Team Herald
PANJIM: An accident victim has won an appeal of claim after nearly five years of legal battle with the High Court of Bombay at Goa reversing findings by Motor Accident Claims Tribunal over compensation.
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The High Court has also asked the Tribunals and Courts to be mindful while examining witnesses in accident claims.
Mary Fernandes had filed an appeal against the judgment and award in Claim Petition by which the Tribunal determined that she was entitled to compensation of Rs 48,000 provided she was to establish that the accident was due to the rashness and negligence of the Mahindra Jeep driver, Roque Soares. However, the Tribunal held that the appellant did not prove such rashness and negligence and dismissed the claim petition, through an order in October 2016.
During the hearing, Bench of Justice M S Sonak observed that an FIR was registered against the driver alleging the commission of offences under Sections 279 and 337 of Indian Penal Code. The complaint based on which this FIR was lodged had also alleged that under the influence of alcohol and without putting on the headlights at night, he drove the Mahindra Jeep in a rash and negligent manner, endangering human life.
As per the complaint, he dashed against the oncoming Honda Activa Scooter that was proceeding from Margao to Colva taking a turn towards right due to which the rider and Fernandes, who was the pillion sustained injuries. Both the accident victims had got their medical examination and deposed to the genesis of the accident.
The High Court noted that the jeep driver failed to step into the witness box and depose in the matter, despite taking a specific defence that the two-wheeler was on the wrong side.
