Bangalore District Court
Smt.Pusha Noronha vs In All The Cases : 1. M/S United India ... on 6 June, 2022
SCCH-20 1 MVC No.655, 656, 657 & 658/ 2021
BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL & V
ADDITIONAL JUDGE (SCCH.20), Mayohall Unit,
Bangalore.
Dated this the 6th day of June 2022
Present: Smt.Sharmila C.S. BA.L., LL.M
V Addl. Small Causes Judge,
& XXIV A.C.M.M.
M.V.C.No.655/2021 C/w 656/2021, 657/2021
& 658/2021
PETITIONERS: 1. Smt.Pusha Noronha,
(MVC.655/2021) W/o L.A.Noronha,
Aged about 70 years,
Residing at ; Old No.71, New NO.32
Palaiyakaran Street, Ayanavaram
Chennai, Tamil Nadu 600023
PETITIONERS: 1. Master Steve Savio Lincoln
(MVC.656/2021) S/o John Charles Lincoln
Aged 09 years,
Residing at : old No.71/32,
Palaiyakaran Street, Ayanavaram,
Channai, Tamil nadu600023
(P being a minor represented by
his mother and natural guardian
Smt.Lorraine Ann lincoln)
PETITIONER: Kum.Steffi Sarah Lincoln
(MVC.657/2021) D/o John Charles Lincoln
Aged 12 years,
Residing at : old No.71/32,
Palaiyakaran Street, Ayanavaram,
SCCH-20 2 MVC No.655, 656, 657 & 658/ 2021
Channai, Tamil nadu600023
(P being a minor represented by
her mother and natural guardian
Smt.Lorraine Ann lincoln)
PETITIONER: Smt.Lorraine Ann Lincoln,
(MVC.658/2021) W/o John Charles Lincoln,
Aged 41 years,
Residing at : old No.71/32,
Palaiyakaran Street, Ayanavaram,
Channai, Tamil nadu600023
(By Sri.T.Manjunath, Advocate )
V/s
COMMON
RESPONDENTS
In all the cases : 1. M/s United India Insu.Co.Ltd.,
Motor Claim hub,
No.18, 6th floor,
near Krushi Bhavana Hudson
Circle, Bangalore - 560001
2. M/s Rayan Cabs
No.139, Old Airport Road,
Shop No.8 and 11 lower level
Basement oxford Towers,
Bangalore - 560008
(R1 By Sri. V.Rajashekara Reddy)
(R2 Exparte)
SCCH-20 3 MVC No.655, 656, 657 & 658/ 2021
COMMON JUDGMENT
These four petitions are arising out of the same accident
and therefore, the three cases in no.656/2021, 657/2021
and 658/2021 have been clubbed along with MVC
No.655/2021 and thus disposed off by a common judgment.
2. The petitioners are praying compensation U/s 166 of
the MV Act for injuries sustained in the said road accident.
3. The brief facts of petitioner's case in all the cases are
as under:
That on 02032020 at about 9.30 p.m., the petitioners
were travelling in a auto rickshaw bearing No.KA05AH
8378, on Old madras road, near Hanging bridge, Bangalore
city, while a TATA Sumo bearing Reg.No.KA03AD6620
came in a rash and negligent manner and dashed against
said petitioners autorickshaw. Due to impact of the accident,
petitioner and other inmates fell down and sustained several
grievous injuries.
SCCH-20 4 MVC No.655, 656, 657 & 658/ 2021
In MVC No.655/2021: The petitioner was aged about
70 years at the time of accident and she was hale and healthy
and working as a Tailor and earning a sum of Rs.1,000/ per
day. Thus prays for a compensation of Rs.20,00,000/.
In MVC No.656/2021: The minor petitioner was aged
about 9 years at the time of accident and he was hale and
healthy and studying 3rd standard and thus prays for a
compensation of Rs.20,00,000/.
In MVC No.657/2021: The minor petitioner was aged
about 12 years at the time of accident and she was hale and
healthy and studying 8th standard and thus prays for a
compensation of Rs.20,00,000/.
In MVC No.658/2013: The petitioner was aged about
41 years at the time of accident and she was hale and healthy
and running a canteen and earning a sum of Rs.35,000/ per
month. Thus prays for a compensation of Rs.20,00,000/.
SCCH-20 5 MVC No.655, 656, 657 & 658/ 2021
4. The respondent No.1 has filed the written statement
and submits that the alleged vehicle of the respondent was
not at all involved in the accident and only to get
compensation, has filed false petition. Further submits that
there is negligence on the part of the petitioner in causing
accident. Thus has sought for dismissal of the petition. The
respondent No.2 being the owner of the vehicle did not
appear and thus was placed exparte.
5. By going through the petition averments and the
written statement contentions, the following issues were
framed.
ISSUES
In MVC No.655/2021
1.Whether the petitioner proves that on
02.03.2020 at about 09.30 PM, the
petitioner was traveling in a auto rickshaw
bearing No.KA05AH8378 on Old madras
road, near Hanging Bridge service road,
Bangalore while a TATA Sumo bearing
No.KA03AD6620, came in a rash and
negligent manner so as to endanger human
life came at high speed and dashed against
SCCH-20 6 MVC No.655, 656, 657 & 658/ 2021
the Auto rickshaw, as a result of forced
impact, the petitioner and other inmates of
the vehicle were sustained grievous injuries?
