The main legal point established is the application of legal principles from Sarla Verma v. Delhi Transport Corporation and Rajesh v. Rajbir Singh to calculate compensation in motor vehicle accident cases.

1. The present appeal is presented by the original claimants against the judgment and award passed by the learned Presiding Officer, M.A.C.T., Panaji (hereinafter referred to as 'Presiding Officer') in Claim Petition No.107/2007 dated 10/02/2011, by which the claim petition of the claimants is partly allowed and compensation of Rs.6,28,500/- is granted to the claimants along with interest at the rate of 9% p.a. The claimants / appellants have presented this appeal mainly on the ground that the amount of compensation awarded to them is very meagre and disproportionate to the earning of the deceased.

2. Brief facts of the case may be stated as follows :

(Parties are referred to their original status) The son of the claimants namely Raymond Anthony Marques, aged about 20 years, a sportsman – footballer was riding on his motorcycle bearing registration No. GA 01/B 6913 (hereinafter referred to as 'motorcycle') on national highway No.17. When he reached at the spot of accident i.e. at Savorikode, one bus bearing registration No. MH 04 / G 5540 (hereinafter referred to as 'bus') was proceeding in the same direction and ran over him and crushed him to death on the spot. The accident occurred due to rash and negligent driving of bus by its driver – respondent No.1. Therefore the offence is registered against him.

3. Deceased Raymond was top class sportsman – footballer owned several State awards. He represented the Goa State in a National and International football game. He was a regular football player of the Sporting Clube De Goa and was earning Rs.18,000/- per month. He had participated in International game at Portugal. So, according to the claimants, their son deceased Raymond was a very good sportsman having bright future in the field of sports. Therefore, they have claimed lumpsum compensation of Rs. 25,00,000/-.

4. The Respondent No.3 – Insurance Company resisted the claim petition by filing its written statement at Exh.25 and it has denied the age, occupation and income of the deceased the manner in which the accident is occurred and compensation claimed. However, it has admitted the contents of Para Nos.15 to 17 and it has further pleaded that the accident occurred due to negligence of the deceased himself. The respondent No.3 admitted the insurance of the vehicle involved in the accident. However, its liability is strict as per the terms and conditions of the policy. The respondent was not holding driving licence, therefore, it is not liable to pay the compensation. Considering the rival pleadings of the parties, the learned Presiding Officer has framed six issues. First issue relating to the manner in which the accident took place. Second issue relating to the negligence of respondent No.1. Third issue relating to the negligence of deceased. Fourth issue relating to the breach of terms and conditions of the policy. Fifth is relating to the age and income and sixth is relating to the entitlement for compensation. The learned Presiding Officer has decided issues No.1 and 2 in the affirmative and issues No.3 and 4 in the negative. While answering the issue No.5 the Presiding Officer determined the earning of the deceased to the extent of Rs.8,000/- per month and awarded the compensation of Rs.6,28,500/- while answering the issue No.6. So, ultimately, all the issues are decided in favour of the claimants and the respondents have not preferred any appeal or cross-objections in the present proceeding. On the other hand, the claimants have come in appeal only on the ground of the quantum of compensation.

5. I have heard the arguments of Mr. E. Afonso, the learned counsel for the appellants / claimants. None present for the respondents. With the help of Mr. E. Afonso, the learned counsel for the appellants I have gone through the entire evidence i.e. oral as well as documentary on record and upon hearing Mr. E. Afonso foll