ANANT SAHADEV PARSEKAR Vs. HANUMANT NAIK

JUDGEMENT

(1.) By this appeal, the appellant/claimant takes exception to the judgment and award dated 18/11/2002 passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition no.248 of 1996, dismissing the claim petition on the ground that the claimant had not proved that the accident occurred due to rashness and negligent driving of respondent no.l.

(2.) Briefly, the facts relevant to the filing of the present appeal are as under:

(3.) The respondents resisted the claim. According to respondent no.l, the claimant had fabricated a story that the vehicle driven by respondent no.l dashed against his bicycle when factually he lost control due to the load since he was carrying a big sack kept on the carrier of the cycle. On the basis of the pleadings of the parties following issues were framed: