ORIENTAL INSURANCE CO , LTD Vs. MOHAMMED RAZAK

JUDGEMENT

(1.) Both these appeals are preferred by insurer and claimant respectively against the judgment and award dated 26.07.2008 passed in MVC No.1910/2004 on the file of the II Addl. District Judge & Member, MACT-III, D.K. Mangalore.

(2.) For the sake of convenience the parties herein are referred to by their respective rank as insurer/appellant as Respondent No.2, the appellant/claimant, the owner as respondent No.1 as arrayed before the Tribunal.

(3.) In the statement of objections filed by the owner of the vehicle, the cause of accident, the nature of injuries alleged to have suffered are denied. Similarly the second respondent insurer denied the cause of accident and all other allegations on material aspects and pleaded that the vehicle was covered with valid insurance but, its liability if any is subject to terms and conditions of the policy.