SHIVANANDA Vs. SANTOSH S/O KALLAPPA UJLAMBE

JUDGEMENT

(1.) AGGRIEVED by the Judgment & award passed by the Tribunal, the Insurer has Filed MFA No.31111/2009 questioning the liability to satisfy the award. MFA No.30273/2009 has been filed by the claimant seeking enhancement.

(2.) ON the question of liability the Tribunal held that since the Insurance policy vide Ex.P-10 was in force, respondent No.3 being the insurer of the offending vehicle, necessarily respondent No.3 is liable to pay compensation.

(3.) ON the other hand, the learned counsel for he claimant as well as the owner contends that an adequate opportunity has not been given to them in order to justify their case.