2. Whether the petitioner is entitled for
compensation? If so, to what amount and
from whom?
3. What order or award?
In MVC No.656/2021
1. Whether the petitioner proves that on
02.03.2020 at about 09.30 PM, the
petitioner was traveling in a auto
rickshaw bearing No.KA05AH8378 on
Old madras road, near Hanging Bridge
service road, Bangalore while a TATA
Sumo bearing No.KA03AD6620, came
in a rash and negligent manner so as to
endanger human life came at high speed
and dashed against the Auto rickshaw, as
a result of forced impact, the petitioner
and other inmates of the vehicle were
sustained grievous injuries?
2. Whether the petitioners are entitled for
compensation? If so, to what amount and
from whom?
3. What order or award?
In MVC No.657/2021
1. Whether the petitioner proves that on
SCCH-20 7 MVC No.655, 656, 657 & 658/ 2021
02.03.2020 at about 09.30 PM, the
petitioner was traveling in a auto
rickshaw bearing No.KA05AH8378 on
Old madras road, near Hanging Bridge
service road, Bangalore while a TATA
Sumo bearing No.KA03AD6620, came
in a rash and negligent manner so as to
endanger human life came at high speed
and dashed against the Auto rickshaw, as
a result of forced impact, the petitioner
and other inmates of the vehicle were
sustained grievous injuries?
2. Whether the petitioner is entitled for
compensation? If so, to what amount and
from whom?
3. What order or award?
In MVC No.658/2021
1. Whether the petitioner proves that on
02.03.2020 at about 09.30 PM, the
petitioner was traveling in a auto
rickshaw bearing No.KA05AH8378 on
Old madras road, near Hanging Bridge
service road, Bangalore while a TATA
Sumo bearing No.KA03AD6620, came
in a rash and negligent manner so as to
endanger human life came at high speed
and dashed against the Auto rickshaw, as
a result of forced impact, the petitioner
and other inmates of the vehicle were
sustained grievous injuries?
2. Whether the petitioner is entitled for
SCCH-20 8 MVC No.655, 656, 657 & 658/ 2021
compensation? If so, to what amount and
from whom?
3.What order or award?
6. In order to prove their cases, petitioner in M.V.C.
No.655/2021 was examined as PW1 and the petitioner in
MVC.658/2021 has been examined as PW.2 and 3 and two
doctors has been examined as PW4 and 5 and have got
marked 38 documents in all four cases. The respondent No.1
examined its driver as RW1.
7. Heard arguments of learned Counsels for petitioner
and respondents in all the cases.
8. My findings on the above issues in all the cases are as
follows:
Issue No.1 : In Affirmative(in all the cases)
Issue No.2 : In affirmative (in all the cases)
Issue No.3 : Partly in affirmative( in all the cases )
From the respondent No.1.
Issue No.4 : As per final order for the following
(in all the cases):
SCCH-20 9 MVC No.655, 656, 657 & 658/ 2021
REASONS
9. Issue No.1 (in all four cases): These four issues are
taken up together for common discussion since all the four
issues are related to the same incident.
According to the petitioners in all cases, that on 0203
2020 at about 9.30 p.m., the petitioners were travelling in a
auto rickshaw bearing No.KA05AH8378, on Old madras
road, near Hanging bridge, Bangalore city, while a TATA
Sumo bearing Reg.No.KA03AD6620 came in a rash and
negligent manner and dashed against said petitioners
autorickshaw. Due to impact of the accident, petitioner and
other inmates fell down and sustained several grievous
injuries.
10. In order to prove this fact, the petitioner in
MVC.655/2021 has been examined as PW1 and the natural
guardian of the petitioner in MVC.656/2021 and 657/2021
and herself in MVC No.658/2021 examined as PW.2 to PW3
and Dr.Nagaraj.B.N. and Dr.Antony Robert Charles were
SCCH-20 10 MVC No.655, 656, 657 & 658/ 2021
examined as PW.4 and PW5 and have filed their affidavits in
lieu of their chief examination and have got marked 38
documents in all these petitions. The PW1 by stating the
averments of plaint has produced copy of FIS as Ex.P.2 which
is lodged by Smt.Lorraine Ann Lincoln the mother of the
petitioner in MVC No.655/2021 who submits that she along
with her children and thier mother were traveling in the
Autorickshaw bearing NO.KA05AH8378 and was going to
their house while the offending vehicle came from the
opposite direction and caused the accident. The complaint
was lodged 2 days after the accident i.e., on 04.03.2020 for
which she has also assigned the reason that she along with
the other petitioners were under treatment. The FIR is lodged
as per the Ex.P.1 based upon the said FIS. The MLC/ police
intimation for the MLC has been issued by the New Janapriya
Hospital to the station officer of Ramamurthy nagar police
station by submitting that the petitioners were brought to
their hospital at about 09.30 PM on 02.03.2020 and are in
the accident and emergency Deparment. The panchanama as
SCCH-20 11 MVC No.655, 656, 657 & 658/ 2021
per Ex.P.4 which along with the sketch Ex.P.4(a) shows that
the TATA Sumo which came from opposite direction moved
towards right side and has caused accident while the
autorickshaw was moving straight towards the left side. The
MVA report produced as Ex.P.5 shows that both the vehicles
I..e, autorickshaw and TATA Sumo were damaged at the front
portion and the accident was not due to any mechanical
defects of the said motor vehicles. The final report is against
the driver of the TATA Sumo alleging the offences punishable
under section 279, 338 and 134(A & B) and 187 of IMV Act.
All these documents point out towards negligence on the part
of the driver of the offending vehicle who has caused
accident.
11. The main defence taken up by the respondent is that
there is negligence on the part of the driver of the
autorickshaw in which the petitioners were traveling and the
said driver of autorickshaw is not made as party to this
petition who is liable to pay the compensation to the
SCCH-20 12 MVC No.655, 656, 657 & 658/ 2021
petitioners. In this regard the PW1 and 2 are cross examined
by the counsel for the petitioners where nothing could be
elicited regarding the negligence of the driver of the
autorickshaw. The PW1 and PW2 were traveling in the said
autorickshaw. The PW2 is the mother of the petitioners in
MVC No.656/2021 and 657/2021. Further the driver of TATA
sumo was examined as RW1. Who has deposed in his chief
examination that he was driving slowly, but the autorickshaw
driver was driving the vehicle at a speed of 40 to 50 kmph.
Further when he was subjected to cross examination, has
admitted that he never tried to lodge FIS against the driver of
the autorickshaw and also admits that the charge sheet is
filed against him. No where it is stated by the respondent or
owner of the TATA Sumo before the police that the accident
occurred due to the negligence on the part of the driver of
the Autorickshaw.
12. The sketch clearly shows that the road was a service
road and that the TATA Sumo came from opposite direction
SCCH-20 13 MVC No.655, 656, 657 & 658/ 2021
which moved towards right side and caused the accident. The
owner of the said TATA sumo vehicle is absent and nothing
could be elicited by the RW1 regarding the negligence of the
autorickshaw driver. The documents are very much clear and
points out the offence towards the driver of the TATA Sumo,
the respondent NO.2, as discussed above. Thus this court
has to come to the conclusion that the accident occurred due
to the negligence on the part of the driver of the respondent
No.1 and thus the issue No.1, is answered in all the cases in
Affirmative.
13. Issue No.2 (in MVC No.655/2021): The petitioner
is claiming a compensation of Rs.20,00,000/, for the injuries
sustained in the accident. The petitioner submits that she
was working as tailor and was earning Rs.1,000/ per day.
But she has not given any details as to the same or the bank
statement if any to show the regular income. In this situation,
the notional income of Rs.14,000/ can be considered.
SCCH-20 14 MVC No.655, 656, 657 & 658/ 2021
14. As per the Adhaar card of the petitioner, Ex.P.10,
her date of birth is 22.04.1959 and thus her age as on the
date of the accident was 62 years and appropriate multiplier
for the said age is 07. But whether the petitioner is
permanently disabled to do the future work by the alleged
accident is to be seen.
15. The doctor by name Dr.Nagaraj.B.N who has
examined the petitioner has assessed the total disability of
the arm at 26% and whole body disability as 9%, and further
has deposed that the petitioner sustained sternoclavicular
joint dislocation, left 2nd, 3rd, 4th metatarsal neck fracture,
right forearm contusion, contusion to the head, abdoman
with cut lacerated wound left hand and submitted that the
fractures are united, but implants are not removed. Nothing
is elicited to doubt the credibility of the doctor and with the
assessment given by him, where there is only suggestion that
he has assessed falsely to assist the petitioner to get higher
compensation. Therefore, when the petitioner is diagnosed
SCCH-20 15 MVC No.655, 656, 657 & 658/ 2021
with the total disability of the left arm to an extent of 26%,
would definitely hamper her work of tailoring where she has
to work the whole day. The whole body disability is thus
assessed as 10%. Therefore, by all these, considering the
fracture of right lower limb and coupled with the entire body
disability, an disability can be considered to an extent of
10%. Thus loss of future income can be calculated as under.
14,000X12X7X10%=Rs.1,17,600/
16. As per the available materials on record, Ex.P.9, the
medical expenses would tune to Rs.63,950/, including the
hospital charges, which she is entitled to under the head of
medical expenses and hospital charges. As per PW4, who
has deposed in his examination in chief, the petitioner
requires removal of implantation, which may cost around
Rs.60,000/.. There is no proper estimation provided for
arrival of the calculation. The same may also be lessened
depending upon the hospital. Thus an amount of Rs.30,000/
can be awarded for the removal of the implantation, the
future treatment,
SCCH-20 16 MVC No.655, 656, 657 & 658/ 2021
17. The wound certificate is marked as Ex.P6 and the
discharge summary is marked as Ex.P.8, shows that the
petitioner was admitted from 02.03.2020 to 07.03.2020 for
about 6 days and has sustained fracture of the right arm.
which is grievous in nature. Immediately after the accident,
the petitioner was admitted to Janapriya Hospital, Bangalore
and was inpatient till 07.03.2021. Thus the petitioner may be
expected to be in the bed rest for a period of one month, by
which she is entitled for loss of pay for a period of one month.
Considering this, the petitioner is entitled for Rs.50,000/
towards pain and sufferings, Rs.6,000/ towards food and
nourishment charges, Rs.6,000/ towards conveyance
charges, and Rs.6,000/ towards attendant charges and
Rs.15,000/ towards loss of amenities.
18. Thus, the petitioner is entitled for just and
reasonable compensation as under:
1 Pain and sufferings Rs.50,000/
2 Medical expenses and hospital charges Rs.63,950/
SCCH-20 17 MVC No.655, 656, 657 & 658/ 2021
3 Food and nourishment Rs.6,000/
4 Conveyance charges Rs.6,000/
5 Attendant charges Rs.6,000/
6 Loss of amenities Rs.30,000/
7 Loss of income during laid up period Rs.14,000/
8 Loss of future income Rs.1,17,600/
14000x12x7x9%
9 future medical expenses Rs.30,000/
TOTAL Rs.3,23,550/-
In all the petitioner is entitled for compensation of
Rs.3,23,550/ which can be rounded to Rs.3,24,000/.
19. Issue No.2 (in MVC No.656/2021): The petitioner
is claiming a compensation of Rs.20,00,000/, for the injuries
sustained in the accident. The petitioner represented by
natural guardian submits that he was studying in 3rd
standard at St.Anthony's public school. But he has not lost
any academic year during accident time.
20. As per the Adhaar card of the minor petitioner,
Ex.P.15, his date of birth is 19.06.2011 and thus his age as
on the date of the accident was 9 years and represented by
his natural guardian mother. The petitioner is minor and
cannot expected to earn in this age. However these is loss of
SCCH-20 18 MVC No.655, 656, 657 & 658/ 2021
academic year and still going to school, because there is no
loss of income.
21. As per the available materials on record, Ex.P.14,
the medical expenses would tune to Rs.1,40,204/, including
the hospital charges, which he is entitled to under the head
of medical expenses and hospital charges.
22. The wound certificate is marked as Ex.P12 and the
discharge summary is marked as Ex.P.13, shows that the
petitioner was admitted from 03.03.2020 to 06.03.2020 for
about 4 days and has sustained sustained fracture to
abdomen and blunt fracture to nose. which is grievous in
nature. Immediately after the accident, the petitioner was
admitted to Janapriya Hospital, Bangalore and was inpatient
till 06.03.2021. The petitioner may be expected to be in the
bed rest for a period of one month ad the mental agony
suffered cannot be compensated in terms of money.
Considering this, the petitioner is entitled for Rs.50,000/
SCCH-20 19 MVC No.655, 656, 657 & 658/ 2021
towards pain and sufferings, Rs.4,000/ towards food and
nourishment charges, Rs.4,000/ towards conveyance
charges, and Rs.4,000/ towards attendant charges.
23. Thus, the petitioner is entitled for just and
reasonable compensation as under:
1 Pain and sufferings Rs.50,000/
2 Medical expenses and hospital charges Rs.1,40,204/
3 Food and nourishment Rs.4,000/
4 Conveyance charges Rs.4,000/
5 Attendant charges Rs.4,000/
TOTAL Rs.2,02,204/-
In all the petitioner is entitled for compensation of
Rs.2,02,204/ which can be rounded to Rs.2,03,000/.
24. Issue No.2 (in MVC No.657/2021): The minor
petitioner is claiming a compensation of Rs.20,00,000/, for
the injuries she sustained in the accident. The petitioner
submits that she was studying in 8 th standard at
St.Anthony's public school. The petitioner is a child and does
not know what avocation she would avail in future. Thus the
notional income to an extent of Rs.14,000/ can be
SCCH-20 20 MVC No.655, 656, 657 & 658/ 2021
considered.
25. As per the Adhaar card of the petitioner, Ex.P.31,
her date of birth is 12.07.2007 and thus her age as on the
date of the accident was 13 years.
26. The doctor by name Dr.Antony Robert Charles who
has examined the petitioner has assessed the total disability
of body and to the kidney at 50% and further has deposed
that the petitioner sustained grade III liver injury, grade V
right renal injury, grade I pancreatic injury, Duodenal
perforation S/p repair and feeding jejunostomy. Nothing is
elicited to doubt the credibility of the doctor and with the
assessment given by him. The counsel for the respondent
has suggested to the doctor that the kidney can be
transplanted. Admittedly the kidney can be transferred and
transplanted to the minor girl, but the sustainability of such
a heavy surgery to the said minor girl and availability of the
kidney from other people, also is to be seen which requires
SCCH-20 21 MVC No.655, 656, 657 & 658/ 2021
heavy amount. Bearing of the petitioner with one kidney has
the effect of causing hypertension and other disabilities. The
petitioner being a minor cannot be expected mentally also to
be in a normal condition like others children which restricts
her in all further activities causing hindrance and cannot be
compensated for loss which she has sustained. It is also well
admitted that if any problem occurs in future to the other
kidney, the petitioner would be unable to bear the problem,
which may lead to some other futile consequences. Therefore
the petitioner is entitled for expenses, if any requires, which
includes transplantation of kidney to an extent of
Rs.5,00,000/ in future. Therefore, when the petitioner is
diagnosed with the total disability of the kidney to an extent
of 50%, would definitely hamper her day to day activities
where she has to live the whole lifetime. The whole body
disability is assessed as 50%. Therefore, by all these,
considering coupled with the entire body disability, an
disability can be considered to an extent of 50%. Thus loss of
future income can be calculated as under.
