The Manager v. C.Amsa
Case brief
What is this about?
Appeal against Motor Accident Claims Tribunal award. Court allowed appeal in part, modifying the exclusive liability on one insurer to be shared equally with New India Assurance upon proof of a cover note for the overlapping period.
What did the court decide?
Insurance companies to deposit compensation amounts equally (50% each) within six weeks. Connected M.C.O.Ps closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2017
C O R A M
THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
Civil Miscellaneous Appeal Nos.2300 & 2301 of 2016 and C.M.P.Nos.16229 and 16230 of 2016
C.M.A.No.2300 of 2016
The Manager Cholamandalam MS General Insurance Company Limited 2nd Floor, Dare House No.2, NSC Bose Road Chennai - 600 001 ... Appellant/3rd Respondent
Vs
1.C.Amsa 2.Ramalingammal 3.K.Murugesan 4.P.Sounder
5.The Divisional Manager
New India Assurance Company Limited Divisional Office, Sri Vari Shopping Mall Old No.2/91, New No.258/2, II Floor New Bus Stand, Meyyanoor, Salem - 4
... Respondents/Petitioners/ Respondents 1, 2 and 4
Issues for consideration
2 issues framed by the court
Whether the liability to pay compensation should be shared equally between two insurers when a cover note was issued for the vehicle after the original policy period.
Whether an earlier judgment finding the claim against one insurer maintainable as no other policy existed can be overturned based on production of a subsequent cover note.
Parties & counsel
- appellant
The Manager Cholamandalam MS General Insurance Company Limited
- respondent
1.C.Amsa
- respondent
2.Ramalingammal
- respondent
3.K.Murugesan
- respondent
4.P.Sounder
- respondent
Case details
As recorded by the court registry
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