ABHISHEK RANKA Vs. ASHWATHA

JUDGEMENT

(1.) The appellant filed before the First Addl. Small Causes Court and MACT, Bangalore claiming compensation for the death of one Inderchand Ranka in the motor accident. On 18.09.2014 at 7.p.m. when Inderchand Ranka was crossing the road near Cholarapalya junction, bus bearing registration No.KA-11-7303 hit him and caused his death. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending bus.

(2.) The appellant contended that the accident occurred due to rash and negligent driving of the driver and that Inderchand Ranka was his grand father and he is his dependant. He contended Inderchand Ranka was working as chief finance Officer in Bentlely & Remington Private Limited and earning Rs.84,000/- p.m. and claimed compensation of Rs.20 Lakhs towards loss of dependency, funeral expenses etc.

(3.) Respondent Nos.1 and 2 contested the matter denying rashness and negligence on the part of the driver in driving the bus and maintainability of petitions. They contended that Inderchand Ranka himself was negligent in crossing the road and accident occurred due to his negligence. They denied occupation and income of the deceased and that the appellant is his relative and dependent. The 2nd respondent- Insurer denied issuance of the policy and its validity. It further contended that its liability, if any is subject to the valid and effective driving licence of the driver, fitness certificate and permit of the vehicle etc.