NERVIN LOURDES MIRANDA Vs. MAHESH D NAIK

JUDGEMENT

(1.) The appellants, who are the claimants in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 ( for short, hereinafter, referred to as "the said Act"), have preferred this first appeal for challenging the Judgment and Award dated 23rd January, 2007 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal for the Taluka of Salcete at Margao. By the impugned Judgment and Award, the claim petition was dismissed by the learned Presiding Officer.

(2.) The compensation has been claimed by the appellants on account of death of their daughter Miss Veena in a motor accident on 1st August, 2002. The case made out by the appellants is that their daughter was a qualified Civil Engineer holding a Degree in Civil Engineering and she was employed on a monthly salary of Rs.6,000/-.

(3.) The case made out by the appellants is that the deceased Veena was proceeding from Margao to Majorda by her scooter. At that time a mini bus, owned and driven by the first respondent, came from the side of Seraulim in a fast speed. The case made out in the claim application is that the first respondent was driving the vehicle in a rash and negligent manner and he was proceeding from the middle of the road. The allegation is that the bus driven by the first respondent gave a dash to the scooter plied by the deceased. The case is that as a result of the dash, the deceased lost control over the scooter, resultantly her head banged against the rear side mudguard, due to which the deceased sustained injury to the head. The deceased died on the spot.