LAWS(BOM)-2022-12-241

VIDYA VELIP Vs. GURU GAONKAR

Decided On December 08, 2022
Vidya Velip Appellant
V/S
Guru Gaonkar Respondents

JUDGEMENT

(1.) Heard Mr.Lopes who appears along with Ms. G. Borkar for the Appellants/Claimants and Ms C. Afonso, learned counsel for Respondent No.2 -Insurance Company.

(2.) The Appellants/Claimants challenge the judgment and award dtd. 25/8/2021 dismissing their Claim Petition No.53/2017, seeking compensation for the death of Videsh Velip in a vehicular accident that took place on 17/2/2017. Videsh was Vidya's (Appellant No.1) husband and Parvati's (Appellant No.2) son.

(3.) The Tribunal has dismissed the claim petition by recording a finding that the claimants failed to prove that the vehicular accident occurred due to rashness and negligence on the part of Respondent No.1-owner/driver of minibus bearing registration No. GA-09-U-3385. After recording this finding, the Tribunal did not bother to record any finding on the second issue about the quantum of compensation. In doing so, the Tribunal acted in breach of the ruling of the Hon'ble Supreme Court, requiring the Courts and Tribunals to avoid shortcuts and decide all issues that fall for their determination.