DISHA D.NAIK Vs. VISHWAJEET R.TARI

JUDGEMENT

(1.) Heard Mr. Vernekar for the appellant and Mr. Timble for the Respondent No.3-Insurance Company.

(2.) The challenge in this appeal is to the Judgement and Award dated 26.08.2014 by which the Motor Accident Claims Tribunal (Tribunal) dismissed a claim for compensation filed by the appellant-widow on the ground that she was unable to prove that the accident in which her husband died was on account of rashness and negligence on the part of the driver of minibus bearing registration no.GA-01-W-4123.

(3.) Mr. Vernekar, learned counsel for the appellant submits that the finding recorded by the Tribunal about the absence of rashness and negligence on the part of the driver of the minibus is contrary to the evidence on record and warrants interference. He submits that a false defence was taken by the respondents that the minibus was stationary and further, this defence, was never made good by any of the respondents. He submits that from the sketch annexed to the panchanama no proper inferences were drawn by the Tribunal. Without prejudice, he submits that at the highest this could have been considered as a case of contributory negligence with the appellant's deceased husband contributing to the extent of 50%.