- (1.)THE appeal arises out of the award passed by the Motor Accident Claims Tribunal in Claim Petition No. 66 of 2005 on 22/01/2008. The appeal is by the original claimant who is dissatisfied by the quantum of the compensation granted by the Tribunal.
(2.)THE relevant facts are: The accident took place on 1st March, 2005. The claimant, along with his friend, was going on a scooty and the truck which was driven by the respondent no.1 hit the scooty from its rear side and dragged the scooty along with the claimant and the pillion rider to a distance of two metres, causing injuries as mentioned in the Claim Petition. The claimant has stated that at that time his age was 21 years and he was working as a Supervisor with M/s. Three Stars Contractors, K. K. Products, Ponda, Goa and was receiving Rs.4,500/ - per month as salary plus he was getting other allowances. The claimant had made claim of Rs.7,00,000/ - towards the compensation in the Claim Petition but after the evidence was recorded and the matter was fixed for arguments, the claimant had filed an application for amendment and sought compensation of Rs. 12,00,000/ -.
The respondent no.1, who was driving the truck and the respondent no.2, the owner of the truck, filed joint written statement opposing the claim of the claimant. They stated that the claimant has without noticing the traffic coming from the rear side, abruptly stopped his motorcycle in the middle of the road which was never expected by the respondent no.1 and because of this the accident had occurred. Alternatively, it is submitted by the respondent no.1 and respondent no.2 that the claimant has also to be held liable for the contributory negligence on his part. It is stated that the truck was insured with the respondent no.3 and, therefore, if any liability is fixed, then the respondent no.3 would be liable to pay the compensation.

(3.)THE respondent no.3 filed its written statement and admitted that the truck was insured with it at the time of the accident. The respondent no.3 submitted that its liability to pay the compensation would arise only if it was proved that the accident had occurred due to the rash and negligent driving of the vehicle.