YESSU MAHADEV NAIK Vs. SANTOLIN MORIES FRANCISC MORIES

JUDGEMENT

(1.) HEARD.

(2.) THIS appeal is directed against judgment dated 20/01/2005 of the learned MACT, Margao by which the claim petition filed by the parents and sister of deceased Ashok Y. Naik, to recover compensation, upon his death, has been dismissed.

(3.) THE criminal case filed against both the drivers (respondents nos.1 & 4 in the claim petition) is stated to be still pending. In support of the claim petition the claimant examined two witnesses namely AW2/Raghu Ratnam and AW4/Barkelo Tilu Gaonkar whose evidence has been discarded by the learned MACT as unreliable on the ground that each of them had deposed contrary to each other. AW2/ Raghu Ratnam was in fact a panch witness who turned to be an eye witness in the claim petition. The learned MACT has also observed that it is probable that both of them reached after the accident.