The main legal point established in the judgment is that in a motor accident claim, the claimant must prove that the accident was caused by the negligent driving of the other party in order to be entitled to compensation.

JUDGMENT

M. S. Sonak, J. - Heard Mr. Pereira, learned counsel for the Appellant, Mr. Raunak Kantak along with Mr. A. R. Kantak, learned counsel for Respondent Nos.1 and 2, and Mr. P. Shirodkar learned counsel for Respondent No.3.

2. This appeal is directed against the judgment and award dated 29. 09.2015 made by the Motor Accident Claims Tribunal, Panaji (Tribunal) dismissing the claim of the Appellant claimant on the ground that the Appellant had failed to prove that the accident in which he suffered injuries was caused on account of rash and negligent driving of the bus by the driver of the Kadamba State Transport Corporation Respondent No.2.

3. Mr. Pereira learned counsel for the Appellant submits that the sketch attached to the panchanama on which the Tribunal has placed reliance does not depict the correct position of what may have transpired at the site. He submits that the sketch seems to suggest that the appellant's motorcycle dashed the bus at the spot just beyond the front wheel. He submits that this is quite inconceivable and impossible. He submits that the evidence on record does suggest rashness and negligence on the part of the driver of the bus. He submits that in any case since the bus is a bigger and heavier vehicle the duty of care upon its driver was much greater than that of the Appellant. He submits that the Appellant was prosecuted for rash and negligent driving but the prosecuted ended in acquittal and no sufficient credence was given to this by the Tribunal. He submits that even the compensation determined by the Tribunal is on a conservative basis and the same deserves to be enhanced. For all these reasons, Mr. Pereira submits that the impugned award may be set aside and the Appellant's claim petition be allowed.

4. Mr. Kantak defends the impugned award based on the reasoning reflected therein. He points out that the evidence on record very clearly establishes that it is the Appellant who was negligent while driving his motorcycle and was solely responsible for the accident. He points out that the evidence on record also makes it clear that the Appellant or his work has not suffered in the least after the accident. He submits that the acquittal in a criminal case is quite irrelevant because there the test applied was quite different from the test which is required to be applied in civil matters. He, therefore, submits that this appeal may be dismissed.

5. Mr. Shirodkar submits that even before the Tribunal the Respondent No.3 had been dropped after it was pointed out that the bus was never insured with Respondent No.3 -Insurance Company. He, therefore, submits that the Appellant was not justified in impleading the Insurance Company as a party in this appeal without even seeking leave of this Court, and in any case, no relief whatsoever can be granted as against the Respondent No.3.

6. The rival contentions now fall for determination.

7. The first issue to be determined in this case is whether the accident in which the Appellant sustained injuries was caused on account of rash and negligent driving of the driver of KTC bus or whether the Appellant was himself responsible for the accident.

8. In the claim petition, there are hardly any pleadings explaining how the accident took place or explaining the basis why the driver of the KTC bus was rash and negligent while driving the bus thereby causing an accident.

9. The Appellant filed his affidavit in evidence on 12.11.2010 and the only statement on this aspect is to be found in paragraph 21 which reads as follows:

"21. I say that on the day of the accident I was proceeding for my work on my Splendor motorcycle from my residence and when I reached Goa Velha market, a Kadamba Transport Corporation bus bearing Registration No.GA-01/X-0276 driven by Gunaji Shetgaonkar, the Respondent No.1 herein came in a rash and negligent manner and collided with the Splendor motorcycle ridden by me, as a result, I suffered from fractures of my right hand, right leg and other grievous