Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 2010
  6. /
  7. January

Cholamandalam Ms General Insurance Co Ltd vs Radhamani & Ors

Supreme Court Of India|12 March, 2010
|

JUDGMENT / ORDER

Summary

Issue: Whether the respondents should be required to furnish security for the amount directed to be released to them
Rule: Indian Contract Act, 1872 and Insurance Act, 1938
Application: The court modifies the condition imposed by the High Court, allowing the claimants to withdraw the amount only after furnishing security to the satisfaction of the Tribunal. The remaining amount deposited by the insurer shall be kept in a fixed deposit until the disposal of the appeal.
Conclusion: The court's decision to balance the interests of both the insurer and the claimants by requiring security for the amount directed to be released to them, while also considering the provisions of the Insurance Act, 1938 and the Code of Civil Procedure, 1908.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2450 of 2010 [Arising out of SLP(C) No.6868 of 2007] Cholamandalam MS General Insurance Co. Ltd. Appellant Versus Radhamani & Ors. Respondents O R D E R Leave granted. Notice was issued limited to the question as to why the respondents 1 to 5 shall not be asked to furnish security (for the amount directed to be released to them.
2. Learned counsel for the respondents 1 to 5 stated that they had no objection for modification of the order of the High Court. They submitted that they may be permitted to withdraw the amount as per the interim order of the High Court, only after furnishing security. He made this submission to avoid any delay.
3. In view of the said submission, we allow this appeal and modify the condition imposed by the High Court, while granting interim stay, as follows: The claimants (respondents 1 to 5 herein) shall be permitted to withdraw the amount (which the High Court has permitted them to withdraw without security) only on furnishing security to the satisfaction of the Tribunal. The remaining amount deposited by the insurer shall be kept in a fixed deposit until the disposal of the appeal. We request the High Court to dispose of the pending appeal expeditiously.
. J.
(R.V. RAVEENDRAN) . J.
(H. L. Dattu) New Delhi. J.
March 12, 2010. (K.S. RADHAKRISHNAN)
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Cholamandalam Ms General Insurance Co Ltd vs Radhamani & Ors

Court

Supreme Court Of India

JudgmentDate
12 March, 2010
Judges
  • R V Raveendran
  • H L Dattu