SCCH-20 22 MVC No.655, 656, 657 & 658/ 2021
14,000X12X14X50%=Rs.11,76,000/
27. As per the available materials on record, Ex.P.22,
the medical expenses would tune to Rs.8,50,981/, including
the hospital charges, which she is entitled to under the head
of medical expenses and hospital charges. As per PW5, who
has deposed in his examination in chief, the petitioner
requires re plantation of kidney. There is no proper
estimation provided for arrival of the calculation. The same
may also be lessened depending upon the hospital.
28. The wound certificate is marked as Ex.P.17 and the
discharge summary is marked as Ex.P.18, shows that the
petitioner was admitted from 03.03.2020 to 16.03.2020 for
about 14 days and she was treated twice at Bangalore
Orthopaedic and Surgical Hospital on 25.11.2021 and again
she was treated from 17.12.2021 to 18.12.2021 and has
sustained grade III liver injury, grade V right renal injury,
grade I pancreatic injury, Duodenal perforation S/p repair
and feeding jejunostomy. Immediately after the accident, the
petitioner was admitted Janapriya Hospital, Bangalore and
SCCH-20 23 MVC No.655, 656, 657 & 658/ 2021
was shifted to Rainbow children hospital and again she was
admitted to Bangalore orthoeadic and surgical hospital, the
petitioner may be expected to be in the bed rest for a period of
six months. Considering this, the petitioner is entitled for
Rs.2,00,000/ towards pain and sufferings, Rs.17,000/
towards food and nourishment charges, Rs.17,000/ towards
conveyance charges, and Rs.17,000/ towards attendant
charges and Rs.1,00,000/ towards loss of amenities.
29. Thus, the petitioner is entitled for just and
reasonable compensation as under:
1 Pain and sufferings Rs.2,00,000/
2 Medical expenses and hospital charges Rs.8,50,981/
3 Food and nourishment Rs.17,000/
4 Conveyance charges Rs.17,000/
5 Attendant charges Rs.17,000/
6 Loss of amenities Rs.1,00,000/
7 Loss of income during laid up period Rs.84,000/
8 Loss of future income Rs.11,76,840/
14000x12x7x9%
9 Loss of kidney Rs.5,00,000/
TOTAL Rs.29,62,821/-
In all the petitioner is entitled for compensation of
Rs.29,62,821/ which can be rounded to Rs.29,63,000/.
SCCH-20 24 MVC No.655, 656, 657 & 658/ 2021
30. Issue No.2 (in MVC No.658/2021): The petitioner
is claiming a compensation of Rs.20,00,000/, for the injuries
sustained in the accident. The petitioner submits that she
was running a canteen and thereby she was earning
Rs.35,000/ per month. But she has not given any details as
to the same or the bank statement if any to show the regular
income. In this situation, the notional income of Rs.14,000/
can be considered.
31. As per the Adhaar card of the petitioner, Ex.P.30,
her date of birth is 27.11.1979 and thus her age as on the
date of the accident was 42 years and appropriate multiplier
for the said age is 14. But whether the petitioner is
permanently disabled to do the future work by the alleged
accident is to be seen.
32. The doctor by name Dr.Nagaraj.B.N who has
examined the petitioner has assessed the total disability of
left lower limb at 47% and whole body disability as 16%, and
SCCH-20 25 MVC No.655, 656, 657 & 658/ 2021
further has deposed that the petitioner sustained cut
lacerated wound forehead with closed segmental comminuted
fracture of the left femur and submitted that the fractures
are united, but implants are not removed. Nothing is elicited
to doubt the credibility of the doctor and with the assessment
given by him. Therefore, when the petitioner is diagnosed
with the total disability of the left arm to an extent of 47%,
would definitely hamper her work of running a canteen where
she has to work the whole day. The whole body disability is
assessed as 16%. Therefore, by all these, considering the
fracture of left lower limb and coupled with the entire body
disability, an disability can be considered to an extent of
16%. Thus loss of future income can be calculated as under.
