MERLIN BETU Vs. VIKAS KURTIKAR

JUDGEMENT

(1.) Heard Mr. Lobo, learned Counsel for the appellants and Mr. E. Afonso, learned Counsel for the respondent no.3.

(2.) The present appeal is filed by injured claimant being aggrieved by the judgment and award dated 04.06.2011 in Claim Petition No. 59 of 2009 passed by the Claim Tribunal, North Goa, Panaji.

(3.) The claim of the claimants before Claims Tribunal was as under : The claimants are the widow and minor children of the 3deceased Xavier. At the time of accident, he was 30 years old. He was in service with Supreme Food Service Spinnereistrasse 2,8866 Ziegelbrucke, Switzerland at Afghanistan. He was receiving monthly salary of 550 US Dollars. On 23.05.2009, he was riding the scooter bearing no. GA-08/H 0462, with a pillion rider and proceeding from Goa Velha to Verna. On reaching near Corteg Garage, Agacaim at 17.20 hours, the Mahindra Jeep bearing registration no. GA-01-T-6254 driven by the respondent no.1 at a high speed in a rash and negligent manner by going through its wrong side, gave a dash to his scooter. The claimant claimed amount of compensation to the tune of 20,00,000/- from the respondents. The respondent nos. 1 and 2 have not contested the claim and respondent no.3-Insurance company, contested the claim.