NATIONAL INSURANCE CO LTD Vs. ASHWINI BALU GAUDE

JUDGEMENT

(1.) This appeal arises out of Judgment and Award dated 21/4/2006, passed by the learned Motor Accident Claims Tribunal, at Mapusa ("Claims Tribunal", for short), in the Claim Petition no. 77 of 2004, whereby the petition has been partly allowed.

(2.) The parties shall be referred to in the same manner as they appear in the said Claim Petition.

(3.) The case of the claimants was that the husband of the claimant no. 1 and father of the claimants no. 2 and 3, since deceased, namely Balu Gaude, was working as labourer and on 26/5/2004 he was carrying the goods in the Pickup, bearing registration no. GA-01-U-0562, hired for the said purpose, after the marriage at Valpoi and the Pickup was proceeding to Valpoi and on reaching Rajmyachi Kond at Velgem at 14.15 hours, an accident occurred due to rash and negligent driving of the said Pickup by respondent no. 2. The result was that the Pickup turned turtle causing grievous injuries to the inmates including deceased Balu.