MUKUND DATTARAM SHETYE Vs. SLAIGAPPAN ALAGAPPAN AND OTHERS

JUDGEMENT

(1.) THIS First Civil Appeal is filed against the decision dated 30.8.1978 passed by the Presiding Officer, Motor Accidents Claims Tribunal, Panaji, awarding Rs. 10,000/ - as compensation to the claimant with interest at the rate of 6% per annum from the date of filing of the petition till actual payment. The insurance company, Respondent No. 3, has been exonerated. The Appellant is the owner of a three wheeler (autorickshaw) that was involved in the accident while being driven by the Respondent No. 2. The Respondent No. 1 is the claimant.

(2.) IT appears that on 24th February, 1974, Eppa Swami, aged 23 years, the deceased son of the claimant, and A.W. 7, were proceeding from Chicalim to Vasco -da -Gama on the public road. They were walking on the left side of the road. Near Pednekar's garage at Vasco -da -Gama, an autorickshaw came from behind and knocked both of them. Both fell down unconscious. Both were taken to Chicalim Hospital where A.W. 7 regained his consciousness at about 12 O'clock. Eppa Swami was sent to Margao Hospital where he succumbed to his injuries, next day. The accident, it was alleged, took place as the Respondent No. 1 was driving the rickshaw No. MRS 379 in a rash and negligent manner. The deceased was earning a monthly income of Rs. 250/ - at the time of his death. On the aforesaid allegation the claimant claimed Rs. 60,000/ - as compensation.

(3.) THE written statement filed by the insurance company was to the effect that since the vehicle was driven by a person other than the driver who was not holding a driving licence to drive the said vehicle, there was no liability on their part to pay the compensation in terms of the policy and under Section 96(2) of the Motor Vehicles Act. It was further contended on their behalf that the accident took place due to rash and negligent driving of the vehicle by the Respondent No. 1.