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RAM MOHAN REDDY, ARAVIND KUMAR
General Manager, ICICI Lombard Gen. Ins. Co. Ltd. – Appellant
Versus
Rajendrasingh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Sri. C.S. Kalburgi, Advocate
For the Respondents:Sri. A.M. Patil, Advocate

JUDGMENT

Ram Mohan Reddy, J.—Since common questions of fact and that of law arise for decision making with the consent of Learned Counsel for parties, appeals are clubbed together, finally heard and disposed of by this common judgment.

2. MFA No. 31686/2013 and MFA No. 31412/2013 are filed by the insurer of Lorry bearing Certificate of Registration No. KA-27-649, aggrieved by the finding fastening liability to pay compensation, by judgment and award dated 17.04.2013 in MVC No. 89/2011 of the I Addl. Senior Civil Judge & MACT, Gulbarga and by judgment and award dated 16.02.2013 in MVC No. 969/2010 of the Principal Senior Civil Judge & MACT, Gulbarga. (for short ‘MACT’).

3. MFA No. 31483/2013 is preferred by the claimants in MVC No.969/2010, aggrieved by the judgment and award dated 16.02.2013 in MVC No.969/2010 insofar as it relates to quantum of compensation and attributing contributory negligence of 40% to the driver of the public transport bus.

4. Respondent No.2 - owner/insured of the offending lorry since placed ex parte before MACT in MVC No. 89/2011, hence notice to said respondent is dispensed with in the light of Karnataka Amendment to Order 41, Rule 14 CPC.

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