ANAND RAMKRISHNA RAIKAR Vs. RAGHUNATH V. KENY

JUDGEMENT

(1.) APPELLANT Anand R. Raikar and his wife Mirabai instituted Claim Petition No. 31 of 1987 under the provisions of the Motor Vehicles Act, 1939, claiming a total compensation of Rs. 5,20,000/- from the respondents. The claim petition had set out that at about 2.30 p.m. on 19.10.1986, their son by name Gurudas, who was aged 21 years and studying in XIIth Standard met with an accident while driving scooter bearing No. GDF 160 along the national highway between Margao and Cortalim being knocked down by a motor vehicle bearing No. GDZ 1647, a taxi owned and driven at the relevant time by respondent No. 1 and insured with respondent No. 2. The victim Gurudas succumbed to his injuries soon after the accident. According to the original claimants, the vehicle bearing No. GDZ 1647, which was proceeding from Cortalim to Margao, was being driven rashly and negligently and that is how it collided with the scooter driven by the deceased Gurudas and based upon which the claim for compensation was raised.

(2.) THE respondents took the defence that the deceased Gurudas overtook a Kadamba bus, which was proceeding ahead of his scooter, at a place called Nuvem without caring to notice that the vehicle driven by the respondent No. 1 was coming from the opposite direction. That as a result of negligence on the part of Gurudas the accident took place and that is how the claimants are not entitled for any compensation.

(3.) IT appears that during the pendency of the claim petition appellant Anand R. Raikar, father of the deceased, expired with the result his legal representatives, namely, son, daughters and sons-in-law have come on record under letters a to e.