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 driving of Mr. Domnic Luis. It was contended that the deceased was working as a Bosun on a foreign ship and was earning Rs.80,000/- per month. The deceased was 33 years, on the date of the accident, his date of birth being 30.09.1971.

4. The petition was not contested by the respondent nos. 4 and 5 (original respondent nos. 1 and 2, before the Tribunal). The appellant, which was the sole contesting respondent, resisted the petition on various grounds. It was contended that Mr. Domnic Luis, the Driver of the pickup van was not responsible for the accident and the accident occurred solely due to the rash and negligent driving of the deceased himself. It was contended that Domnic Luis was not holding a valid and effective licence on the date of the accident, which is in breach of the conditions of the insurance policy. The claim as to the quantum of compensation was also disputed.

5. The Tribunal framed as many as six issues.

6. On behalf of the claimants, Francisco Fernandes examined himself as AW-1 alongwith Mecky Fernandes (AW-2), the widow of the deceased, Mr. Concesao Gonsalves (AW-3), a spot pancha and Head Constable Mr. Kamlakar Kotarkar (AW4), who had registered the FIR and had drawn the spot panchanama.

7. There was no evidence led on behalf of the appellant.

8. The Tribunal came to the conclusion that the accident occurred solely due to the rash and negligent driving of Mr. Domnic Luis and the deceased had no role in the occurrence of the accident. The Tribunal answered issue nos. 1 and 2 in the affirmative and issue no. 4 in the negative. Insofar as issue nos. 3 and 5 are concerned, the Tribunal found that the claimants have not examined any witness to prove the Wage Account Slip (Exhibit X2 colly) and although, there was evidence to show that the deceased was working on Board a foreign ship, there was no acceptable evidence to show that he was earning Rs.80,000/- per month. The Tribunal reckoned the monthly income of the deceased at Rs.20,000/- per month and deducted 1/3rd towards personal and living expenses of the deceased. The Tribunal applied the multiplier of 5, depending upon the age of the respondent no. 1 (claimant no. 1) and arrived at a compensation of Rs.8 lakhs. The Tribunal granted an amount of Rs.2,000/- towards funeral expenses, Rs.2,500/- towards loss of estate and Rs.5,000/- to the widow of the deceased towards loss of consortium alongwith Rs.1 lakh towards pain and suffering. Thus, the Tribunal has awarded a total sum of Rs.9,09,500/- alongwith interest at the rate of 9% per annum from the date of petition, till realisation, including the compensation under Section 140 of the Act. The Tribunal apportioned the compensation by granting 60% of the compensation to the widow, while 40% of the compensation being granted together to the