Case Title: Kumarvel Janakiram AND National Insurance Company LTD & Others
Summary
The Karnataka High Court has ruled that a claimant cannot claim additional payment from the insurance company of an offending vehicle for repair if they have received the full and final settlement of their claim. The claimant, Kumarvel Janakiram, argued that the offending vehicle damaged his father’s Omni Van beyond repair, necessitating the purchase of a new vehicle. The court reaffirmed this ruling, citing the case of Harkhu Bai And Ors. vs Jiyaram And Ors. (2003), which established that a claimant cannot claim additional payment from the insurance company if the settlement is complete and definitive.
About the case
The Karnataka High Court has reaffirmed that the claimant is prohibited from claiming additional payment from the insurance company of the offending vehicle for the repair of his vehicle if he has received the full and final settlement of his claim from the insurance company of his vehicle.
While dismissing the petition submitted by Kumarvel Janakiram, Justice Jyoti Mulimani, a single justice, made the following observation. The claimant has received the full and final settlement of his claim without any reservation or demur, as the damaged vehicle was admittedly insured with the Royal Sundaram Alliance Insurance Company. The Tribunal is justified in rejecting the claim for any further payment in the absence of any material to demonstrate that the claim paid by his Insurance Company represented a portion only of the total damage.
The claimant argued that the offending vehicle damaged his father’s Omni Van beyond repair, necessitating the purchase of a new vehicle. Nevertheless, the Tribunal rejected his claim petition.
The claimant claimed a sum of Rs.1,41,516 from the insurance company of the offending vehicle for property damage. However, it was acknowledged that the claimant received the full amount from his insurance company for property damage. This was noted by the High Court.It referenced the case of Harkhu Bai And Ors. vs Jiyaram And Ors. (2003), in which a Division Bench determined that the claimant was unable to claim any additional payment from the insurance company of the offending vehicle if the amount was received in full and final settlement of his claim without any reservation or demur. Consequently, the Court determined that the claimant has received the sum from his insurance company as a complete and definitive settlement in the current case. Therefore, he is unable to request additional compensation from the insurance company of the offending vehicle. Therefore, the argument regarding tortious liability must necessarily be rejected.
