citation: 2024:KHC:15862)
Appearance:
Appellant: Adv. B.V.Krishna and Adv. Prashanth Chandra S.N.
Respondent: Adv. A.N. Krishna Swamy and Ravi S. Sampathi