Mr. K. Kannan, J.: (Oral) - CM No. 1759-CII of 2014 in FAO 598 of 2014

For the reasons mentioned in the application, delay in re-filing the appeal is condoned. Civil Miscellaneous Application stands disposed of.

CM 2580-CII of 2014 IN XOBJC No. 20-CII of 2014 in FAO 2705 of 2013

For the reasons mentioned in the application, delay in filing the cross- objection is condoned. Civil Miscellaneous Application stands disposed of.

Main Cases

1. All the appeals are at the instance of the claimants and the owner. FAO 2838 of 2013 and FAO 2705 of 2013 are at the instance of the owner aggrieved against the denial of indemnity and a provision for recovery granted to the insurer. FAO 598 of 2014 and cross objection in FAO 2705 of 2013 are at the instance of the claimants seeking for enhancement.

2. The accident had taken place on 31.08.2011. The counsel for the insurer seeks to contend that it was the case of head on collision and, therefore, the driver of the motorcycle must be taken as having contributed to the accident. The Tribunal has already found the truck driver to be respon