GASTON TOMICA DSILVA Vs. NOEL PINTO

JUDGEMENT

(1.) Heard Mr. D. Vernekar, learned Advocate for the Appellant, Mr. U.R. Timble with Mr. Viraj Timble, learned Advocates for the respondent No.1 and Mr. M.S. Joshi, learned Advocate for the respondent No.2.

(2.) Present appeal is filed by the appellant being aggrieved by the Judgment and Award in Claim Petition No.314 of 2006 dtd. 30/11/2009. The appeal is filed for quashing and setting aside the judgment of the Claim's Tribunal and for the enhancement of compensation.

(3.) The Claimant's claim through his Guardian before the Claim Tribunal was as under : On 14/5/2006, at about 7.40p.m, the claimant 3alongwith his brother Shri Grayson D'Silva was coming to Margao from Navelim on Scooty bearing No.GA-02-N-2284, which was driven by said Shri Grayson and on which the claimant was pillion rider. The minibus bearing No.GA-02- T-4043, driven by the respondent No.1 in a rash and negligent manner, came from the opposite direction at a reckless speed and in the process of overtaking, dashed the Scooty, causing injuries to the claimant as well as brother. This accident occurred opposite Gomati Building at Navelim on the National Highway. The claimant and his brother were first brought to Hospicio Hospital and were then taken to Goa Medical College at Bambolim and the claimant remained in Goa Medical College for about fifty days and above and the right leg of the claimant was badly broken and the doctors could not rectify it by operation and hence the same was amputated. The claimant has stated that he was 14 years old student at the time of accident and is totally disabled person with full life ahead of him. The claimant has lost all his prospects in life and is also a dependent person and his education and right of lawful earning is totally jeopardized, the said minibus belonged to 4the respondent No.2 and was insured with the respondent No.3 under Policy No.60200/31/05/630003100 valid from 04/10/2005 to 10/07/2006.