AZAM ANWAR Vs. HARRIHAR GUNAJI SHETGAONKAR

JUDGEMENT

(1.) Heard Mr. Pereira, learned counsel for the Appellant, Mr. Raunak Kantak along with Mr. A. R. Kantak, learned counsel for Respondent Nos.1 and 2, and Mr. P. Shirodkar learned counsel for Respondent No.3.

(2.) This appeal is directed against the judgment and award dated 29. 09.2015 made by the Motor Accident Claims Tribunal, Panaji (Tribunal) dismissing the claim of the Appellant - claimant on the ground that the Appellant had failed to prove that the accident in which he suffered injuries was caused on account of rash and negligent driving of the bus by the driver of the Kadamba State Transport Corporation - Respondent No.2.

(3.) Mr. Pereira learned counsel for the Appellant submits that the sketch attached to the panchanama on which the Tribunal has placed reliance does not depict the correct position of what may have transpired at the site. He submits that the sketch seems to suggest that the appellant's motorcycle dashed the bus at the spot just beyond the front wheel. He submits that this is quite inconceivable and impossible. He submits that the evidence on record does suggest rashness and negligence on the part of the driver of the bus. He submits that in any case since the bus is a bigger and heavier vehicle the duty of care upon its driver was much greater than that of the Appellant. He submits that the Appellant was prosecuted for rash and negligent driving but the prosecuted ended in acquittal and no sufficient credence was given to this by the Tribunal. He submits that even the compensation determined by the Tribunal is on a conservative basis and the same deserves to be enhanced. For all these reasons, Mr. Pereira submits that the impugned award may be set aside and the Appellant's claim petition be allowed.