LAWS(BOM)-2023-1-354

KADAMBA TRANSPORT CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR VENANCIO FURTADO Vs. MUKTA KANCHAN

Decided On January 19, 2023
Kadamba Transport Corporation Limited Through Its Managing Director Venancio Furtado Appellant
V/S
Mukta Kanchan Respondents

JUDGEMENT

(1.) Heard Mr A. R. Kantak, learned counsel for the Appellants. The Respondents, though served, neither present nor represented.

(2.) The challenge in this appeal is to the judgment and award dtd. 26/6/2019 made by the Motor Accident Claims Tribunal, Margao, in Claim Petition No.154/2015, awarding Respondent Nos. 1 and 2 (claimants) the compensation of Rs.19,20,000.00 with interest at the rate of 9% per annum for the death of Satish Kanchan, husband/father of the claimants.

(3.) Mr Kantak, learned counsel for the Appellants - Kadamba Transport Corporation Ltd. (KTC), submits that the evidence on record does not support the finding of rashness and negligence. Without prejudice, he submits that this is a case of contributory negligence, and the tribunal has not adequately considered this aspect.