SUBHADA SUBHASH DHEKNE Vs. SURESH VITHOBA GAONKAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal challenges the Judgment Award dtd. 16/10/2018 in Claim Petition No.15/2017 made by the Motor Accident Claims Tribunal, North Goa at Panaji (Tribunal), to the extent it holds that there was contributory negligence of 50% on the part of the 26-year-old Naval Dhekne, who died in a vehicular accident on 17/10/2015. His parents claimed compensation for his death.

(3.) Mr. Dhargalkar submitted that merely because the Tribunal found that the accident occurred in the middle of the road, Naval should not be held responsible for the accident to 50%. He submits that the relevant evidence was ignored or, in any case, misconstrued. Finally, he submits that the approach of the Tribunal was contrary to the law laid down in the following decisions: