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2018 Supreme(Bom) 2148

C.V.BHADANG
New India Assurance Co Ltd – Appellant
Versus
Francisco Xavier Fernandes – Respondent


Advocates:
Advocate Appeared:
U.R. Timble, Adv., Yadika Mandrekar, Adv., Milton Marshal, Adv., Clayton Fonseca, Adv., C.A. Coutinho, Adv., Shailesh Redkar, Adv.

JUDGMENT :

C. V. BHADANG, J.

1. Benedito Fernandes, a Bosun, working on a foreign ship met with an unfortunate death in a vehicular accident on 22.04.2006 at about 16:20 hours. At the time of the accident, the deceased was proceeding from his residence to Margao astride his motorcycle bearing no. GA-02-H-4069 with his wife Mecky Fernandes as a pillion rider. On reaching at Novabazaar, Macazana, Salcete, the motorcycle was hit by an on coming pickup van bearing no. GA-02/T-5362, which was driven by the respondent no. 4-Mr. Domnic Luis.

2. The respondent nos. 1, 2 and 3 (cross objectors) being respectively the parents and an unmarried sister of the deceased, filed Claim Petition No. 175/2006, before the Motor Accident Claims Tribunal, Margao (Tribunal, for short), under Section 166 of the Motor Vehicles Act, 1988 (Act, for short), seeking a compensation of Rs.25 lakhs in respect of the death of Benedito. Mecky Fernandes, who is the widow of the deceased was not initially made a party to the petition before the Tribunal. She was eventually joined as respondent no. 4 before the Tribunal on 09.04.2007.

3. According to the original claimants, the accident occurred due to rash and negligent d

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