Diocese Cannot Claim Insurance Over Death Of A Priest: Kerala High Court

Kerala High Court held that a “Diocese is not entitled to claim compensation for the death of a deceased priest.”Justice C. Pratheep Kumar made this observation in an appeal filed by the insurance company against the grant of insurance money to the Diocese over the death of a priest from road accident. The deceased was travelling in a motor bike when he was hit by a lorry and succumbed to the injuries.The lorry had a valid insurance coverage. The Motor Accidents Claims Tribunal awarded a compensation of Rs. 13,19,000. Against this the appeal was filed.The original case was filed by a priest of St. Joseph Capuchian Provincialate on behalf of the Provincialate. The deceased was the member of the same provincialate.The insurance company argued that the Provincialate cannot be considered as the legal representative of the deceased and therefore the clam filed on behalf of the Provincialate is not maintainable.The petitioner relied on the Supreme Court decision in Jayasree N. and Others v Cholamandalam MS General Insurance Company Ltd. (2021) where the Court had observed that the Supreme Court in an earlier decision in Montford Brothers of St. Gabriel and Another v United India Insurance and Another (2014) had allowed a society to claim compensation for the death of a 'brother' of the society. This argument was refuted by the appellant saying that there was no such observation in Montford Brothers.The High Court held after going through that the judgment in Montford Brothers held that the Supreme Court did not adjudicate on the issue whether the charitable society can represent the 'brother'. The High Court held that the observations of the Supreme Court in this issue can be considered only as an obiter.The High Court relied on the Division Bench decision of the Court in Msgr Xavier Chullickal v C. G. Raphael (2017) where it was held that a Christian priest is governed by Indian Succession Act and he can receive and alienate property in his name. It was also held in that case that the Indian Succession Act had an overriding effect over canon laws/ personal laws.The Appeal was accordingly allowed.Counsel for the Appellants: Adv. VPK. PanickerCounsel for the Respondents: Adv. S. Sachithananda PaiCase No: MACA 3957 of 2015Case Title: The New India Insurance Co. Ltd. v Fr. Mathew PaikadaCitation: 2025 LiveLaw (Ker) 40Click Here To Read Order

Diocese Cannot Claim Insurance Over Death Of A Priest: Kerala High Court

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