NATIONAL INSURANCE CO LTD Vs. BRUNO BALTAZAR SALDANHA

JUDGEMENT

(1.) Both the above appeals were taken up for final hearing and were disposed of together as the claim petitions are in respect of the same accident.

(2.) Facts in First Appeal No.228 of 2005 The above claim petition has been filed under Section 163A of the Motor Vehicles Act, hereinafter referred to as the said Act . Initially, the application was filed under Section 166 of the said Act claiming compensation of Rs.4 lacs from the owner and the insurer, who is the respondent no.5 and the appellant herein on the ground that the vehicle driven by the original respondent no.1 was driven in a rash and negligent manner which resulted in the death of Maria Elsa, who was aged 58 years and was the wife of the respondent no.1 herein and was working and earning Rs.4,000/- per month. It is further their case that she was traveling in a Fiat car towards Panaji from Mapusa which gave a dash by the bus owned by respondent no.5 and driven by the original respondent no.1 Ritesh R. Satardekar and died instantaneously on the spot. The said bus was insured with the appellant on the date of the accident and, as such, the claimants sought compensation from the appellant as well as the owner and the driver of the said bus.

(3.) The respondent no.5 and the driver opposed the said Claim Petition in its totality and contended that the said Fiat vehicle which was proceeding from Mapusa towards Panaji left its half of the road and dashed against the bus which was proceeding from Panaji towards Mapusa. The appellant also filed written statement disputing the claim of the claimants/respondents nos.1 to 3. The said petition was subsequently amended and the same was prayed to be considered as one under Section 163-A of the said Act by restricting the claim to Rs.2,17,400/-.