(1.) By this appeal, the appellants, who are original claimants, are seeking modification of the judgment and award dated 24/04/2017 passed by the Motor Accident Claims Tribunal ('Tribunal' for short) at Ponda in Claim Petition No.61/2016. By the said judgment, the Tribunal while partly allowing the petition filed by the appellants has granted a compensation of Rs. 52,000/- along with interest at 9% p.a. which is inclusive of a compensation under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short). The Tribunal has held that the deceased was responsible for contributory negligence to the extent of 20% and has deducted an amount of Rs. 1,13,000/- from the total amount of compensation of Rs. 5,65,000/- as computed by the Tribunal. The appellants are only seeking the modification on the ground that the deceased cannot be held to be responsible for any contributory negligence.
(2.) I have heard Shri E. Afonso, the learned Counsel for the appellants. None appears for the respondents. Perused record.
(3.) The accident in question occurred on 05/11/2012 when the deceased Mr. Remediano Monteiro while walking by the side of the road at Kandola Marcela, Opposite Lisa Beauty Parlour, was hit by a motorcycle bearing no.GA-07-J-4426 which was driven by the first respondent. The Tribunal found that the deceased was walking in the middle of the road and that is the sole reason on the basis of which the Tribunal has held that the deceased contributed to the accident to the extent of 20%.