MEDHINI KAJUMOLKAR Vs. UDAY SAWARASTKAR

JUDGEMENT

(1.) Heard Mr Milton Marshal for the appellant and Mr James Lopes for respondent no.3-insurance company.

(2.) The challenge in this appeal is to the Judgment and Award dtd. 11/12/2023, by which the Motor Accident Claims Tribunal (Tribunal) dismissed Claim Petition No.90/2019 on the ground that the claimant (mother of the 28-year-old deceased Nagesh) was unable to establish that the accident was caused by rash and negligent driving by the first respondent, i.e., the driver of Ashok Leyland Truck bearing registration No.KA-23-A-9061 (offending vehicle). This was despite the fact that the JMFC, by judgment and order dtd. 16/2/2021, convicted the first Respondent for rash and negligent driving under Ss. 279 and 304A of the Indian Penal Code.

(3.) The Tribunal, as it appears to have become routine, after answering the issue of rashness and negligence against the mother of the deceased, did not bother to determine the compensation or answer the issue of what would be the just compensation. This is, again, despite the fact that repeated decisions of this Court and the Hon'ble Supreme Court exhorting the Courts and Tribunals to determine all the issues that arise before them.