the goan I network
MARGAO
While awarding the compensation, the MACT ruled that Digambar, who was travelling from Arossim to Cavelossim, died of a violent impact caused due to high speed of the vehicle driven by Ashwin Gaonkar, respondent in the case. Digambar was also travelling in the same vehicle.
While the Kanchan had claimed a compensation of Rs 10 lakh, the MACT granted a sum of Rs 9.61 lakh, observing that this fact is partly proved to the extent of the compensation so awarded.
The three respondents to the petition before the Tribunal included Ashwin Gaonkar, who was driving the car, Cholamanadalam Insurance Company, Chennai and National Insurance Co Ltd, Margao.
The case in question dates back to September 7, 21013, when the deceased succumbed to his injuries which he sustained in a car accident at railway crossing at Cavelossim. The accident occurred when the deceased who was travelling in a Ford Figo car driven by Ashwin went off the road at Cavelossim thereby killing the deceased.
The Tribunal upheld the contention that the car was being driven at a fast speed by relying on the deposition of an eye witness to the accident. Moreover, the MACT also drew an adverse in reference against the driver of the car stating that he did not enter the witness box to narrate how the accident took place.
While deciding the amount of compensation to be granted, the MACT relied on the age of the deceased at the time of the accident and his earnings at the time of his demise.
Taking all these factors into consideration, the operative part of the MACT judgement read as under: “The claimant is awarded the compensation of Rs 9.61 lakh along with simple interest thereon at the rate of 9% per annum from the date of registration of the claim till the final payment and her costs.”
