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2020 Supreme(Bom) 1078

M.S.JAWALKAR
Rosa Maria Fernandes Souza – Appellant
Versus
Jaisingh Kiro – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.S. Kakodkar.
For the Respondent: E. Afonso.

JUDGMENT :

M.S. JAWALKAR, J.

1. Heard Mr. Kakodkar, learned Advocate for the Appellants and Mr. E. Afonso, learned Advocate for the Respondents.

2. The present appeal and cross-objections are filed being aggrieved by the judgment and award dated 18.09.2013 passed by the Motor Accident Claims Tribunal, Margao, in Claim Petition No. 217 of 2011 for enhancement and cross-objections are filed for setting aside the Judgment and Award therein.

3. The Claim Petition was filed by the widow and the minor son of deceased Jose Leandro Souza.

4. It is the case of the claimants before the Claims Tribunal that Jose, since deceased, was 38 years old, working as a welder and also as an agricultural labour and earning Rs. 10,000/- per month. On 25.07.2011, at about 8.30 hours, he was riding the Honda Activa scooter bearing registration no. GA-06/C-3001 from Poriebhatt, Verna and proceeding towards his residence at Uddo, Quelossim, Cortalim. On reaching near the Old Mardol Hotel, Verna, at about 8.50 hours, on the Margao-Panaji Highway, the respondent no. 1, drove the tipper truck bearing registratio

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