First Appeal No. 31 of 2012. Case: Perfeta and Ors. Vs Dilip Galande and Ors.. High Court of Bombay (India)
| Case Number | First Appeal No. 31 of 2012 |
| Counsel | For Appellant: E. Afonso, Advocate |
| Judges | K. L. Wadane, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XVIII Rule 4 |
| Judgement Date | June 09, 2015 |
| Court | High Court of Bombay (India) |
Judgment:
K. L. Wadane, J.
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The present appeal is presented by the original claimants against the judgment and award passed by the learned Presiding Officer, M.A.C.T., Panaji (hereinafter referred to as 'Presiding Officer') in Claim Petition No. 107/2007 dated 10/02/2011, by which the claim petition of the claimants is partly allowed and compensation of Rs. 6,28,500/- is granted to the claimants along with interest at the rate of 9% p.a. The claimants / appellants have presented this appeal mainly on the ground that the amount of compensation awarded to them is very meagre and disproportionate to the earning of the deceased.
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Brief facts of the case may be stated as follows:
(Parties are referred to their original status)
The son of the claimants namely Raymond Anthony Marques, aged about 20 years, a sportsman - footballer was riding on his motorcycle bearing registration No. GA 01 / B 6913 (hereinafter referred to as 'motorcycle') on national highway No. 17. When he reached at the spot of accident i.e. at Savorikode, one bus bearing registration No. MH 04 / G 5540 (hereinafter referred to as 'bus') was proceeding in the same direction and ran over him and crushed him to death on the spot. The accident occurred due to rash and negligent driving of bus by its driver - respondent No. 1. Therefore the offence is registered against him.
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Deceased Raymond was top class sportsman - footballer owned several State awards. He represented the Goa State in a National and International football game. He was a regular football player of the Sporting Clube De Goa and was earning Rs.18,000/- per month. He had participated in International game at Portugal. So, according to the claimants, their son deceased Raymond was a very good sportsman having bright future in the field of sports. Therefore, they have claimed lump-sum compensation of Rs. 25,00,000/-.
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The Respondent No. 3 - Insurance Company resisted the claim petition by filing its written statement at Exh.25 and it has denied the age, occupation and income of the deceased the manner in which the accident is occurred and compensation claimed. However, it has admitted the contents of Para Nos. 15 to 17 and it has further pleaded that the accident occurred due to negligence of the deceased himself. The respondent No. 3 admitted the insurance of the vehicle involved in the accident. However, its liability is strict as per the terms and conditions of the policy. The respondent was not holding...
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