NATIONAL INSURANCE CO. LTD. Vs. GAURI GURUDAS GAONKAR

JUDGEMENT

(1.) Heard Mr. Timble, the learned Counsel for the Appellant-Insurance Company.

(2.) The Appellant-Insurance appeals the judgment and award dtd. 30/9/2015 in Claim Petition No.107/2014, by which the Motor Accident Claims Tribunal, Mapusa (Tribunal) has awarded the widow and two minor children of late Gurudas Gaonkar additional compensation of Rs.51,83,440.00, with 9% interest per annum.

(3.) Mr. Timble submits that in this case, there is no cogent evidence to sustain the findings of rashness and negligence on the part of the driver of the offending WagonR car (insured vehicle). He submits that the evidence shows that a goat came running on the road unexpectedly and this was the cause for the accident. He submits that in the absence of any negligence on the part of the driver of the insured vehicle, no liability can be imposed, inter alia, on the Insurance Company.