ALELUIA DCOSTA Vs. BEATRICE ROSARIO AND ORS.

JUDGEMENT

(1.) On Oct. 9, 1982, a traffic accident took place at Dagwad, Raia, and one Mrs. Beatrice Rosario, who was walking on the road, was knocked down by a motorcycle bearing the registration number GDL-7736 which was, at the relevant time, driven by the respondent Ivan Gomes at a high speed and in the direction from Panaji to Margao. The appellant Aleluia DCosta was the pillion rider. As a result of the accident, the said Mrs. Rosario sustained serious injuries. She, therefore, filed an application for compensation under section 110-A of the Motor Vehicles Act, 1989, and claimed a compensation of Rupees 35,000.00 .

(2.) By his Award dated Jan. 28, 1986, the learned Presiding Officer of the Motor Accident Claims Tribunal, Margao, allowed the petition and granted a compensation of Rs. 35,000.00 plus costs of Rs. 500.00 making it payable jointly and severally with interest of 6% per annum from the date of the claim till the complete satisfaction by the appellant and the respondent no. 2 herein. It is against this Award that the present appeal is filed.

(3.) The claimant Mrs. Rosario, apart from deposing in the Court, examined some witnesses to prove her case. She stated that on the day of the accident, that is to say, on Oct. 9, 1982, at about 4.30 p.m., she was getting down from the step of her property where her house is situated, when the motor-cycle driven by the second respondent, which was proceeding in the direction of Margao, dashed against her. The said motor-cycle was coming on the right side of the road and was being driven at full speed. The appellant was travelling as a pillion rider and as a result of the accident she sustained injuries. She was taken to the hospital where she was treated.