PETER GODINHO Vs. CORNELINS DSOUZA

JUDGEMENT

(1.) This First Appeal can be disposed of on a short count. The appellant was injured in an accident, which occurred on 13/11/2002 at about 3.00 p.m. at Barcem in Quepem Taluka. At the time of the accident, the applicant was proceeding to Churchorem from Cancona on his motorcycle bearing No.GA-02-Q1407. According to the appellant, when he reached Barcem, he was knocked down by an oncoming Truck bearing No.KA-19-1381, which was owned as well as driven by the first respondent. The Truck was covered by a Policy of Insurance issued by the second respondent. Further, according to the appellant, he sustained 100% neurological disablement and 90% Orthopedic disablement, on account of the injuries sustained in the accident.

(2.) The appellant filed Claim Petition No.48/2003 before the Motor Accident Claims Tribunal, South Goa at Margao, seeking a compensation of Rs. 1 Lakh.

(3.) The petition was contested by the second respondent by filing Written Statement. The respondent no.1, although did not file any Written Statement, examined himself as RW1. On behalf of the appellant, his wife came to be examined as AW1 along with three other witnesses namely Assis Dias-AW2, Dr. S. S. Nadkarni-AW3 and Head Constable, Surendra Naik-AW4.