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2014 Supreme(Bom) 1736

B.P.DHARMADHIKARI
Menino Mario Fernandes – Appellant
Versus
Satyawan Guno Naik – Respondent


Advocates Appeared:
For the Petitioners:S.S. Kakodkar, Advocate.
For the Respondents:R2, E. Afonso, Advocate.

Judgment :

1. By this Appeal filed under Section 173 of the Motor Vehicles Act, the claimants question the Judgment dated 24.09.2008 delivered by Motor Accident Claims Tribunal, South Goa, Margao, in Claim Petition no. 51 of 2008 dismissing the same.

2. The basic facts are not in dispute. The deceased Josepha Fernandes @ Josepha Da Silva, aged about 45 years, was the wife of appellants No. 1. The other appellants are the brothers and sisters of the deceased and their respective spouses, as they qualified to be heirs in view of the local law. The learned Counsel for claimants, particularly on behalf of appellants No. 1, has submitted that they may not qualify as dependents. The accident has taken place on 17.06.2007 when deceased was proceeding towards Pontemol on Curchorem market, Mirabag road, on a motorcycle bearing no. GA-02-Q-4957. She fell down from motorcycle near Kens Corner Bar and Restaurant at about 14.50 hours. The motorcycle was being driven by respondent no.1. Respondent no. 1 fled away with the motorcycle. The deceased succumbed to her injuries on the very same day. The claimants state that she was working as a labourer, was healthy and supporting the family. She was
























































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