SHRIRAM GENERAL INSURANCE Vs. YAMANAPPA IRAPPA MADAR

JUDGEMENT

(1.) THIS appeal is by the insurer of the goods vehicle bearing registration No. KA -24/1633 belonging to the 2nd respondent herein.

(2.) ON 20.03.2010, when the claimant was going in the aforementioned goods vehicle from Bidargaddi to Belgaum Market with Maize bags, the vehicle turned turtle by the side of the road, since the driver lost control of the vehicle. Due to the impact, the claimant sustained multiple grievous injuries.

(3.) THE Tribunal in paragraph No. 29 of the Judgment has taken a strange stand ignoring the admissions made by the claimant. The Tribunal has wrongly concluded that the insurance company has not denied that the claimant was proceeding with Maize bags in the goods vehicle. But, as a matter of fact, in the cross -examination, the claimant has deposed thus: