SIMAO CARDOZO Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) HEARD Mr. Coutinho, learned Counsel appearing on behalf of the appellants and Ms. Mandrekar, learned Counsel appearing on behalf of respondent no.1.

(2.) THIS appeal was admitted by order dated 25/06/2010 and hearing was expedited.

(3.) THE claimants had filed the said petition under Section 166 of the Motor Vehicles Act, 1988 ('M. V. Act', for short) for compensation of Rs. 12,00,000/ - on account of death of Savio Nicholas Cardozo, son of claimants no. 1 and 2 and brother of claimant no. 3. Case of the claimants was as follows: On 06/10/2006, at 10.40 hours, the deceased was travelling on a motorcycle TVS Fiero bearing registration no. GA -02/B -9828 and was proceeding towards Margao. When he reached near Sai Service, Verna, a tanker bearing registration no. GA -02/Z -6138 owned by respondent no. 2, driven by respondent no. 3 and insured with respondent no. 1 came from Zuarinagar towards Margao and the same was driven in a rash and negligent manner at an uncontrollable speed and knocked the motorcycle of the deceased from front side and ran over the body of the deceased thereby causing his death instantaneously. The deceased was 28 years old and a seaman by occupation and his monthly income was 628 US Dollars equivalent to Rs. 32,000/ -. He was holding a three year Diploma in Mechanical Engineering and Specialization in material handling and had high prospects of promotion.