14,000X12X14X16%=Rs.3,76,320/
33. As per the available materials on record, Ex.P.27,
the medical expenses would tune to Rs.1,64,805/, including
the hospital charges, which she is entitled to under the head
of medical expenses and hospital charges. As per PW4, who
has deposed in his examination in chief, the petitioner
SCCH-20 26 MVC No.655, 656, 657 & 658/ 2021
requires removal of implantation, which may cost around
Rs.60,000/. There is no proper estimation provided for
arrival of the calculation. The same may also be lessened
depending upon the hospital. Thus an amount of Rs.30,000/
can be awarded for the removal of the implantation, the
future treatment,
34. The wound certificate is marked as Ex.P25 and the
discharge summary is marked as Ex.P.26, shows that the
petitioner was admitted from 03.03.2020 to 10.03.2020 for
about 8 days and has sustained cut lacerated wound
forehead with closed segmental comminuted fracture of the
left femur, which is grievous in nature. Immediately after the
accident, the petitioner was admitted to Janapriya Hospital,
Bangalore and was inpatient till 10.03.2021, the petitioner
may be expected to be in the bed rest for a period of one
month, by which he is entitled for loss of pay for a period of
one month. Considering this, the petitioner is entitled for
Rs.50,000/ towards pain and sufferings, Rs.8,000/ towards
SCCH-20 27 MVC No.655, 656, 657 & 658/ 2021
food and nourishment charges, Rs.8,000/ towards
conveyance charges, and Rs.8,000/ towards attendant
charges and Rs.20,000/ towards loss of amenities.
35. Thus, the petitioner is entitled for just and
reasonable compensation as under:
1 Pain and sufferings Rs.50,000/
2 Medical expenses and hospital charges Rs.1,64,805/
3 Food and nourishment Rs.8,000/
4 Conveyance charges Rs.8,000/
5 Attendant charges Rs.8,000/
6 Loss of amenities Rs.20,000/
7 Loss of income during laid up period Rs.14,000/
8 Loss of future income Rs.3,76,320/
14000x12x14x16%
9 future medical expenses Rs.30,000/
TOTAL Rs.6,65,125/-
In all the petitioner is entitled for compensation of
Rs.6,65,125/ which can be rounded to Rs.6,66,000/.
36. In all these cases, there is no disputed fact that the
respondent No.1 is the insurer of the said TATA sumo
bearing Reg.No.KA03AD6620 which caused accident and
as already discussed there is negligence on the part of the
SCCH-20 28 MVC No.655, 656, 657 & 658/ 2021
driver of the TATA Sumo. The insurer is absolutely liable in
such cases as discussed while answering issue No.2. The
respondent no. 1 has failed to prove that the insurance
company is not liable to pay the aforesaid compensation
amount. Hence, this issue is answered accordingly burdening
the respondent No.1 to pay the compensation to the
petitioner, along with the present Bank rate of interest at
6%,
37. Issue No.4: For the reasons stated in the aforesaid
paragraphs, I proceed to pass the following:
ORDER
In MVC No.655/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.3,24,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid SCCH-20 29 MVC No.655, 656, 657 & 658/ 2021 compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall be released in her favour with proper identification.
Advocate fee is fixed at Rs.5,000/.
Draw award accordingly.
In MVC No.656/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.2,03,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall kept as FD in any nationalized or scheduled bank till he attains majority or for a period of 7 years, SCCH-20 30 MVC No.655, 656, 657 & 658/ 2021 whichever is lesser.
Advocate fee is fixed at Rs.5,000/.
Draw award accordingly.
In MVC No.657/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.29,63,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall kept as FD in any nationalized or scheduled bank till she attains majority or for a period of 4 years, whichever is lesser.
Advocate fee is fixed at Rs.5,000/.
Draw award accordingly.
SCCH-20 31 MVC No.655, 656, 657 & 658/ 2021In MVC No.658/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.6,66,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall be released in her favour with proper identification.
Advocate fee is fixed at Rs.5,000/. Draw award accordingly.
(Original Judgment kept in MVC No.655/2021 and copy of judgment kept in other three cases) (Dictated to the Stenographer, computerized by him, corrected by me and then pronounced in open court on this the 6th day of June 2022) (Sharmila C.S) V ASCJ & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru.
SCCH-20 32 MVC No.655, 656, 657 & 658/ 2021ANNEXURE:
Witnesses examined for petitioners:
P.W.1 Smt.Pushpa Noronha P.W.2 Lorraine Ann lincoln P.W.3 Lorraine Ann lincoln P.W.4 Dr.Nagaraj .B.N P.W.5 Dr.Antony Robert Charles Documents marked for petitioners:
Ex.P.1 : Copy of FIR Ex.P.2 : Copy of Complaint, Ex.P.3 : Police intimation MLC Ex.P.4 : Panchanama Ex..P4(a) : Sketch Ex.P.5 : MVA report Ex.P.6 : wound certificate Ex.P.7 : Charge sheet Ex.P.8 : Discharge summary Ex.P9 : Medical bills
Ex.P.10 : Copy of Adhaar card Ex.P.11 : Police intimation MLC Ex.P12 : wound certificate Ex.P13 : Discharge summary Ex.P14 : Medical bills Ex.P15 : Copy of Adhaar card Ex.P16 : Police intimation MLC Ex.P.17 : Wound certificate Ex.P.1821: Discharge summary SCCH-20 33 MVC No.655, 656, 657 & 658/ 2021 Ex.P.22 : Medical bills Ex.P23 : Scanning report Ex.P24 : police intimation MLC Ex.P25 : wound certificate Ex.P26 : Discharge summary Ex.P27 : Medical bills Ex.P28 : prescriptions Ex.P29 : Authorization letter Ex.P3031: copy of adhaar card Ex.P3233: Clinical report Ex.P3435: Xrays Ex.P36 : Inpatient file Ex.P36 : Scanning report Ex.P.37 : inpatient file Ex.P38 : Xrays Witnesses examined for respondents:
Rw.1 : Manjunath Documents marked for respondents: NIL (Sharmila C S) V Addl. Small Causes Judge & XXIV A.C.M.M., Member, MACT, Mayo Hall unit, Bangalore.SCCH-20 34 MVC No.655, 656, 657 & 658/ 2021
06.06.2022 Judgment pronounced in the Open Court (vide separate order):
ORDER In MVC No.655/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.3,24,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall be released in her favour with proper identification.
