NEW INDIA ASSURANCE CO LTD Vs. BRIJMATI

JUDGEMENT

(1.) As above two appeals arise out of award dtd. 31/1/2013 passed by the learned 1st Additional Motor Accident Claims Tribunal, Ambikapur (for short 'the Claims Tribunal') in Claim Case No.89/11, they are being disposed off by this common order.

(2.) Appellant Insurance Company has filed MAC No.467 of 2013 seeking setting aside of direction of pay and recover issued by Claims Tribunal on the ground that the same is bad in law in view of judgment dtd. 13/9/2011 passed by this Court in MAC No.1453/2009.

(3.) Appellant-Owner of offending vehicle has filed MAC No.793/13 challenging exoneration of insurance company from its liability on the ground that there was no violation of any of the conditions of insurance policy. Appellant has also challenged quantum part of the impugned judgment.