CHANDRAKANT GAWAS Vs. VISHNU DATTA GOADEKAR AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the Award dated 5th Aug., 1993 in claim petition no. 120/87, instituted by the present appellant. By the Award, the claim petition of the appellant, which made a substantial claim for damages has been dismissed with costs. The story of the appellants that on 16th Sept., 1987, the rickshaw owned and driven by the first respondent dashed him against his shoulder when he was riding on a cycle near the Kadamba Bus Stand at Panaji, Goa, as a result of which he fell down and suffered injury to his shoulder which required operation and hospitalization for some time.

(2.) The evidence led by the appellant in support of his claim did not Find favour with the Tribunal. The Tribunal held that the appellant has failed to prove the accident as also the basis on which the compensation is claimed and further that the evidence is nothing but exaggeration of facts with a view to get compensation somehow or the other.

(3.) I am plainly aware that when two views of a matter are possible, it is not open to the Appellate Court to substitute its own view in place of the view taken by the lower Court, but then what is required to be seen in the present case is that the appellant had gone before the Tribunal claiming compensation under special legislation and which is recognised as a welfare statute. For that matter, even to alleviate the suffering of the victim or the loss of a near and dear one in an accident, the statute had recently enacted what is known as "No Fault Liability", so that some urgent relief is brought either to the victims who are living or the relatives of the dead victim of the accident. It is in the light of the nature of the statute that the present matter is liable to be viewed.