LAWS(KAR)-2014-8-17

KHANDESHWAR REDDY Vs. RAJA CHRISTIAN

Decided On August 20, 2014
Khandeshwar Reddy Appellant
V/S
Raja Christian Respondents

JUDGEMENT

(1.) AGGRIEVED by the judgment and award of the Tribunal, the claimant has filed this appeal, seeking enhancement and questioning the liability hoisted on the owner to satisfy the claim.

(2.) THE case of the appellant/claimant is that on 28.09.2006, he was travelling in a jeep bearing No. CRJ 1229 from Gillasugur to Mudaldinni. At about 9.00 p.m., due to the rash and negligent driving of the driver of the vehicle, it turned turtle. The claimant who was in the jeep sustained injuries. He was treated in the hospital.

(3.) LEARNED counsel for the appellant contends that in terms of the insurance policy -Ex. R1, the risk of passengers travelling in the vehicle is covered. The same is eminent from the General Exceptions called out in the said policy which specific reference to clause 4, which reads as follows: