LAWS(BOM)-2011-9-31

ANEEFA ALIAS HANIFA Vs. GOVIND NAIK

Decided On September 16, 2011
ANEEFA ALIAS HANIFA Appellant
V/S
GOVIND NAIK Respondents

JUDGEMENT

(1.) By this appeal, the appellant-claimant challenges the Judgment and Award dated 2nd April, 2002 passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No. 398/1995 filed by the appellant-claimant.

(2.) The appellant who was a pillion rider on the motorcycle bearing No.GA-02-C-3501 driven by one K.T. Mohammed, met with an accident on 26th May, 1995 at about 9.00 p.m. As they were proceeding from Vasco towards Zuarinagar, the motorcycle dashed against the truck bearing No.GDS-2581, coming from the opposite direction, driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3. The claimant filed Claim Petition No. 398/1995, claiming compensation of Rs.98,000 /- (Rupees ninety eight thousand only) which was contested by the respondents.

(3.) The Tribunal framed the following issues :