NATIONAL INSURANCE CO. LTD. Vs. SHASHIKANT TAMSE

JUDGEMENT

(1.) Heard Mr Timble for the Appellant and Ms R. Pereira for the respondents – claimants.

(2.) The challenge in this appeal is to the judgment and award dtd. 5/3/2016 in Claim Petition no.116/2013.

(3.) Mr Timble States that the negligence of the motorcycle rider was not established. The evidence on record points out to the motorcycle rider applying brakes upon realizing they had reached the end of the road. Without any finding of rashness and negligence, the claim petition should have been dismissed.