ALEXANDER REBELLO Vs. SHASHIKANT

JUDGEMENT

(1.) CLAIM petition No. 100/85 had been instituted by the present appellant claiming a compensation of Rs. 4,18,000/ - before the Motor Accidents Claims Tribunal at Margao. According to the appellant the claim had arisen on following facts: On 8th May, 1985 his daughter aged about 20 years when about to start her motorcycle of Luna make all of a sudden and without blowing any horn a pickup bearing No. GDZ 5653 driven by the first respondent and owned by the third respondent collided with Melba as a result of which Melba was thrown down and the Luna was also damaged. Melba suffered compound fracture of the right parietal -temporal region, profuse bleeding from her right ear and also another serious injury of compound fracture of right tibia and fibula. She was immediately taken to Hospicio Hospital at Margao and for lack of facilities she had to be shifted within 3 to 4 hours to Salgaonkar's Hospital where she was treated by Dr. Lad for about 6 weeks. From there she had to be taken to Masina Hospital at Byculla and after about 8 to 10 days she was shifted to J.J. Hospital, Byculla at Bombay. Despite all efforts Melba succumbed to her injuries on 28th June, 1985.

(2.) THE Tribunal in the impugned Award rendered on 31st January, 1989 held that the accident was solely due to the fault of Melba. According to the Tribunal, Melba drove her Luna in a rash and negligent manner, on a road on which only one way traffic was permitted and she was driving on the fateful day in contravention of the permitted traffic rules. The Tribunal also held that the pickup GDZ 5653 which was laden with beer bottles came from the old market side proceeding towards center of Margao and had taken the one way road which was the right way for the pickup to go through the accident had taken place almost on a curve on that one way street. Tribunal, therefore, absolved the respondents from any responsibility in the accident and rejected the claim petition instituted by the appellant.

(3.) IT is an admitted position that on the fateful afternoon Luna was driven by Melba and one Miss Katy Veira was a pillion rider. As a result of the collision she also suffered some injuries. Katy Veira has been examined as AW. 2 and she has deposed that alongwith Melba she left the office between 2.00 or 3.30 p.m. on that day and they were going towards Bombay old bus stand as they wanted to see off some relatives who were going to Bombay. According to her they came from Pajifond Road and in front of the house of one P. Pinto and when they were about to negotiate a turn, which is on the right hand side, the pickup came in the opposite direction in full speed and dashed against their Luna. According to her she lost her consciousness. She affirms that Melba was employed as a Stenographer and was receiving by way of salary Rs. 500/ - p.m. In her cross -examination she emphatically denied the suggestion that Melba was driving her Luna on a 'No Entry Road'.