CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED Vs. K.KUMAR

JUDGEMENT

(1.) These five appeals have been filed by M/s. Cholamandalam General Insurance Company Ltd. ("Cholamandalam Insurance Co."), against the common award dated 28.09.2018, on the file Special District Court for Motor Accident Claims, Krishagiri, as per table below: -

(2.) The above appeals came to be filed in respect of an award arising out of the accident dated 09.05.2014 involving a lorry bearing Registration No. KA 01 D 1092 insured by the appellant and a tourist bus bearing Registration No.TN 23 AH 6666 insured with M/s. Oriental Insurance Company Ltd. ("Oriental Insurance Co."). The victims being 2 deceased persons and 3 injured, filed the claims against both Cholamandalam Insurance Co. and Oriental Insurance Co. In fact, originally the claims were filed alleging negligence on the part of the driver of the bus insured with Oriental Insurance Co. alone, since FIR & Charge Sheet were against the said bus driver.

(3.) However, in the case where Oriental Insurance Co. disputed liability on the ground that the cheque for premium for the policy of insurance, was dishonoured, and therefore prayed for exoneration, the owner & insurer of the lorry bearing Registration No. KA 01 D 1092 were impleaded and relief was sought against the all the respondents, in the five claim petitions.