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2006 Supreme(Kar) 888

N.KUMAR
ORIENTAL INSURANCE COMPANY LIMITED, BANGALORE – Appellant
Versus
THUKARAMA ADAPPA – Respondent


Advocates:
Sri S. Srishaila,Sri K Subhash,Sri S.B. Pavin,Sri B.V. Krishna,Sri B.C. Seetharama Rao

JUDGMENT

These appeals are taken up together for consideration and disposed of by this common order since, they are preferred against a common judgment, but two different awards, as common questions of law do arise for consideration in these appeals and cross-objection.

2. One Sri Ramachandra was the claimant in MVC No. 1140 of 1990.

Sri Thukarama Adappa is the claimant in MVC No. 1442 of 1990. Both were injured in a motor vehicle accident and they preferred two independent claim petitions and both the claim petitions were disposed of by a common judgment on 6-12-2000 after holding a common trial. The Insurance Company on whom the liability to pay the award amount is foisted has preferred these appeals challenging the liability to pay the entire amount and contend their liability is limited to the extent mentioned in the Contract of Insurance. They are not challenging the quantum of compensation. Ramachandra, the claimant in MVC No. 1140 of 1990 has preferred Cross Objection No. 74 of 2001 in MFA No. 1147 of 2001 seeking enhancement of compensation. During the pendency of these appeals he died on 16-2-2005.

3. The facts in brief which has given raise to these appeals are as under:

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