NEW INDIA ASSURANCE CO.,LTD. Vs. SHIVA PRASAD

JUDGEMENT

(1.) Insurer is in appeal questioning the correctness and legality of the Judgment and award passed by MACT, Bangalore in MVC 2576/2005 dated 29.12.2007 contending interalia that Tribunal ought not to have fastened the liability on the insurance company. Heard Sri. Jai Prakash, learned Counsel appearing for appellant-Insurance Company. Service of Notice on R-1 & R-2 has been held sufficient vide order dated 08.03.2013 and 21.08.2012 respectively.

(2.) Contention of Sri. Jai Prakash, learned counsel appearing for insurer can be crystalised as under:

(3.) Having heard the learned counsel appearing for appellant, I am of the considered view that following points would arise for my consideration.