DINESH DIVSEKAR Vs. DINKAR A. MATAWANKAR

JUDGEMENT

(1.) Heard Mr. Jatin Ramaiya, who appears along with Ms. M. Viegas for the appellant. Respondents, though served, are neither present nor represented.

(2.) The challenge in this appeal is to the judgment and award dtd. 17/9/2016 in Claim Petition No.110/2012 made by the Motor Accident Claims Tribunal (Tribunal) dismissing the petitioner's Claim Petition seeking compensation of Rs.5,64,350.00 on the ground that the appellant had failed to establish rashness and negligence on the part of respondent no.1 - the driver of the bus bearing no.GA-01-T-7539 which dashed against the appellant's Eterno scooter bearing no.GA-03-B-4547 on 14/11/2011 when the appellant was traveling from Bicholim to Akhada.

(3.) By the impugned award, the Tribunal has determined the compensation payable to the appellant at Rs.4,40,000.00but held that the appellant failed to establish the rashness and negligence of the driver of the bus and, therefore, the appellant is not entitled to any compensation at all. The Tribunal has also held that the appellant failed to establish any permanent disablement because no doctor was examined in support of the disability certificate produced on record.