LAWS(BOM)-2018-10-29

ANA PAULA MENDES Vs. VASANT SHENVI KUKALEKAR

Decided On October 05, 2018
Ana Paula Mendes Appellant
V/S
Vasant Shenvi Kukalekar Respondents

JUDGEMENT

(1.) These appeals are taken up for final disposal by consent of parties. Both these appeals, involve claims for compensation, arising out of the same vehicular accident. As such, they are being disposed of by this common judgment.

(2.) On 04.09.2016, Mrs. Ana Mendes and her daughter Ms. Sonata Mendes, were proceeding from Taleigao to Miramar on a Hero Honda Activa scooter, bearing no. GA-07/V-2526. Ana Mendes was riding the scooter, while Sonata Mendes was the pillion rider. When they reached near Vassant Vihar Building at 19:45 hours, they were hit by a Maruti Alto car bearing no. GA-01/S-7157, which came from behind. The Maruti car was driven by the respondent no. 1 and it was covered by a policy of insurance, issued by the respondent no. 3, which was valid on the date of the accident. Both, Ana Mendes and Sonata Mendes suffered injuries on account of the accident and were required to be treated and have suffered permanent disablement on account of the injuries suffered in the accident.

(3.) Ana Mendes filed Claim Petition No. 114/2016, before the Motor Accident Claims Tribunal, North Goa, Panaji seeking a compensation of Rs. 25 lakhs against the respondents, while Sonata Mendes filed Claim Petition No. 113/2016, also seeking a compensation of Rs. 25 lakhs against the respondents.