Advocate fee is fixed at Rs.5,000/. Draw award accordingly.
In MVC No.656/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.2,03,000/ with interest @ 6% pa., from the date SCCH-20 35 MVC No.655, 656, 657 & 658/ 2021 of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall kept as FD in any nationalized or scheduled bank till he attains majority or for a period of 7 years, whichever is lesser.
Advocate fee is fixed at Rs.5,000/. Draw award accordingly.
In MVC No.657/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.29,63,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall kept as FD in any nationalized or scheduled bank till she attains majority or for a period of 4 years, SCCH-20 36 MVC No.655, 656, 657 & 658/ 2021 whichever is lesser.
Advocate fee is fixed at Rs.5,000/. Draw award accordingly.
In MVC No.658/2021 The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.6,66,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall be released in her favour with proper identification.
Advocate fee is fixed at Rs.5,000/. Draw award accordingly.
(Original Judgment kept in MVC No.655/2021 and copy of judgment kept in other three cases) V A.S.C.J.&24th ACMM.SCCH-20 37 MVC No.655, 656, 657 & 658/ 2021
AWARD SCCH NO.20 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE CITY M.V.C.No.655/2021 PETITIONERS: 1. Smt.Pusha Noronha, W/o L.A.Noronha, Aged about 70 years, Residing at ; Old No.71, New NO.32 Palaiyakaran Street, Ayanavaram Chennai, Tamil Nadu 600023 (By Sri.T.Manjunath, Advocate ) V/s RESPONDENTS
1. M/s United India Insu.Co.Ltd., Motor Claim hub, No.18, 6th floor, near Krushi Bhavana Hudson Circle, Bangalore - 560001
2. M/s Rayan Cabs No.139, Old Airport Road, Shop No.8 and 11 lower level Basement oxford Towers, Bangalore - 560008 (R1 By Sri. V.Rajashekara Reddy) (R2 Exparte) WHEREAS, this petition filed on by the petitioner/s above named U/Sec.166 of the M.V.C. Act, praying for the compensation of Rs.
(Rupees )
for the injuries sustained by the petitioner/Death of
SCCH-20 38 MVC No.655, 656, 657 & 658/ 2021
in a motor Accident by vehicle No. WHEREAS, this claim petition coming up before Sri/Smt.Sharmila CS, V.Addl.Judge, Court of Small Causes, Bangalore, in the presence of Sri/Smt. Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.3,24,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall be released in her favour with proper identification.
Advocate fee is fixed at Rs.5,000/.
Given under my hand and seal of the Court this day of 2021.
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, METROPOLITAN AREA: Bangalore. By the __________________________________ Petitioner/s Respondent SCCH-20 39 MVC No.655, 656, 657 & 658/ 2021 No.1 No.2 ¬ _________________________________ Court fee paid on petition 1000 Court fee paid on Powers Court fee paid on I.A. Process Pleaders Fee _____________________________ Total Rs.
Decree Drafted Scrutinised by MEMBER, M.A.C.T. METROPOLITAN: BANGALORE Decree Clerk SHERISTEDAR SCCH-20 40 MVC No.655, 656, 657 & 658/ 2021 AWARD SCCH NO.20 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE CITY M.V.C.No.656/2021 PETITIONERS: Master Steve Savio Lincoln S/o John Charles Lincoln Aged 09 years, Residing at : old No.71/32, Palaiyakaran Street, Ayanavaram, Channai, Tamil nadu600023 (P being a minor represented by his mother and natural guardian Smt.Lorraine Ann lincoln) (By Sri.T.Manjunath, Advocate ) V/s RESPONDENTS : 1. M/s United India Insu.Co.Ltd., Motor Claim hub, No.18, 6th floor, near Krushi Bhavana Hudson Circle, Bangalore - 560001
2. M/s Rayan Cabs No.139, Old Airport Road, Shop No.8 and 11 lower level Basement oxford Towers, Bangalore - 560008 (R1 By Sri. V.Rajashekara Reddy) (R2 Exparte) WHEREAS, this petition filed on by the petitioner/s above named U/Sec.166 of the M.V.C. Act, SCCH-20 41 MVC No.655, 656, 657 & 658/ 2021 praying for the compensation of Rs.
(Rupees ) for the injuries sustained by the petitioner/Death of
in a motor Accident by vehicle No. WHEREAS, this claim petition coming up before Sri/Smt.Sharmila CS, V.Addl.Judge, Court of Small Causes, Bangalore, in the presence of Sri/Smt. Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.2,03,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall kept as FD in any nationalized or scheduled bank till he attains majority or for a period of 7 years, whichever is lesser.
