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Claimant cannot claim additional amount on a claim already decided by forum

In Prabha Tyagi vs National Insurance Co. Ltd., the insured had a personal accident cover of Rs. 2 Lakhs but filed an accident claim of Rs. 1 Lakhs which was allowed by the District Forum. The insured then filed another claim of additional Rs. 1 Lakhs stating that the insurer was under the wrong impression that the policy was for Rs. 1 Lakhs and the said claim was allowed by the District Forum. However, the State Commission has accepted the appeal of the Insurance Company and disallowed complaint on the ground of constructive res judicata and on the ground of limitation.

On appeal before the NCDRC, the forum while dismissing the claim of the insured and referring to Order II Rule 1 & 2  of the Code of Civil Procedure, 1908 held that the complainant was required to include his whole claim in the original complaint itself.  These rules are framed to prevent further litigation between the same parties. Thus, no ground is made out for filing another complaint on the same cause of action for pursuing part of the claim, which he had left in the first complaint.

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