NATIONAL INSURANCE COMPANY LTD. Vs. RAHUSAHEB NANASAHEB HUDDAR

JUDGEMENT

(1.) The National Insurance Company Limited has filed these two appeals against the impugned judgment and award dated 5.9.2015 passed in MVC Nos.1209 and 1269 of 2013 on the file of the learned Senior Civil Judge and Member, Addl. MACT, Bailhongal (for short, Tribunal ) awarding a total compensation of Rs.22,54,168/- and Rs.6,22,800/- with interest thereon at 9% per annum from the date of petition till deposit.

(2.) The present two appeals are filed by the insurance company mainly on the ground that there was clear breach of policy conditions i.e. vehicle Tata Tipper bearing registration No.KA-24/6219 was not having valid fitness certificate and therefore, the impugned judgment and award passed by the Tribunal cannot be sustained.

(3.) Both learned counsel for the appellant-insurer as well as learned counsel for the respondents fairly and rightly submit that the said issue is no longer res-integra in view of decision of co-ordinate Bench of this Court in the case of The Oriental Insurance Company Limited Vs. Kumara and others (MFA Nos.7792/2015 c/w MFA 6449/2015, dated 21.12.2020) . Accordingly, the present appeals are liable to be disposed of in terms of the judgment of this Court stated supra.