ELSY JOLLY JACOB Vs. SHRI BABAJI RAMU DESAI

JUDGEMENT

(1.) Heard Mr R.G. Ramani, learned Senior Advocate, along with Mr Pranav Kakodkar for the appellant and Mr Amey Kakodkar for respondent no.3.

(2.) This appeal is directed against the judgment and award dtd. 25/2/2021 made by the Motor Accident Claims Tribunal dismissing Claim Petition No.10/2017.

(3.) The Tribunal has held that the claimants failed to establish that the accident in which John Jacob died was caused on account of rash and negligent driving of Babaji, the driver of the tipper truck bearing registration no.GA-05-T-6112. Given this finding, the Tribunal did not bother determining the compensation amount the claimants would have otherwise been entitled to. Thus, the Tribunal decided only on the issue of rashness and negligence, but the other issue of the quantum of compensation was not decided.