RESHMA RAMESH GOVEKAR Vs. ABDUL N. HANSIMARAD

JUDGEMENT

(1.) THE claimants, being not satisfied with the quantum of compensation awarded by the II Additional MACT, Karwar by its impugned judgment and award dated 03.04.2010 in M.V.C. No.190/2008, filed this appeal seeking for enhancement of compensation and also fixing contributory negligence to an extent of 50%.

(2.) THE case of the claimants is that the husband of the first appellant and father of appellant Nos.2 and 3, one Ramesh Nagesh Govekar, who was working as an Assistant Guard of Excise Department at Goa was proceeding in his motorcycle bearing registration No.GA -03/D -2412 from Guler to Xelpem on 19.02.2008 at about 07.00 p.m. At that time the rider of the motorcycle bearing registration No.GA -03/D -3421 came in a rash and negligent manner in the opposite direction from Xelpem to Guler and dashed against the motorcycle, which the deceased was riding. Due to the accident Ramesh Nagesh Govekar sustained fatal injuries and he was shifted to the Goa Medical Hospital, where he died. At the time of death, he was aged 57 years and 9 months. He was the sole bread earner of the family. Hence claimants sought for compensation of Rs.15,00,000/ - from the insurer of the offending vehicle.

(3.) IN order to prove their case, the first claimant got examined herself as P.W.1 and got marked documents as Ex.P.1 to Ex.P.8. On behalf of the respondents nobody has been examined. However, a copy of the insurance policy is marked as Ex.R.1.