B. Appellamma vs United India Insurance Co. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 1759

SANJAY KISHAN KAUL, INDIRA BANERJEE
B. Appellamma – Appellant
Versus
United India Insurance Co. Ltd. – Respondent

Advocates Appeared:
A.S. Rao, Adv., V. Sridhar Reddy, Adv., Ram Swarup Sharma, Adv., S.L. Gupta, Adv., Bikash C Varinder Kumar Sharma, Adv., Kuldeep Singh Tomar, Adv., Dinesh Mohan Sinha, Adv.

ORDER

1. Leave granted.

2. The limited question to be examined arising from the impugned order is the effect of the direction that the insurance company is liable to pay only a sum of Rs.25,000/- and the balance amount may be recovered from the respondent No.2.

3. The appellant(s)/claimant(s) seeks to contend that it is impossible for the appellants to enforce their remedy specially giving their economic status.

4. On the conspectus of the matter and on hearing learned counsel for the parties, we consider it appropriate to direct that full amount should be paid by respondent No.1-Insurance Company and the amount beyond the liability to be paid by respondent No.1 may be recovered by the Insurance company from respondent No.2.

5. The appeal accordingly stands disposed of.

Parties to bear their own costs.

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