MARY FERNANDES Vs. ROQUE OLAVO SOARES

JUDGEMENT

(1.) The advocate for the appellant has withdrawn his appearance. The Registrar sent notice to the appellant before leave was granted to the advocate to withdraw his appearance. The appellant is, however, not present in the Court today.

(2.) This appeal is directed against the judgment and award dtd. 4/10/2016 in Claim Petition No.60/2011, by which the Motor Accident Claims Tribunal (Tribunal) determined that the appellant was entitled to compensation of Rs.48,000.00 provided she was to establish that the accident was due to the rashness and negligence of the Mahindra Jeep driver (respondent no.1 herein). However, the Tribunal held that the appellant did not prove such rashness and negligence and dismissed the claim petition. Hence this appeal.

(3.) In this appeal, therefore, three issues arise for determination:-