SCCH-20 42 MVC No.655, 656, 657 & 658/ 2021Advocate fee is fixed at Rs.5,000/.
Given under my hand and seal of the Court this day of 2021.
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, METROPOLITAN AREA: Bangalore. By the __________________________________ Petitioner/s Respondent No.1 No.2 ¬ _________________________________ Court fee paid on petition 1000 Court fee paid on Powers Court fee paid on I.A. Process Pleaders Fee _____________________________ Total Rs.
Decree Drafted Scrutinised by MEMBER, M.A.C.T. METROPOLITAN: BANGALORE Decree Clerk SHERISTEDAR SCCH-20 43 MVC No.655, 656, 657 & 658/ 2021 AWARD SCCH NO.20 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE CITY M.V.C.No.657/2021 PETITIONER: Kum.Steffi Sarah Lincoln D/o John Charles Lincoln Aged 12 years, Residing at : old No.71/32, Palaiyakaran Street, Ayanavaram, Channai, Tamil nadu600023 (P being a minor represented by her mother and natural guardian Smt.Lorraine Ann lincoln) (By Sri.T.Manjunath, Advocate ) V/s RESPONDENTS
1. M/s United India Insu.Co.Ltd., Motor Claim hub, No.18, 6th floor, near Krushi Bhavana Hudson Circle, Bangalore - 560001
2. M/s Rayan Cabs No.139, Old Airport Road, Shop No.8 and 11 lower level Basement oxford Towers, Bangalore - 560008 (R1 By Sri. V.Rajashekara Reddy) (R2 Exparte) WHEREAS, this petition filed on by the petitioner/s above named U/Sec.166 of the M.V.C. Act, praying for SCCH-20 44 MVC No.655, 656, 657 & 658/ 2021 the compensation of Rs.
(Rupees ) for the injuries sustained by the petitioner/Death of
in a motor Accident by vehicle No. WHEREAS, this claim petition coming up before Sri/Smt.Sharmila CS, V.Addl.Judge, Court of Small Causes, Bangalore, in the presence of Sri/Smt. Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.29,63,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall kept as FD in any nationalized or scheduled bank till she attains majority or for a period of 4 years, whichever is lesser.
Advocate fee is fixed at Rs.5,000/.
SCCH-20 45 MVC No.655, 656, 657 & 658/ 2021
Given under my hand and seal of the Court this day
of 2021.
MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL, METROPOLITAN AREA: Bangalore. By the __________________________________ Petitioner/s Respondent No.1 No.2 ¬ _________________________________ Court fee paid on petition 1000 Court fee paid on Powers Court fee paid on I.A. Process Pleaders Fee _____________________________ Total Rs.
Decree Drafted Scrutinised by MEMBER, M.A.C.T. METROPOLITAN: BANGALORE Decree Clerk SHERISTEDAR SCCH-20 46 MVC No.655, 656, 657 & 658/ 2021 AWARD SCCH NO.20 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE CITY M.V.C.No.658/2021 PETITIONER: Smt.Lorraine Ann Lincoln, W/o John Charles Lincoln, Aged 41 years, Residing at : old No.71/32, Palaiyakaran Street, Ayanavaram, Channai, Tamil nadu600023 (By Sri.T.Manjunath, Advocate ) V/s RESPONDENTS : 1. M/s United India Insu.Co.Ltd., Motor Claim hub, No.18, 6th floor, near Krushi Bhavana Hudson Circle, Bangalore - 560001
2. M/s Rayan Cabs No.139, Old Airport Road, Shop No.8 and 11 lower level Basement oxford Towers, Bangalore - 560008 (R1 By Sri. V.Rajashekara Reddy) (R2 Exparte) WHEREAS, this petition filed on by the petitioner/s above named U/Sec.166 of the M.V.C. Act, praying for the compensation of Rs.
(Rupees ) for the injuries sustained by the petitioner/Death of
in a motor Accident by vehicle No. SCCH-20 47 MVC No.655, 656, 657 & 658/ 2021 WHEREAS, this claim petition coming up before Sri/Smt.Sharmila CS, V.Addl.Judge, Court of Small Causes, Bangalore, in the presence of Sri/Smt. Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER The claim petition filed under Section 166 of the Motor Vehicles Act is partly allowed with cost.
The petitioner is entitled for compensation of Rs.6,66,000/ with interest @ 6% pa., from the date of petition till its realization.
The respondent No.1 shall pay aforesaid compensation amount with 6% interest to the petitioners within two months from date of this order.
After deposit, entire compensation amount shall be released in her favour with proper identification.
Advocate fee is fixed at Rs.5,000/.
Given under my hand and seal of the Court this day of 2021.
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, METROPOLITAN AREA: Bangalore.
SCCH-20 48 MVC No.655, 656, 657 & 658/ 2021By the __________________________________ Petitioner/s Respondent No.1 No.2 ¬ _________________________________ Court fee paid on petition 1000 Court fee paid on Powers Court fee paid on I.A. Process Pleaders Fee _____________________________ Total Rs.
Decree Drafted Scrutinised by MEMBER, M.A.C.T. METROPOLITAN: BANGALORE Decree Clerk SHERISTEDAR