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driving licence, Valid RC, Permit and FC. It is contended
that, the petitioners are put to strict proof of the
actionable negligence against the driver of the Lorry in
causing the accident. The respondent No.2 contended
10 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
that, the rider of the motor cycle was solely responsible
for the alleged accident. It is further contended that, the
driver of the Lorry bearing Reg.No.KA-02-AD-8658 was
not holding valid and effective driving licence as on the
date of accident and the owner of the vehicle committed
the breach of terms and conditions of the policy. Hence
this respondent is not liable to pay the compensation to
the petitioners. This respondent specifically denied the
relationship of the petitioners with the deceased, age,
avocation, income of the deceased and called upon the
petitioners to prove the same with strict proof. The
compensation claimed by the petitioners are highly
excessive and exorbitant. For all these reasons, prayed to
dismiss both petitions with costs.
10. On the basis of the above pleadings and the
rival contentions of both the parties, the following issues
were framed :
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M.V.C.4650/2015 C/w 4651/2015
ISSUES in MVC No.4650/2015
1. Whether the petitioner proves that, the
accident that occurred on 22.09.2015
at about 6.45 p.m, near Mahimapura
Gate, on Bangalore-Tumkur Road,
NH-4, Bangalore, was caused due to
rash and negligent driving of the BBMP
Lorry bearing Reg.No.KA-02-AD-8658
by its driver and dashed against the
deceased Bajaj Discover Motor cycle
bearing Reg.No.KA-02-HA-1154, due to
the impact deceased succumbed to the
injuries at hospital and his wife died
on spot ?
2. Whether the petitioners are entitled
for the compensation ? If so, for what
amount and from whom ?
3. What order or award ?
ISSUES in MVC No.4651/2015
1. Whether the petitioner proves that, the
accident that occurred on 22.09.2015
at about 6.45 p.m, near Mahimapura
Gate, on Bangalore-Tumkur Road,
NH-4, Bangalore, was caused due to
rash and negligent driving of the BBMP
Lorry bearing Reg.No.KA-02-AD-8658
by its driver and dashed against the
deceased Bajaj Discover Motor cycle
bearing Reg.No.KA-02-HA-1154, due to
the impact deceased died on the spot
12 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
and her husband succumbed to the
injuries at hospital ?
2. Whether the petitioners are entitled
for the compensation ? If so, for what
amount and from whom ?
3. What order or award ?
11. In order to substantiate their cases, the
petitioner No.3 in MVC.4650/2015 being the party and
minor guardian of petitioner No.1 and 2 had been
examined as P.W.1, mean while he died and his LR i.e
petitioner No.3(a) impleaded and got herself examined as
P.W.2 and two witnesses have been examined as P.W.3
and P.W.4, got marked Ex.P.1 to Ex.P.28. Thereafter, the
petitioners closed their side evidence.
12. In order to rebut the evidence so placed by the
petitioners, the respondents have not chosen to adduce
evidence.
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M.V.C.4650/2015 C/w 4651/2015
13. Heard the arguments. Perused the materials
placed on record.
14. My findings on all the above issues in both the
cases are as under :
MVC No.4650/2015
Issue No.1 : In the Affirmative.
Issue No.2 : Partly in the affirmative.
The petitioner is entitled
for a total compensation
of Rs.12,09,800/-.
From the respondents
No.1 & 2.
Issue No.3 : As per final order.
MVC No.4651/2015
Issue No.1 : In the Affirmative.
Issue No.2 : Partly in the affirmative.
The petitioner is entitled
for a total compensation
of Rs.12,89,000/-.
From the respondents
No.1 and 2.
Issue No.3 : As per final order.
for the following :-
14 SCCH-24