KUNJAMMA MATHAI Vs. MARCELO FERNANDES

JUDGEMENT

(1.) THIS appeal has arisen out of the award dated 28.2.1989, made in Claim Petition No. 68 of 1986, which was instituted by the present appellant.

(2.) APPELLANT instituted the claim petition claiming a large amount of compensation of Rs. 5,00,800/- in respect of the death caused to her son, Regi Mathew, in a vehicular accident on 10.5.1986, at Margao. It was claimed by the appellant that her son Mathew was a site engineer employed with New India Construction Company drawing a salary of Rs. 2,000/-per month. It was her case that at about 9.30 p.m. on 10.5.1986, motor cycle bearing No. BHD 203 was being ridden by respondent No. 3 and her son was a pillion rider and upon reaching Margao-Curtorim Road, while taking a turn to come on a side road leading to Gogol, tempo bearing registration No. GDZ 2650, driven by the respondent No. 1 coming from Curtorim in the direction of Margao, gave a dash as a result of which her son fell down and suffered head injury. He was lodged in Goa Medical College Hospital at Panaji and despite medical assistance he expired on 14.5.1986.

(3.) SOME challenges are taken in the memo of appeal, but finally, Mr. S.G. Bhobe, learned Counsel appearing for the appellant, has restricted his attack to two grounds. According to him, the Tribunal was in error in not rendering a conclusive finding that Regi Mathew was a pillion rider on that fateful night when the accident took place and secondly, that regard being had to the evidence the Tribunal was in error in apportioning the responsibility for the accident in the ratio of 6:4. His contention was that the entire responsibility for the accident ought to have been foisted on respondent No. 1, driver.