NATIONAL INSURANCE COMPANY LIMITED Vs. SUDHAKAR ANKUSH BIRADAR

JUDGEMENT

(1.) In so far as MFA No. 30386/2012 is concerned, there is a delay of 5 days in filing the appeal. Notice of the appeal having been served. For the reasons stated in the affidavit filed in support of the application, the delay is condoned. These appeals are considered for final disposal at the stage of admission.

(2.) The appellants are the Insurance Companies of the respective vehicles, which were involved in the accident. The appellant in MFA No. 30340/2012 had insured the lorry where the injured claimant was travelling. It transpires that the appellant in MFA No. 30386/2012 was the insurer who had insured the lorry which was parked on the road. Consequently, the lorry insured in MFA No. 30340/2012 had dashed rear end of the lorry bearing No. KA-32/8210. As a result of which the occupants of the lorry had suffered injuries and they claimed compensation.

(3.) The tribunal in its decision had imposed 25% liability on the appellant in MFA No. 30340/2012 and imposed 75% liability on the appellant in MFA No. 30386/2012.