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 claim petition was contested by the respondents by filing written statement. THE basic contention raised by the respondents is that it was the deceased who was driving her scooter in a rash and negligent manner. THE case made out in the written statement is that the first respondent was driving the mini bus in a moderate speed. It is contended that two buffaloes suddenly crossed the road in front of the deceased. THE first buffalo crossed the road, but the second buffalo suddenly turned towards the deceased. It is the contention that the scooter was being driven in a very high speed. It is alleged that it was the scooter which gave a dash on the face of the buffalo and went on its wrong side and dashed against the rear portion of the mini bus. It is contended that as a result of the dash, the deceased fell on the ground.