MARIA GRACIANO GOMES Vs. SITABAI ANKUSH GAUNS

JUDGEMENT

(1.) THE present appeal is preferred by the appellants/original respondents against the judgment and award dated 5th May, 2012 passed by the Presiding Officer, Motor Accident Claims Tribunal, Panaji, ("Presiding Officer" for short) in Claim Petition No.61/2010, by which the claim petition filed by the respondent/original claimant is partly allowed and the appellant no.1/original respondent no.2 is directed to pay sum of Rs.97,650/ - to the respondent/original claimant with 9% interest.

(2.) PARTIES are referred to as per their original status in the claim petition.

(3.) BRIEF facts giving rise to the present appeal may be stated as follows: - The claimant has filed an application under the provisions of Section 166 of the Motor Vehicles Act ( "the Act", for short) for the compensation on account of death of her husband Ankush Gauns. On 26.1.2009 at about 18.55 hours, Shri Ankush Tolyo Gauns alias Fatarpekar (since deceased) husband of claimant was returning from work. On that day he went to clean the cashew garden belonging to Manguesh Canaconkar, behind the G.M.C. Hospital, Bambolim. At the relevant time, the deceased was proceeding towards his house at Curca, Ilhas. When he reached near the Military Workshop, Bambolim on the NH17 and while crossing the road one motorcycle bearing registration No. GA -08 -H -6421 driven by the respondent no.1 came from Panaji side in a fast speed and dashed against the deceased. Due to the dash, deceased Ankush fell down and was seriously injured due to which he died on the same day at 22.45 hours in GMC Hospital, Bambolim.