JUDGMENT :

1. Heard the learned counsel for the parties.

2. The appellants are the rider, owner, and the insurance company concerned with TVS Scooty bearing registration No. GA-07-D-9447 was held to be involved in an accident that took place on 15.11.2011 at 14.50 hours near Sreyas Society, Alto Santa Cruz, Goa, in which Joseph John D'Souza who was riding a Suzuki scooter bearing registration No. AP-31-BF-4288 sustained grievous injuries and died.

3. The appellants challenge the judgment and award dated 30.06.2015 in Claim Petition No.28/2012, instituted by respondent Nos. 1 to 4 (claimants) by which the Motor Accident Claims Tribunal, Panaji (Tribunal) has awarded respondent Nos. 1 to 4 the compensation of Rs.38,25,000/- together with interest at the rate of 9% per annum from the date of institution of the petition till realization of the amount.

4. Mr. Netravalkar learned counsel for the appellants vehemently submits that there is no legal evidence on record to infer any rashness and negligence on the part of the first appellant (Gauri). He submits that the criminal prosecution was lodged against Gauri in which she was duly acquitted.

5. Mr. Netravalkar submits that irrespective of th