FRANCIS CRUZINHO PINTO Vs. MOZES ANTHONY D SILVA

JUDGEMENT

(1.) This Appeal is filed by the claimant, in Claim Petition no. 8 of 2004, against the judgment and award dated 31/07/2006, passed by the learned Presiding Officer of the Motor Accidents Claims Tribunal, North Goa (Tribunal), in the said case.

(2.) On 03/04/2002 at 11.40 p.m. at Bambolim near Military Camp, an accident had taken place. The case of the claimant was that he was proceeding from Siridao to Bambolim, as pillion rider, on a motor cycle bearing No. GA-01-Y-8619, which was driven by Savio Afonso. A Mahindra Jeep bearing no. MH-07-3557 driven by the respondent no. 2 came from opposite direction. According to the claimant, it came at a fast speed and entered "No Entry" lane and dashed against the motor cycle, due to which the rider of the motor cycle died on the spot whereas the claimant sustained grievous injuries resulting in permanent disablement.

(3.) The evidence of CW 5, Dr. Francis Akkara, read with the permanent disability certificate, which is at Exhibit 42 duly establishes that the claimant had paresthesia (numbness) of left lower orbital area and fourth tooth on the left upper side was missing. There was fracture to the upper second tooth. CW 5 had assessed the permanent disablement at 22.5%.