KUMARA Vs. KALASAPPA AND ORS.

JUDGEMENT

(1.) HEARD . The appeals are admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.

(2.) MFA No. 1113/2010 has been filed by the claimant in MVC No. 1/2004 which was pending in MACT, Holenarasipura. The connected appeal MFA No. 3256/2010 has been filed by the Insurer on the ground that the Tribunal could not have mulcted liability on the insurer when it is a clear case of fraud.

(3.) LEARNED Counsel for the claimant has argued that the Insurer has not taken any defence to that effect in the written objections filed before the Tribunal and this is urged for the first time and that the contents of the discharge summary were blown out of proportion to non suit the claimant.