ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD Vs. SURESH

JUDGEMENT

(1.) M.F.A.No.24418/2012, M.F.A.No.24419/2012 M.F.A.No.24420/2012, MFA CROB.No.829 /2013 and MFA.CORB No.830/2013 have been filed against the judgment and awards dated 23.04.2012 passed in MVC.Nos.1755, 1757, 1754 of 2010 by the Principal Senior Civil Judge and Additional M.A.C.T. Belgaum (for short 'Tribunal')

(2.) The appeals have been filed by Royal Sundaram Alliance Insurance Company who is the insurer of vehicle bearing No.KA.28/A-8125 questioning the liability as well as the quantum of compensation awarded by the Tribunal. The cross objections have been filed by the respective claimants for enhancement of compensation awarded by the Tribunal.

(3.) There was another appeal in M.F.A.No.24417/2013 and MFA.CROB No.832/2013 against the judgment and award passed in MVC.No.1556/2010 on the file of the Principal Senior Civil Judge and MACT, Belagavi. That award was also arising out of the same accident. The very same insurance company had questioned the legality and correctness of the said award. The claimant had also filed cross objection seeking enhancement of compensation. The above said Miscellaneous First Appeal and Cross Objection have been dismissed by a Co-ordinate Bench of this Court by judgment dated 06.01.2014. In the said cases it was held that there was no contributory negligence and the award of compensation by the Tribunal was just and proper.