UNITED INDIA INSURANCE CO LTD Vs. DEVAIAH

JUDGEMENT

(1.) Both the appeals arise out of the same accident, hence, they are taken up for consideration together, heard and disposed of by this common order.

(2.) The petitioner in M.V.C. No. 255/97 sustained fracture of shaft of left femur in a motor vehicle accident. The petitioner was an inpatient in the hospital for about 15 days. There is shortening of leg by 6 cms. The total body disability is assessed at 30%. Petitioner is a mason. His income to be assessed at Rs. 1,500/- per month, in the absence of income proof. The petitioner is in appeal seeking enhancement.

(3.) The insurer has filed M.F.A. No. 5966/2001 seeking avoidance of the liability on the ground that there was no policy.