NEW INDIA ASSURANCE COMPANY LIMITED Vs. MARIA SANTANA FERNANDES, W/O LATE MR. PEDRO ALCANTARA ROLAND: XAVIER FERNANDES

JUDGEMENT

(1.) The learned Counsel for the parties agree that all these appeals can be disposed of by a common judgment and order because the claim petitions from which these Appeals arise were instituted on account of the vehicular accident dtd. 19/3/2013, when the bus in which the victims were travelling, plunged from Jagbudi bridge into the river, resulting in the death of several persons and injuries to several others.

(2.) In First Appeal No.45/2017, the Motor Accident Claims Tribunal, South Goa, at Margao (Tribunal), by its Judgment and Award dtd. 9/9/2016, made in Clam Petition No.138/2013, awarded the Claimants compensation of Rs.2,13,03,000.00 with interest at the rate of 9% per annum from the date of claim petition till payment, for the death of their son/husband -Reagon Jose Fernandes (Reagon). At the time of the accident, Reagon was employed as a Third Engineer on a sea-faring vessel, drawing a salary of US$ 4320 per month. There is evidence that Reagon used to work for five months a year.

(3.) In First Appeal No.41/2017, the Tribunal, by its Judgment and Award dtd. 9/9/2016, made in Clam Petition No.137/2013, awarded the Claimants compensation of Rs.1,76,48,000.00 with interest at the rate of 9% per annum from the date of claim petition till payment, for the death of their son/brother -Bento Custodio Dias (Bento). At the time of the accident, Bento was employed as a Third Engineer on a sea-faring vessel, earning a salary of US$ 3840 per month. There is evidence on record that Bento used to work for six months a year.