JUDGMENT :

This regular second appeal has been filed under Section 100 read with Order XLII of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’ for short), challenging the judgment and decree dated 16.08.2017 in A.S.No. 133/2012 on the files of the Additional District Court-I, Mavelikkara and also the judgment and decree dated 13.03.2012 in O.S.No.71/1998 on the files of the Sub Court, Mavelikkara. The plaintiff in the above suit is the appellant and the respondents are the defendants in the above suit, M/s. National Insurance Company and its Manager, Thiruvalla branch.

2. I shall refer the parties in this regular second appeal as 'plaintiff' and 'defendants' for convenience.

3. Heard the learned counsel for the plaintiff and the learned standing counsel appearing for the defendants in detail. Perused the records of the trial court and the appellate court along with decisions placed by both sides.

4. As on 16.08.2023, this Court admitted this appeal on the substantial questions of law framed in the memorandum of second appeal. Since it is mandatory for the court to formulate substantial questions of law, the following substantial questions of law are formulated in thi