LAXMI CHOLU PEREIRA Vs. NILESH FALKAR

JUDGEMENT

(1.) Heard Mr. Marshal for the appellant and Mr. Fonseca for respondent no.3.

(2.) The challenge in this appeal is to the Judgment and Award dtd. 16/10/2017 made by the Motor Accident Claims Tribunal, North Goa (Tribunal) in Claim Petition No.34/2016, awarding the claimant compensation of only Rs.1,00,000.00 without interest for damages sustained by him to his house/shop due to the offending truck ramming into the structure on 14/9/2015.

(3.) Mr. Marshal, the learned counsel for the claimant, submits that compensation of at least Rs.3,00,000.00 should have been awarded in this case. He offers that the contractor AW3 had only submitted an estimate of Rs.1,74,110.00. Considering the damages to the roof, an amount of at least Rs.50,000.00 to Rs.60,000.00 should have been added to this estimate of Rs.1,74,110.00. He submits that there was evidence about damage to goods to the extent of at least Rs.1,00,000.00. He points out that the claimant has certain visual disabilities and due to the damage to his house/shop, the claimant suffered immensely. He therefore submits that the awarded amount be enhanced to Rs.3,00,000.00 with interest and costs.