NEW INDIA ASSURANCE CO. LTD Vs. GUNJI CHAKRAMMA

JUDGEMENT

(1.) THE appellant has approached this Court being aggrieved by the judgment and order dated 6.6.2009 passed by the learned Motor Accident Claims Tribunal, Panaji thereby holding that the respondent nos. 1, 2 and 3 herein (Original claimants) were entitled to receive the total compensation of Rs.7,56,760/ - and directing the respondent nos.1, 3 and 4 in the claim petition to pay the said amount jointly and severally to the claimants alongwith interest of 9% per annum from the date of filing of the petition till the date of entire payment.

(2.) PARTIES shall be hereinafter referred to as they appears in the claim petition.

(3.) THE respondent nos. 1 and 2 in their Written statements stated that the respondent no. 2 was neither the owner nor rider of the vehicle at the relevant time and hence was not a necessary party. He has further stated that they were employed with the respondent no. 4 who was engaged in the business as cable operator and had gone to Merces for installing dish antenna and after completing the work were returning back. He has further stated that the respondent no.1 was riding the motorcycle on his left side of the road slowly and on the right of the road there was paddy spread for drying, covering more than half of the road and the deceased came towards the respondent no.1 with the scooter to the right side in order to avoid paddy. He has further stated that respondent no.1 tried to stop the motorcycle by applying brakes and the claimants came on the wrong side and dashed the motorcycle on the road along with his scooter. It was thus claimed by the respondent nos. 1 and 2, that the respondent no. 1 was neither rash nor negligent.