LAWS(BOM)-2022-4-359

BENIDITA JOSE OLIEVEIRO, Vs. NAVEN COSTANCIO CARDOZO,

Decided On April 08, 2022
Benidita Jose Olieveiro, Appellant
V/S
Naven Costancio Cardozo, Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The widow of Jose Oliveiro, who died in a motor accident that took place on 5/11/2013, appeals the judgment and award dtd. 6/1/2017 made by the Motor Accident Claims Tribunal (Tribunal) dismissing her Claim Petition No.140/2015 on the ground that she failed to prove that the accident took place on account of rash and negligent driving of Innova car bearing registration No. GA-08-F4285 by Naven Cardozo (respondent No.1).

(3.) The Tribunal, having concluded that the issue of rashness and negligence was not proved by the Appellant, did not even bother to decide the issue of quantum of compensation. This is not the proper approach to be adopted by the Tribunal dealing with the claim petitions.