PRABHAKAR BABUSSO CHODANKA Vs. MARIA VICTORIA PERIERA

JUDGEMENT

(1.) This is an appeal under Section 110-D of the Motor Vehicles Act against the Award of the Motor Accident Claims Tribunal directing the appellants to pay as compensation a sum of Rs. 5,000/- to the respondent.

(2.) The motor vehicle accident in which respondent s husband Domingo Rodrigues aced about 70 years met with instantaneous death took place on 18-9-1967 on the Bicholim-Mapusa road. The motor vehicle involved belonged to and was driven by appellant No. 1 and was insured with the Concord of India Insurance Co. appellant No. 2. These facts were not in dispute.

(3.) It was alleged by the respondent that on the day and at the time of the accident her husband was waiting for a taxi to go to Mapusa. The station wagon driven by appellant No. 1 came in great speed and knocked the deceased down, causing instantaneous death. The deceased at the time of the accident was away from the main road. The accident took place due to the negligence of appellant No. 1. Respondent averred that her husband was earning Rs. 100/- per month at the time of his death. She claimed Rs. 8,000/- as compensation.