NATIONAL INSURANCE COMPANY LIMITED Vs. SREENIVAS

JUDGEMENT

(1.) These two appeals by the insurer though arise from two separate judgments and orders dated 19.08.2009 passed in WCA.F.SR.No.25/2007 and dated 15.09.2009 in WCA.F.SR.No.52/2004, since common questions of law and facts are involved, they are heard together with the consent of the counsel appearing for the parties.

(2.) The brief facts started are that: in a vehicular accident that happened on 18.09.2003 because of rash and negligent driving of the offending tractor-trailer bearing Registration No. KA 13 TR 1329, one Mr. Prakash sustained fatal injuries and succumbed thereto, in a short while and another Mr. Srinivas the claimant in WCA.F.SR.No.52/2004 sustained grievous injuries. In the respective claim petitions, the appellant-insurer had filed Statement of Objections resisting the claim.

(3.) To prove the claim, the father of the deceased was examined as PW1 in WCA.F.SR.No.25/2007 and in his evidence, eight documents came to be got marked as per Exhibits P1 to P8 which, inter alia, comprised of Police Papers, Post Mortem Report and IMV Report. In WCA.F.SR.No.52/2004, the claimant himself got examined as PW1 and got marked Exhibits P1 to P7 which again included Police Papers and Medical Records. The doctor who had treated the injuries of the claimant was examined as PW2. In both these matters, none was examined from the appellant-insurer, although the Insurance Policy came to be marked consensually as Exhibit R1.