ORIENTAL INSURANCE COMPANY TCMA BUILDING Vs. THIMMAMMA

JUDGEMENT

(1.) THE above appeal is preferred against the judgment and award dated 1.1.2008 passed in MVC.No.210/2006 on the file of the Civil Judge (Sr.Dn) and Additional MACT, Kunigal, by the 2nd respondent -Insurer in the said case.

(2.) THE brief facts leading to filing of the said claim petition are as hereunder:

(3.) IN the statement of objections filed by the 2nd respondent -Insurer, it is specifically pleaded that the police registered the case against the driver of the vehicle bearing registration No.KA -02 -B -6964, but, implicated another vehicle bearing registration No.KA -06 -6108 at the time of filing of the charge sheet, and as such, it is specifically pleaded that the vehicle bearing registration No.KA -06 -6108 was not involved in the accident. Further, it is specifically pleaded that the liability, if any, the same is subject to the terms and conditions of the policy.