PICK UP CARRIERS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) By this common judgment, I shall dispose of both these appeal, since they involve a common question of law. RFA No.574/2004 is directed against the judgment and decree dated 16.07.2004, whereby a decree for recovery of Rs.4,54,043/- with costs and pendent-lite at future interest @ 12% per annum was passed against the appellant. RFA No.72/2006 is directed against the judgment and decree dated 14.11.2005 whereby a decree of Rs.5,53,323/- with interest @ 12% per annum with effect from 01.04.1997 till the date of filing of the suit, and interest @ 6% per annum from the date of the suit till the date of the decree and future interest @ 6% per annum from the date of decree till the realization was passed against the appellant and in favour of respondent No.1 National Insurance Company Ltd. 2. The facts giving rise to filing of RFA No.574/2004 can be summarized as under:-

(2.) The facts giving rise to filing of RFA No.72/2006 can be summarized as under:-

(3.) On pleadings of the parties, the following issues are framed in the suit subject matter of RFA No.574/2004:-