NEW INDIA ASSURANCE CO LTD Vs. SHANTHI MASCARENHAS

JUDGEMENT

(1.) This appeal by the insurer is directed against the judgment and award dated 23.02.2010 made by the M.A.C.T. D.K. Mangalore allowing the claimant's M.V.C.No.1399/2006, whereby a compensation of Rs. 3,88,500/- has been awarded with interest at the rate of 6% p.a.

(2.) The brief facts of the case are that:

(3.) The learned counsel for the appellant Shri Krishna Swamy, firstly, contends that the 'Doctrine of Res Judicata' applies to various stages of very same litigation and therefore the order dated 009.2009 mentioned above, whether we call it interlocutory or otherwise, would attract the doctrine more particularly when it has attained finality, there being no further challenge thereto. In support of his contention he banks upon the decision of the Apex Court in the case of Y.B.PATIL vs. Y.L.PATIL, (1976) 4 SCC 66.