MARTIN SANTANA VAZ Vs. SEBASTIAO D COSTA

JUDGEMENT

(1.) THIS appeal arises from the order dated 14. 10. 1996 passed in Misc. Claim Petition No. 18 of 1994 by the Presiding Officer of Motor accidents Claims Tribunal, Margao. By the impugned order, the Tribunal has rejected the application for compensation filed under section 140 of the Motor Vehicles Act, 1988 hereinafter called as 'the said Act'.

(2.) IT is the case of the appellants that on 13. 9. 1988, at about 5. 45 a. m. , one Bartholomeu Vaz, the husband of appellant No.-1 and the father of appellant Nos. 2 to 4 was hit by a mail van bearing No. GA-01-G-7516 while being driven at a fast speed due to which the said Bartholomeu Vaz suffered severe head injuries as a result of which he expired at the Goa Medical college, Bambolim, on the very day at 10. 45 a. m.

(3.) ALONG with the main application for compensation, the appellants have filed the present application under section 140 of the said Act claiming interim compensation of Rs. 25,000. Since the claim of the appellants was disputed, the Tribunal decided to hold necessary enquiry on the point of involvement of the mail van in the accident. In the course of enquiry, the appellants examined four witnesses, namely, Alexandre Vaz, appellant No. 2, one franscina Vaz, Lourenca Monteiro and madhukar Gajankar, A. S. I. , whereas, the respondents examined the driver of the mail van by name Sebastiao D'costa. The tribunal held that the appellants had failed to prove that the postal van had collided against the deceased causing death at the relevant time and, therefore, dismissed the application under section 140 of the said act.