NATIONAL INSURANCE CO. LTD., NITHYANANDA COMPLEX, MAIN ROAD, MOODBIDRI, APPELLAND IS REPRESENTED BY THE MANAGER, BANGALORE REGIONAL OFFICE, SUBHARAM COMPLEX, 144, MAHATMA GANDHI ROAD, BANGALORE - 560001 Vs. SRI ABDUL KHADER, S/O LATE HAMMABBA@RE

JUDGEMENT

(1.) THIS appeal is by he insurer of the offending vehicle challenging the judgment and award made by the Tribunal on the ground of liability. R 1 and R 2 who are the owner and claimant though were served with the notice of this appeal remained unrepresented and have not chosen to contest the appeal. Hence, I have heard the learned Counsel appearing for the appellant -insurer and perused the judgment and award of the Tribunal.

(2.) FOR the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

(3.) MS . Deepa, for M/s Lexplexus learned counsel appearing for the appellant submits that the claimant in his complaint lodged to Police, has stated that on 11.07.2002 at about 6.00 a.m. when he boarded the offending tempo at Padringi in order to go to Central Market, Mangalore to purchase vegetables and when it reached Malali cross near Ganjimata a cow suddenly came across the road and therefore the driver of the offending tempo applied sudden break and as a result, the vehicle was capsized and due to the impact he sustained injuries and he has not stated anything about hiring of the said vehicle as contended by him in para 22 of the claim petition. Therefore, she submits the Tribunal is not justified in fastening the liability against; the appellant -insurer by directing them to pay compensation awarded by it to the claimant.