ANDREW FERNANDES Vs. PANDURANG DATTA CHODANKAR

JUDGEMENT

(1.) The above First Appeal challenges the Judgment and Tribunal, Panaji Goa, dated 30.4.2001 by which the Claim Petition filed by the Appellant abovenamed came to be dismissed.

(2.) The Appellant is the original claimant in Claim Petition No. 151/95. The parties would be referred to as per their status in the Tribunal.

(3.) It is the case of the claimant that on 5.2.1995 at about 19.00 hours the claimant was driving his Taxi bearing registration No. GA-01 V. 0679 and was travelling from Porvorim to Merces. It is further his case that as he approached the Mandovi bridge, a Kadamba bus driven by the Respondent No. 1 was coming in a very high speed in the opposite direction and in a rash and negligent manner and suddenly came in the direction of the vehicle driven by the claimant and dashed against the vehicle of the claimant. On account of the said accident, the claimant suffered serious head injuries and body injuries. On account of the said injuries, the claimant had to undergo eight surgeries. The claimant was further informed that he would have to undergo more surgeries in future. The claimant was hospitalised in G.M.C., at Bambolim, from 5.2.1995 to 23.3.1995 and from 4.4.1995 till the date of the presentation of the Petition in the Tribunal. The claimant claimed an amount of Rs. 16,800/- on account of food and travelling expenses and had to incur further expenditure of Rs. 100/- per day on an average for the period of hospitalisation of the claimant. The claimant also claimed an amount of Rs. 20,000/- for medicines and was expected to spend about Rs. 25,000/- more. The claimant on account of the said various heads sought total compensation of Rs. 6,50,000/- in the said Claim Petition.