NEW INDIA ASSURANCE CO LTD Vs. KADARAJA

JUDGEMENT

(1.) IN this appeal filed by Insurance Company, the only question for determination is:-

(2.) I have heard Sri M.Narayanappa, learned counsel for Insurance Company and Sri Girish B.Baladare, learned counsel for claimant and I have been taken through impugned judgment and evidence.

(3.) THE accident took place at 10.45 p.m., on 19.07.2005 near Darikongale Village, Mallipattana, on Arakalgud Road. It looks rather improbable that claimant was travelling as an unauthorised passenger at 10.45 p.m. Therefore, contention of claimant that he was travelling as a loader appears probable.