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2014 Supreme(Kar) 50

B.S.INDRAKALA
New India Assurance Co Ltd. – Appellant
Versus
B. M. Subramanya – Respondent


Advocates Appeared:
For the Appearing Parties:A. Ravishankar, N.K. Ramesh, Advocates.

JUDGMENT

1. MFA No. 1447/2009 and MFA No. 1448/2009 are preferred against the judgment and award dated 18.09.2008 passed in MVC Nos.2020/2006 and 2021/2006 respectively on the file of FTC-I and Additional MACT, Shimoga.

2. As both these cases are preferred with regard to one and the same accident, these appeals and respective cross objections in MFA.CROB No.95/2009 and MFA.CROB No.94/2009 are taken up together for consideration.

3. The said claim petitions were filed by the respective claimant seeking compensation on account of the injuries said to have been sustained by each of them in the motor vehicle accident which occurred on 08.05.1999 at about 11.45 p.m. wherein the car bearing Registration No.CNZ 2493 was involved.

4. The Tribunal on appreciating the evidence placed on record in both the cases deemed it fit to award a sum of Rs.35,025/- and Rs.72,032/- with interest at the rate of 6% p.a. from the date of petition till realization respectively, holding that the respondent- insurer is liable to indemnify the owner of the vehicle - car which was insured with it.

5. Being aggrieved by the said judgment and award in both the cases, the insurer is in appeal inte ralia contending























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