DULCINA FERNANDES Vs. JOAQUIM XAVIER CRUZ

JUDGEMENT

(1.) THIS is claimants ' appeal and is directed against the award dated 20th July, 2004 of the learned M.A.C.T. (Motor Accident Claims Tribunal), Margao by which their claim for compensation filed under Section 166 of theMotor Vehicles Act, 1988has been dismissed.

(2.) THERE is no dispute that the accident took place involving two vehicles on 29th June, 1997 at about 2:00 P.M. on Margao -Ilha de Rachol Road. The vehicles involved were a scooter and a pick - up. The scooter was driven by Nicolau Fernandes. The claimants are the widow and the children of the said Nicolau Fernandes. Respondent No. 1 is the driver of the said pick -up.

(3.) ON the other hand, it was the case of respondents that the accident did not occur due to the fault of respondent No 1. It is the case of the respondents that the accident took place on account of the fault of scooter driver, the said Nicolau Fernandes who was riding the scooter under the influence of liquor and it is he who was rash and negligent and who came on the wrong side of the road with fast speed and dashed against the parked pick -up of respondent No. 1 causing damage to the same.