LAWS(KAR)-2005-2-28

BASAVARAJ YELLAPPA PUNDI Vs. NATIONAL INSURANCE CO LTD

Decided On February 11, 2005
BASAVARAJ YELLAPPA PUNDI Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED, BELGAUM Respondents

JUDGEMENT

(1.) THE appellant before this Court is the defendant before the Trial court. The respondents are the plaintiffs 1 and 2 before the Trial Court.

(2.) THE brief facts that led to the filing of the present appeal is as under:

(3.) THE second plaintiff is the consignor and insured so far as the goods are concerned. Plaintiff 2 entrusted the said goods to the appellant-defendant who is no other than owner of the truck bearing No. CNB 6678 and is dealing in Transport Carrier Business at Bailahongal. The goods were consigned to the carrier on 10-1-1993 for taking the same to the destination so as to reach M/s. Ghanshyamdas Boob at raichur. The said truck carrying the above mentioned cotton goods caught fire near Chikkerur Village, Kowtal Taluk, Raichur District on lingasugar-Raichur road on 11-1-1993 at about 1. 30 a. m. As a result the entire cotton goods described above was burnt in the said fire.