NEHA Vs. S.D.ROCKY

JUDGEMENT

(1.) Heard Ms. R. Banaulikar learned Counsel appearing for the appellants. Though the respondents are served, there is no appearance on their behalf.

(2.) Challenge in this appeal is to the judgment and award dtd. 17/9/2014 made in Claim Petition No.43/2010 by the Motor Accident Claims Tribunal (Tribunal).

(3.) The Claim Petition No.43/2010 was instituted by the widow (aged 27 years) and her two minor sons, Harsh (aged 4 years old) and Khushal (aged 2 years old) claiming compensation on account of the death of their husband/father, Nilesh Arlekar, in a vehicular accident that took place on 19/4/2010 at Calangute, Goa. The Tribunal has rejected the claim and declined to award any compensation to the claimants on the specious plea that the claimants failed to prove the involvement of the Activa motorcycle bearing no.GA-03-T-0188 and its driver Mr. S.D. Rocky Shingni (respondent no.1) in the accident. The Tribunal also did not bother to answer all the issues that had been framed in the petition, including the issue of the quantum of compensation, by simply observing that such an issue "does not arise".