Advocates:
['ADV AMEY JAGDISH SINAI KAKODKAR', '', 'ADV RASIKA NAIK', 'ADV PANKAJ SHIRODKAR', 'ADV EMERICO ESTEVAM AFONSO', '', '', '', 'ADV SEBASTIANA FERNANDES', 'amp', 'ADV JEWELA NAIK', 'amp']

201-FA-100-2017 & FA-129-2017.DOC

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NOS.100 & 129 OF 2017

FIRST APPEAL NO.100 OF 2017

1. Mrs. Fransquinha Fernandes,

aged 48 years, Widow of Jose Fernandes,

r/o Hs. No.1241, Near Mount Mary Chappel,

Akhada, St. Estevam, Ilhas-Goa.

2. Master. Joel Fernandes,

aged 16 years,

(minor) S/o late Jose Fernandes,

r/o Hs. No.1241, Near Mount Mary Chappel,

Akhada, St. Estevam,

represented by his guardian

& mother Appellant No.1

3. Mr. Auspicio Fernandes,

aged 91 years, r/o Hs. No.1241,

Near Mount Mary Chappel, Akhada,

St. Estevam, Ilhas-Goa.

4. Mrs. Arcanzela Fernandes,

(since deceased), aged 74 years,

represented by her husband

Auspicio Fernandes Appellant No.3,

r/o Hs. No.1241,

Near Mount Mary Chappel,

Akhada, St. Estevam, Ilhas-Goa. ….Appellants

Versus

1. Mr. Anil M. Yadav,

Major, driver, C/o Ana Domilita,

Hs. No.23 Near Agarshala,

St. Francisco Wado,

St. Estevam, Ihas-Goa.

Page 1 of 12

2^nd February 2022

201-FA-100-2017 & FA-129-2017.DOC

2. Mr. William Fernandes,

S/o Alfred Fernandes,

R/o Hs. No.4/133, Porba Waddo,

Calangute, Bardez, Goa.

3. Bajaj Allainz General Insurance

Co. Ltd., Shop. No.5/F1 No.2,

Garden Centre Phase II,

Opposite Police Station,

Mapusa, Bardez Goa. ….Respondents

Mr. E. Afonso, Advocate for the Appellants.

Mr. Amey Kakodkar, Advocate for the Respondent No.3.

WITH

FIRST APPEAL NO.129 OF 2017

Bajaj Allainz General Insurance Co. Ltd.

Shop No.5/F1 No.2,

Garden Centre Phase II,

Opposite Police Station,

Mapusa, Bardez, Goa.

through its Authorised Signatory

Mr. Nilesh Subashchandra Gandhi

having office at 3 C D, Sesa Ghor,

Patto Plaza, Panaji, Goa. …. Appellant

Versus

1. Mrs. Fransquinha Fernandes,

aged 44 years, widow of Jose Fernandes,

r/o H.No.1241,

Near Mount Mary Chappel,

Akhada, St. Estevam, Ilhas Goa.

2. Mast. Joel Fernandes,

aged 12 years (minor),

s/o late Jose Fernandes,

r/o H.No.1241,

Near Mount Mary Chappel,

Page 2 of 12

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201-FA-100-2017 & FA-129-2017.DOC

Akhada, St. Estevam,

represented by his guardian

& mother applicant no.1.

3. Mr. Auspicio Fernandes,

aged 87 years, r/o H.No.1241,

Near Mount Mary Chappel,

Akhada, St. Estevam, Ilhas Goa.

4. Mrs. Arcanzela Fernandes,

aged 75 years, r/o H.No.1241,

Near Mount Mary Chappel,

Akhada, St. Estevam, Ilhas, Goa.

5. Mr. Anil M. Yadav,

major, driver, c/o Ana Domilita,

H.No.23, Near Agarshala,

St. Francisco Wado,

St. Estevam, Ilhas, Goa.

6. Mr. William Fernandes,

major of age, s/o Alfred Fernandes,

r/o H.No.4/133, Porba Waddo,

Calangute, Bardez, Goa.

7. Mr. Umakanta Mishra,

Resident of Narasingha Ballava,

Patana, Kumbharpada,

Tirio, State of Orissa,

Presently residing at Calangute,

Near Don Bosco High School,

Naikwado, Calangute, Bardez, Goa. …. Respondents

Mr. Amey Kakodkar, Advocate for the Appellant.

Mr. E. Afonso, Advocate for the Respondent Nos.1 to 4.

CORAM:

M. S. SONAK, J.

DATED:

3^rd FEBRUARY 2022

Page 3 of 12

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201-FA-100-2017 & FA-129-2017.DOC

ORAL JUDGMENT :

1.

Heard learned Counsel for the parties. Learned Counsel

for the parties agree that both these appeals can be taken up and

disposed of by a common judgment and order since they

challenge the judgment and award dated 21.02.2017 made in

Claim Petition No.92 of 2013.

2.

First Appeal No.100 of 2017 has been instituted by the

claimants seeking enhancement of compensation and First Appeal

No.129 of 2017 has been instituted by the Insurance Company,

inter alia, on the ground that there was no rashness and

negligence of the driver proved in this matter; there was a breach

of the terms of the insurance policy and, in any case, the

compensation and interest awarded are quite excessive.

3.

In this case, there is no dispute that Jose, who died in a

motor accident on 08.06.2013, was a fi