SAYYED NADAF Vs. VISHNU KHODGINKAR

JUDGEMENT

(1.) Heard Ms. C. Afonso for the Appellant and Ms G. Borkar for respondent no.3 - Insurance Company.

(2.) The challenge in this appeal is to the judgment and award dtd. 30/7/2018 made by the Motor Accident Claims Tribunal (Tribunal) dismissing the Appellant's Claim Petition No.118/2015, mainly on the ground that it was the appellant-bus driver, who rashly and negligently drove minibus bearing registration no.GA-01-T-5930, thereby causing an accident with a tanker bearing registration no.GA-01-U-3536.

(3.) Ms. Afonso submits that the Appellant's conviction entirely influenced the Tribunal in Sessions Case No.54/2014, by which he was convicted for offences under Ss. 304 (II), 337, 338 and 279 of IPC and even sentenced to undergo imprisonment for five years and pay fines. Ms Afonso points out that this Court ultimately reversed this conviction in Criminal Appeal No.19/2017. She, therefore, submits that the finding about the Appellant's rashness and negligence is vulnerable and warrants interference.