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1967 Supreme(Goa) 14

V.S.JETLEY
New Zealand Insurance Company – Appellant
Versus
Krishna Naik – Respondent


Advocates:
B.F. D'Souza, for Appellants; N.S. Verlekar, for Respondent (1); Respondent (2) in person.

JUDGMENT : This is an appeal filed by the appellants against the award by the Claims Tribunal under Section 110B of the Motor Vehicles Act, 1939, whereby the Tribunal determined Rs. 3120 as the amount of compensation payable by the appellants.

2. The facts leading to this appeal may be broadly stated. It was on 5th February 1966 at about 10.30 p. m. that a boy Damodar was knocked down by a truck owned by appellant (2). The truck was driven by respondent (2). Damodar was on a bicycle when the accident occurred. He was rushed to the hospital where after medical treatment he was discharged on 9th February, 1966. The respondent (1), father of Damodar, moved the Claims Tribunal for compensation under Section 110A of the Motor Vehicles Act. The learned Judge presiding over the Tribunal examined Damodar, the respondent (1) and other evidence and then determined compensation as stated above.

3. Shri D'Souza, learned counsel for the appellants, attacks the award on various grounds, mentioned in the memorandum. He concedes that the respondent (2) was negligent while driving the truck. According to him the injuries received by Damodar did not result in permanent disablement and were not of a se









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