SATISH ALIAS SANTOSH GAONKAR Vs. DURGESH B. GAOKAR

JUDGEMENT

(1.) By this appeal, the appellant/ claimant is challenging the judgment and award dated 30/11/2009, passed by the Motor Accident Claims Tribunal, Margao in Claims Petition No.243/2007.

(2.) By the impugned judgment, the Claims Petition filed by the appellant has been dismissed.

(3.) The brief facts are that the appellant was, at the relevant time, working as a Peon in Department of Post at Chinchinim Branch and was getting salary of Rs.3422/ - per month. The appellant was 29 years of age. The accident in question had occurred on 04/07/2007. It is contended that the appellant had gone to the Chinchinim Post Office and was returning home on a Bajaj Kawasaki Caliber vehicle bearing registration No.GA02 -P - 4580 as a pillion rider. The said motor bike was driven by the first respondent, who is the brother of the appellant. The appellant had started at around 11.30 hours and when they reached three road junction near Uskini Band, Cuncolim, Salcete, Goa on National Highway 17, leading from Margao to Karwar, the first respondent made an attempt to cross the main road. It was contended that there was light drizzling at that time, as a result of which, the road had become slippery. The first respondent tried to cross the main road leading to Simpler Cuncolim, oblivious of the traffic on the main road. It so happened that one Shri Melvin Fernandes was proceeding on his Hero Honda motor vehicle bearing registration No.GA -02 -P -1526 from Canacona to Margao. There was a pillion rider on the Hero Honda. It was contended that after seeing the said Hero Honda motorbike, the first respondent, in order to avoid collision, applied emergency brakes. As a result of which, the motor bike started wobbling. It was contended that the claimant, on noticing that the first respondent is loosing control over the bike and in order to save himself, jumped off the vehicle and proceeded to other end of the road on foot. The first respondent could not control his vehicle, as a result of which, it dashed a lady, who was standing near the bus shed and thereafter, hit the right leg of the appellant, who was standing by the side of the road. It was contended that as a result of the same, the right leg of the appellant got entangled in the wheel of the motorbike and he sustained a crushing injury to his right leg. According to the appellant, the rider of the Hero Honda, namely Mr. Melvin Fernandes and the lady standing on the bus shed also sustained injuries.