DAVID NORONHA Vs. AUDHUT APTE

JUDGEMENT

(1.) This First Appeal is being disposed of finally at the stage of admission.

(2.) Heard rival arguments for sometime. This First Appeal challenges the Judgment and Award passed by the Presiding Officer, Motor Accidents Claim Tribunal, Mapusa dated 6/3/2013. By the said Judgment and Award the claim petition was dismissed with costs.

(3.) The claim for Rs.4,00,000/- was filed by the present appellant/claimant for the injuries sustained by him mainly on his legs and knees causing fractures and also injuries to his ribs caused in a motor vehicular accident while he was driving his Omni van bearing no.GA-01-Z-6879 and when it dashed with another vehicle a motor jeep bearing registration no. GA-01-S-4845 being driven by present respondent no.2 and insured with respondent no.3. The main issue as to whether the claimant proved that the accident was due to rash and negligent driving on the part of respondent no.2 was answered in the negative by the learned member M.A.C.T. This is rightly so answered in the opinion of this Court for which the reasons are being given here under.