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2011 Supreme(Bom) 1077

A.P.LAVANDE
C. P. Aminakutty alias Aminakutty – Appellant
Versus
Govind Naik – Respondent


Advocates appeared:
For the Appellants:S.S. Kakodkar, Advocate.
For the Respondents:R3, E. Afonso, Advocate, R1 & R2, absent though served.

JUDGMENT

1. By this appeal, the appellants take exception to the Judgment and Award dated 2.4.2002 passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No. 392 of 1995 by which claim petition filed by the petitioners has been partly allowed.

2. The petitioners filed Claim Petition No. 392/1995 claiming an amount of Rs.12,60,000/- from the respondents on account of death of deceased K. T. Mohamed, husband of the appellant no.1 and father of appellant nos. 2 to 9, who died in a vehicular accident which took place on 26.5.1995 at Dabholim at about 9.00p.m. The Claim Petition was contested by the respondents herein.

3. The Claims Tribunal framed following issues:-

1. Whether the claimants prove that the accident took place on account of rash or negligent driving of vehicle no. GDS-2581?

2. Whether the claimants prove that the said accident has caused the death of K. T. Mohamed?

3. Whether the claimants prove that the claimants are entitled to recover compensation of Rs.12,60,000/-?

4. What Order?

4. The claimants examined six witnesses namely Amina Kutty-CW1( appellant no.1); Anifa alias Hanifa-CW2, pillion rider; Kunjuman Nair-CW3, eye witness; Dr. Edmun














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