BHIMSEN TANAJI GAWADE Vs. GOVT. OF GOA

JUDGEMENT

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

(2.) The Appellants - Parents of 21 years old Suraj Gawade appeal the judgment and award dtd. 31/10/2018 by which the Motor Accident Claims Tribunal at Mapusa dismissed their Claim Petition No.51/2015 because they were allegedly unable to prove that the accident in which Suraj died on the spot, was due to rash and negligent driving of the driver of water tender of the Government Fire Services Department at Ponda. The Tribunal determined the compensation payable to the claimants at ?12,25,000/- but declined to award the same for want of proof of rashness and negligence.

(3.) Suraj was a student of B.E. Mechanical Engineering at the time of this accident on 21/5/2014. At about 6.00 p.m., he was riding his scooter (Activa) from Ponda to Panaji when a water tender of the Government Fire Services Department, Ponda, tried to take a turn and enter the Fire Station knocked him down, killing him on the spot.