ORIENTAL INSURANCE CO LTD Vs. KANTILAL GANDABHAI CHANIYARA

JUDGEMENT

(1.) Para 1 XXX XXX XXX

(2.) The claimant was travelling in Matador bearing No. GJ -10 -7647 and when the said Matador reached near petrol pump at village Fala, one luxury bus came from the opposite direction. The driver of the Matador took a sudden and sharp turn as a result of which the claimant who seated in the Matador was thrown out and he sustained severe injuries. The claimant therefore, filed the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.

(3.) Learned Advocate appearing for the appellant contended that Savitaben Chaniyara who is the mother of the claimant stated on oath at Exh. 6 that when the matador reached near petrol pump of village Fala on public road, without any reason the driver of the matador negotiated the turn and because of which the claimant who was sitting in the matador was thrown out from the matador and received fracture in the head.