CHANDRAPPA DURGAPPA HARIJAN Vs. HARISHCHANDRA UMESH PARULEKAR

JUDGEMENT

(1.) THE Appeal arises out of the Award passed by the Motor Accident Claims Tribunal, South Goa, at Margao, in Claim Petition no. 104/2006 on 31.07.2008, by which, the Claim Petition filed by the Appellants is dismissed on the ground that the Appellants have failed to prove that the car was driven rashly and negligently at the time of the accident.

(2.) THE case of the Appellants is that Shri Muchukandi Chandrappa Harijan, the son of the Appellant nos. 1 and 2, husband of the Appellant no. 3 and father of the Appellant no. 4, died because of the injuries suffered by him in the accident which had taken place on 11.01.2006 at about 8.06 a.m. According to the Appellants, the deceased was proceeding from NSD Dabolim to Vasco, on his bicycle and when he reached the four lane highway near Alto Dabolim, a Maruti car driven by the Respondent no. 1 rashly and negligently dashed against him due to which he suffered injuries and expired. The car involved in the accident was owned by the Respondent no. 2. As the car was not insured, the Insurance Company is not impleaded as party to the proceedings.

(3.) I have heard Shri Anthony Rebello, learned Advocate for the Appellants and Shri Avdhut Arsekar, learned Advocate for the Respondent no. 1. I have also examined the records with the assistance of the learned Advocates. The following points arise for determination: