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2022 Supreme(Bom) 658

M.S.SONAK
Navin C. Naik, S/o. Mr. Chandrakant Naik – Appellant
Versus
Archana Ramdas Sapekar, W/o. late Mr. Antonio Rosario – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mahesh Amonkar, Advocate
For the Respondent:Mr. Milton Marshal, Advocate

JUDGMENT :

1. Heard the learned Counsel for the parties.

2. This appeal challenges the judgment and award dated 25.10.2016 in Claim Petition No.102/2014 made by the Motor Accident Claims Tribunal, North Goa (Tribunal), awarding the claimants Archana, widow of late Antonio Fernandes, and Elrio, minor son of Antonio, compensation of Rs.14,17,000/-on account of a vehicular accident that took place on 14.10.2012.

3. The accident was between a Hero Honda motorcycle bearing registration no.GA-07-B-0010 that Antonio was riding and Pulsar motorcycle bearing registration no.GA-07-A-4574 that one Viniket Kanapeni was riding. The evidence on record now bears out that Viniket was a minor, having no driving license. Unfortunately, Viniket also died in the same accident.

4. The Tribunal, by the impugned award, has fastened the liability on Navin C. Naik, the appellant herein, who is admittedly the owner of the Pulsar motorcycle. Hence, this appeal.

5. Mr. Amonkar, at the outset, made it clear that the appellant was not questioning the quantum of compensation awarded by the Tribunal. He, however, submitted that in this case, there is no evidence whatsoever either about the involvement of the Pulsar mo

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