Insurance Claim for Vehicle Damage Dispute and Double Suing
Thanong Insurance Co., Ltd., through its negligent operation of a taxi driven by Mr. A and a ferry boat moored awaiting a red light signal at the intersection, sustained damage. Both vehicles were insured with the Plaintiff. The Plaintiff therefore assumed the rights of Mr. A and the two insured parties to file suit, requesting an order compelling the Defendant to accept responsibility for paying for repairs and Mr. B, a private taxi driver, in the amount of 310,000 baht. Regarding the damage to the ferry boat, the amount of damage was not yet known at the time of filing. The Plaintiff reserved the right to request repair of the ferry boat.
On the date set for the examination of witnesses, the Plaintiff upheld its request to amend the complaint. The Plaintiff determined that it could file a request to amend the complaint before the court, allowing the Plaintiff to amend its complaint for one witness and then postpone the case. Subsequently, the Plaintiff, as the assignee of Mr. B, filed a lawsuit against the Defendant in tort, constituting a new case within the statute of limitations, compelling the Defendant to compensate for damages of 350,000 baht. The Court should consider the following: whether the Defendant’s contention regarding the issue of “double suing” is receivable or not. Article 172, Paragraph 2 of the Civil Procedure Code states that if a claim is made in a case that is already under consideration, the Plaintiff cannot file the same claim against the same defendant, either in the same court or in another court, where the case is already under consideration. This is because the Plaintiff is assuming rights from Mr. A to sue the Defendant, holding the Defendant liable for damages to the property of Mr. A. Regarding the claim against the property of Mr. B, since the previous case was not permitted to amend the complaint, and there was no order compelling the amendment, the matter remained in court because the complaint must be clearly stated with the allegations of the Plaintiff. Therefore, the subsequent lawsuit is not considered “double suing” under Article 172, Paragraph 2 of the Civil Procedure Code. Article 173, Paragraph 2 (1) of the Civil Procedure Code does not apply.