NUTAN D.SARDESSAI
Sameer S. Desai – Appellant
Versus
Jeevan Narayan Naik – Respondent
1. This is an appeal of the original injured claimant assailing the judgment and award dated 10/08/2010 passed by the learned Presiding Officer, MACT-II, Margao pursuant to which he had dismissed the Claim Petition giving rise to the present appeal against the original respondents. The learned MACT held against the claimant on the aspect of the rashness and negligence at the instance of the respondent no.1 and did not even quantify the quantum of compensation without prejudice thereto which he would have been entitled to had he succeeded in the petition. Be that as it may, the parties would be referred to as the claimant and the respondents for brevity's sake hereinafter.
2. The claimant had maintained the petition under Section 166 of the Motor Vehicles Act, 1988, ('Act' for short hereinafter) carving out a case that he was 27 years old, working as a Seaman/Engine Fitter, earning US dollars 1000 while working on the vessel MVSJN ORCAS. On 20/04/2006 he was proceeding from Canacona to Kindlem and on reaching at Mangan at about 14.15 hrs., the respondent no.1 came riding the motorcycle bearing registration no.GA-08/C-9827 at a fast speed, in a rash and negligent manner from
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