UNITED INDIA INSURANCE CO LTD Vs. FILOMENA FERNANDES

JUDGEMENT

(1.) THE above appeal challenges the judgment and award passed by the Motor Accident Claims Tribunal in Claim Petition No.12/2002 dated 22/09/2005.

(2.) THE Claim Petition came to be filed by the respondents nos.1 to 3 on the ground that Succoro Rodrigues, since deceased was a welder by occupation and was employed with Lairai Devi Workshop at Assonora on a monthly salary of Rs.2,500/-. It was further their contention that he was proceeding towards Mapsua on his scooter bearing no.GDD 9592, on the left side of the road and on reaching near the football ground at Tivim, respondent no.4 who was riding the motorcycle bearing registration no.GA-01-L-1052 came from the opposite direction in a fast speed and dashed against the scooter of the said Succoro and as a result of that he sustained injuries on his head which resulted in his death. The motorcycle was owned by the respondent no.5 and driven by the respondent no.4. It is further their case that respondent no.1 is the sister of the said deceased, while respondents nos.2 & 3 are his nephews and that the husband of respondent no.1 was bed ridden on account of paralysis since the year 1992 and he had expired in February, 2001 and that the respondents nos.1 to 3 were solely dependent on said Sucoro and, accordingly, filed the said Claim Petition.

(3.) THE respondents Nos.1 to 3 after being duly served have filed cross-objection and claimed that the interest awarded at the rate of 7.5% per annum was erroneous and that according to them the interest should have been awarded at the rate of 12% per annum.