NARAYAN KALANGUTKAR Vs. SHABIR YASIN MIRBAN

JUDGEMENT

(1.) BY this appeal, the appellants (hereinafter referred to as "the claimants") take exception to the Judgment and Award dated 13.12.2001 passed by the Motor Accident Claims Tribunal, Mapusa, in Claim Petition No. 1/1996 by which Tribunal has dismissed the claim petition filed by the appellants seeking compensation of Rs.8,00,000.00 (Rupees Eight lakhs only) for the death of their son Jayesh Kalangutkar in a vehicular accident which occurred on 18.9.1996 between 4.30 p.m to 5.00 p.m on the highway at Peddem Mapusa Goa. The claimants are the parents of the deceased Jayesh who met with an accident on 18.9.1996 on the highway at Peddem, Mapusa while travelling in a tempo bearing no. GA01-V-2946 owned by respondent no. 4 and insured with respondent no.5. The deceased was travelling in the said tempo, which was coming towards Mapusa from Sanquelim. The rear end of the tempo dashed against the mirror on the driver side of the bus bearing No. GA-01-V-2756, driven by respondent no. 2 and owned by respondent no.1, insured with respondent no.3. On account of the said accident, serious injuries were caused to Jayesh, who succumbed to his injuries in the hospital on the next day. It was further the case of the claimants that deceased was student of DMC college of Commerce with brilliant academic career and he was doing carpentary work and earning Rs.3,000.00 per month.

(2.) RESPONDENT no.3 resisted the claim petition on the ground that bus was not insured with respondent no.3 and, as such, respondent no. 3 was not liable to pay any compensation. The claim Petition proceeded ex-parte against respondent nos. 1 and 2.

(3.) ON the basis of the pleadings of the parties the Tribunal framed following issue:-