CHANDRAKANT PARSEKAR Vs. ROSY SIMOES

JUDGEMENT

(1.) THIS is an appeal by original respondent No. 2 in Claim Petition No. 35 of 86 decided by the Motor Accident Claims Tribunal at Panjim, Goa against an award dated 27th December, 1990 under which, the present appellant along with present respondent No. 2 were directed to pay a compensation of Rs. 60,000/- in the context of death of Maria Simoes, the daughter of the present respondent No. 1 i. e. , the original claimant.

(2.) THE facts present a very sad story about the death of the daughter of respondent No. 1. It was not in dispute that the said daughter, who was about 20-years of age at the relevant point of time, was proposed to be married to Pascoal Fernandes, the present respondent No. 2. On 20/12/1985 both of them were riding a motor-cycle bearing registration No. GDG 9088 which belonged to the present appellant and which was borrowed by the present respondent No. 2 and Peter Simoes, a son of the present respondent No. 1. When the motor-cycle was being driven on a public road at Arpora (Goa), it had an impact on a road side trunk of a tree that had fallen on the ground. The motor-cycle skidded after the impact, thereby causing the death of the daughter of present respondent No. 1. It appears that there were probably two pillion-riders, namely, Maria Simoes and her brother Peter Simoes, on the said motor-cycle.

(3.) AFTER recording the evidence, the Tribunal held that the Insurance Company was not liable to pay anything as the liability for the death of the pillion-rider was not covered by the policy. The view so taken by the Tribunal was right in the light of the ruling in (New India Assurance Co. Ltd. v. Minguel Lourence Correia and others) 1986 A. C. J. 646. Holding that the driver of the vehicle, namely, Pascoal Fernandes/respondent No. 2, was negligent in driving the vehicle, the Tribunal fixed the liability for the compensation on him as well as on the owner of the vehicle, i. e. , the present appellant.