JACOB JOSEPH Vs. DEVASSY

JUDGEMENT

(1.) Appellant is the claimant in O.P. (M.V.) No.809 of 1993 on the file of the Motor Accidents Claims Tribunal, Thrissur. The said claim petition was filed seeking compensation of Rs. 9.25,000/- for the death of an elephant owned by the claimant in a road accident occurred on 18.2.1993 at about 8.00 p.m. at Thrissur-Kunnamkulam Public road. The Tribunal found that the accident occurred due to the negligent driving of the second respondent and the vehicle involved in the accident was owned by the first respondent and insured by the third respondent insurance company. However, no compensation was awarded as third respondent insurance company which insured the offending vehicle itself has insured the elephant involving in the same accident also and the insurance company has paid compensation for the death of the elephant in full satisfaction of the claim. Ext.B2 is the subrogation deed. Ext.B3 is the insurance policy by which the elephant was insured. The Tribunal found that since the claim was subrogated and third respondent insurance company has insured the vehicle also which was involved in the accident, no further compensation is payable. This is questioned by the appellant.

(2.) The learned counsel for the appellant relied on the decision of the Supreme Court in United India Insurance Co. Ltd. and Ors. v. Patricia Jean Mahajan and Ors., 2002 6 SCC 281, wherein it was observed as follows at paragraph 36:

(3.) Decision of a single Judge of the Delhi High Court in Dr. A.C. Mehra v. Behari Lal and Anr., 1998 ACJ 379 was also relied on by the appellant. In that case, a comprehensively insured car was damaged in an accident due to the negligence of the bus driver. Insurance company of the car paid charges to the repairs to the workshop. The Court held that the doctrine of subrogation does not apply automatically as the case is covered under the Motor Vehicles Act and no express agreement of transfer of rights has been established. It was held as follows at paragraph 9: