NATIONAL INSURANCE COMPANY LTD Vs. SYLVIA GIRKAR ALIAS

JUDGEMENT

(1.) THE above appeal challenges the Judgment and Award passed in Claim Petition No.10 of 2003 dated 2-5-2005.

(2.) A claim petition was filed by the respondent Nos.1 to 4 under Section 166 of the Motor Vehicles Act, 1988 on the ground that her husband Patrick, since deceased, was 37 years old having a tailoring shop with two workers from which he was earning Rs.5000/- to Rs.6000/- per month. It is further their contention that on 2-10-2002 while he was returning from Morjem to Satarda the accident took place at Kurbanwaddo in Chopdem at about 13.45 hours involving a mini bus bearing No.GA-01-Z-9119. The deceased who was riding the motorcycle expired on account of the said accident, and consequently the said petition was filed claiming for a compensation to the tune of Rs.5,00,000/-. The respondent Nos.5 and 6 opposed the said petition on the ground that the deceased was driving his vehicle in a rash and negligent manner and was himself responsible for the accident. It is further their case that he was at a high speed due to which he could not control the vehicle and dashed against their vehicle which was coming on the wrong direction. The appellant also filed the written statement disputing the claim of the respondent Nos.1 to 4 and claimed that their liability, if any, was governed under the terms and conditions of the Policy. It was further their case that the accident took place on account of the negligence of the deceased. The learned Tribunal framed the issues and after recording of the evidence came to the conclusion that the death of the deceased Patrick Girkar was caused on account of vehicular accident on 2-10-2002 in which the mini bus was involved. The learned Tribunal further held that the respondent No.5 was also driving the vehicle in a rash and negligent manner and the accident was caused on account of composite negligence on the part of the deceased. Accordingly, the Tribunal awarded a sum of Rs.5,43,000/- by way of compensation.

(3.) IN support of their claim for compensation, the respondent Nos.1 to 4 examined the widow of the deceased. She has stated that her late husband was 37 years old and had a tailoring shop and was earning a sum of Rs.5000/- to Rs.6000/- per month. She has further stated that the right leg of her husband broke at the calf between the knee and the foot, left bone broke, blood vessels and nerves were cut. She has further stated that she from the marriage had three minor children, one aged 11 years old and the other 10 years old and the third one 8 years old. In the cross-examination, she has admitted that her husband was not filing any income tax returns and she had no documents to show that her late husband was earning Rs.5000/- to Rs.6000/-. She also admitted that she had not seen the accident. As directed by the Tribunal the birth certificate of the deceased was also produced at Exh.35.