Goa Court: Insurance Company Fails to Reduce ₹1.31 Crore Compensation in Scooter Accident

Here's a story about a court case from Goa, where the National Insurance Company tried to overturn a decision but didn’t succeed. Let’s dive into what happened.

The Accident and Initial Ruling

On January 17, 2021, a tragic accident occurred on the road between Saligao and Calangute in Goa. Mario Bernard Fernandes, riding his Activa scooter, collided with a Toyota Qualis. The Motor Accidents Claims Tribunal in North Goa decided on January 30, 2024, that the insurance company needed to pay a large compensation of ₹1,31,98,000 to Bernard's mother, Mrs. Conciecao Especiosa Mariana Fernandes. The insurance company wasn’t happy with this decision and challenged it.

Insurance Company’s Arguments

Mrs. Catarina L. Alvares, speaking for the National Insurance Company, argued that the accident was Bernard’s fault. They claimed he drove carelessly from a side road onto the main road without wearing a helmet. They also mentioned that Bernard was not working at the time, questioning the amount of money they had to pay.

"The evidence on record suggests that it was Bernard who was careless," said Ms. Yadika Mandrekar, the lawyer for the insurance company.

Counterarguments from Bernard's Side

Mr. Milton Marshal, speaking for Bernard's mother, argued that the Qualis was speeding and passing other vehicles recklessly. He pointed out that the police investigation was not thorough and that Bernard was indeed working as a cook on a cruise ship before the pandemic affected his job.

Eyewitness Accounts

Eyewitnesses Gabriel Fernandes and Austin Fernandes said that the Qualis was speeding and passing other cars when the accident happened. They described how the Qualis hit the scooter, causing it to slide back several meters.

Court's Decision

Judge M. S. Sonak ruled against the insurance company, stating that the evidence showed the Qualis was at fault. The court found no reason to change the amount of money to be paid, dismissing the appeal on December 24, 2025.

Outcome

The court allowed Mrs. Fernandes to take out the compensation money deposited by the insurance company, along with any interest that had built up. The appeal was dismissed, and the insurance company’s efforts to lower the compensation were unsuccessful.