LAWS(BOM)-2010-7-227

FRANCISCO D SOUZA Vs. ROLANDO TRAVASSO

Decided On July 23, 2010
FRANCISCO D'SOUZA, MAJOR OF AGE, R/O SONARBHATT, DEAO, QUEPEM, GOA Appellant
V/S
ROLANDO TRAVASSO, MAJOR, S/O PASCAL TRAVASSO, R/O CONDI, QUEPEM, GOA. 2. UMESH POTKAR ALIAS POTEKAR, R/O BORIMOL, SIRVOI, QUEPEM, GOA Respondents

JUDGEMENT

(1.) By this appeal an exception has been taken to the Judgment and Award dated 1st June, 1998 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal. The present appellant is the second respondent in the Claim Petition filed by the first respondent under Section 110-A of the said Act of 1939 (hereinafter referred to as "the said Act of 1939"). The case made out by the first respondent is that on 25th December, 1988 at about 4.20 hours, the second respondent while plying an Auto-rickshaw caused the accident. The allegation is that the said respondent was driving the Auto-rickshaw in a rash and negligent manner. It is alleged in the Claim Petition is that the said Auto-rickshaw went off the road and turned turtle in the paddy filed on the side of the road. It is stated that the Auto-rickshaw was insured with the third respondent which was owned by the present appellant.

(2.) The third respondent, insurer of the Auto-rickshaw filed written statement denying that the second respondent was driving the Auto-rickshaw in a rash and negligent manner and that the third respondent admitted that the first respondent was a passenger travelling by the Auto-rickshaw. The third respondent pleaded that its liability was limited to Rs. 15,000.

(3.) The present appellant filed written statement contesting the claim made by the first respondent. He came out with the case that he had entrusted the Auto-rickshaw to Prakash Rajaram Pawaskar by executing a Power of Attorney as the appellant was a seaman. He stated that he never authorised the second respondent to ply the Auto-rickshaw on the date of the accident.