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2010 Supreme(Bom) 833

A.S.OKA, F.M.REIS
Nervin Lourdes Miranda – Appellant
Versus
Mahesh D. Naik – Respondent


Advocates:
Advocate Appeared:
Mr. S.S. Kakodkar, Advocate for the appellants
Mr. Santosh H. Shame. Advocate for the respondents.

JUDGMENT

A.S. Oka, J.-The appellants, who are the claimants in a claim petition filed under Section 166 of the Motor Vehicles Act. 1988 (for short. hereinafter, referred to as "the said Act"), have preferred this first appeal for challenging the Judgment and Award dated 23rd January, 2007 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal for the Taluka of Salcete at Margao. By the impugned Judgment and Award, the claim petition was dismissed by the learned Presiding Officer.

2. The compensation has been claimed by the appellants on account of death of their daughter Miss Veena in a motor accident on 1st August, 2002. The case made out by the appellants is that their daughter was a qualified Civil Engineer holding a Degree in Civil Engineering and she was employed on a monthly salary of Rs. 6,000/-.

3. The case made out by the appellants is that the deceased Veena was proceeding from Margao to Majorda by her scooter. At that time a mini bus, owned and driven by the first respondent, came from the side of Seraulim in a fast speed. The case made out in the claim application is that the first respondent was driving the vehicle in a rash and negligent manner and

































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