Compensation for damaged car – Tortuous liability
Maxi pick up vehicle hit Maruti Omni van driven by the father of the claimant and caused accident on 12.5.2009. In view of damage of van, the claimant was constrained to purchase a new car and filed claim petition for compensation of Rs.1,41,516/- for damage from the offending vehicle in view of tortuous liability.
By the judgment dated 1.2.2013, the Tribunal dismissed the claim petition as not maintainable.
HELD that the vehicle of the claimant was insured with Royal Sundaram Alliance Insurance Company and received Rs.95,259/- for damage of the vehicle. The claimant had received compensation from its insurer for damage to his vehicle in full and final settlement.
If the claimant has received amount from his insurance company for damage for his vehicle as full and final settlement, he cannot claim further payment from Insurer of the offending vehicle.
In the absence of any material to show that the claim paid by his Insurance Company represented only a part of the total damage, the Tribunal is justified in rejecting the claim for any further payment from the Insurer of offending vehicle.
Judgment dated 22.4.2024 of Karnataka High Court in Misc. First Appeal No.5788 of 2013 of Sri. Kumarvel Jankiram Vs. The National Insurance Company Ltd and others.
