SHAIKH AHMED SAAB Vs. AGUSTA DIAS

JUDGEMENT

(1.) Heard Mr. C.A. Coutinho, learned counsel for the appellant The respondent though served neither present nor represented.

(2.) This appeal is directed against the judgment and award dtd. 2/1/2013 made by the Motor Accident Claims Tribunal, Margao, in Claim Petition No. 45 of 2010 awarding the respondent/claimant compensation of Rs.6,03,500.00 with interest at the rate of 9% per annum from the date of the application till the date of award and further interest at the same rate in case the said amount is not paid within a month from the date of the award.

(3.) Mr. Coutinho submitted that in this case the driver of the offending vehicle was acquitted in the criminal proceedings initiated against him and therefore, the rashness and negligence on the part of the driver cannot be said to have been proved. He submits that in the absence of any rashness and negligence on the part of the driver of the offending vehicle, no compensation should have been awarded.