Motor Accident | Claimant Compensated By His Insurer Not Entitled To Compensation For Same Damages From Offending Vehicle’s Insurer: Kerala High Court

Motor Accident | Claimant Compensated By His Insurer Not Entitled To Compensation For Same Damages From Offending Vehicle’s Insurer

Case: Antony v. V.K. Suresh & Ors.

Coram: Justice A. Badharudeen

Case No.: MACA NO. 848 OF 2012

Court Observation: “When the insurer under a policy discharged liability in terms of the contract of indemnity, the insurer who issued policy is subrogated in the place of the insured or stepped into the shoes of the insured and therefore, the insured cannot claim the said amount again from another insurer.” “The third respondent subrogated into the shoes of the appellant and therefore, the amount, if any, paid by the third respondent can be realised by the second respondent from the third respondent applying the principle of subrogation and therefore, the appellant is not entitled to get anything as claimed.”

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Keywords

Claimant Compensated, Motor Accident