NEW INDIA ASSURANCE COMPANY LTD Vs. SUGIYA DEVI AND ANR
LAWS(SC)-2016-11-151
SUPREME COURT OF INDIA
Decided on November 25,2016

NEW INDIA ASSURANCE COMPANY LTD Appellant
VERSUS
Sugiya Devi And Anr Respondents

JUDGEMENT

- (1.) Having heard learned counsel for the petitioner, we intend to modify the order dated 29th April, 2016, by directing the petitioner to deposit further 50% amount before the concerned district consumer forum within six weeks hence and the said amount shall be withdrawn by the consumers/petitioners therein without furnishing any security. The similar arrangement shall be done for the previous deposit as the amount has already been deposited and directed to be withdrawn.
(2.) The affected persons need not appear to contest the matter before this Court, for the dispute is between the insurance company and the principal insured pertaining to determination of composite negligence. The stand of either side is that the principle of 'composite negligence' would not be attracted as the factual matrix of the case would show that either the insurer or the principal insured would be liable. Delay condoned. Leave granted. Let hearing of the appeals be expedited.;


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