CHANDRAKANT G. NAIK Vs. SHAIKH IMAM

JUDGEMENT

(1.) Heard Mr Pai for the Appellant; Ms Rosette Pereira for Respondents No.1 and 2; Ms Salkar for Respondent No.3.

(2.) The Appellant -Claimant challenges the Judgment and Award dtd. 21/9/2015, made by the Motor Accident Claims Tribunal, at Margao (Tribunal), dismissing his Claim Petition No.40/2013.

(3.) The Tribunal has held that the Claimant failed to prove that the accident was caused due to the rashness and negligence of Respondent No.2, i.e. the driver of the Indigo Manza car bearing registration No.GA-08-F-6369. Upon recording this finding, the Tribunal did not even bother to compute the compensation to which the Claimant would have otherwise been entitled. This approach of the Tribunal is contrary to the law laid down by the Hon'ble Supreme Court in Agricultural Produce Marketing Committee, Bangalore vs State of Karnataka and ors., 2022 SCC OnLine SC 342. In this case, the Hon'ble Supreme Court has referred to its earlier decisions that the Courts/Tribunal must decide all issues together and avoid shortcuts.