Bangalore District Court
Lohith Patel .M.R vs United India Ins Co Ltd on 21 November, 2025
KABC020220382021
BEFORE THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, BANGALORE. (SCCH-9)
DATED THIS THE 21st DAY OF NOVEMBER 2025
PRESENT
Smt.Nirmala.M.C.,B.Com.,L.L.B .,
JUDGE, COURT OF SMALL CAUSES & ACJM
MVC No.3613/2021
Petitioner: Master Lohith Patel M.R.
S/o Smt.Sowmya D.B.
Aged about 7 years
Residing at
Muddenahalli
Bramhasandra,
Kora hobali
Tumkuru Taluk and district-
572128
(since the petitioner is minor he is
represented by his mother Sowmya
D.B. as his natural guardian)
Presently residing at
No.14/03
C/o M.D.Shiva Kumar
Gynhaganganagara
(SCCH-9) 2 MVC.No.3613/2021
Gynhabharathi
Nagarabhavi road
Bengaluru-72.
(By Sri.R.Vedananda Char- Adv.)
V/s.
Respondents: 1. The United India Insurance co.,
Ltd.,
Rep by its Manager
Regional office at
Krushi Bhavana
5th @ 6th floor, Hudson circle
Bengaluru-560001
(Insurer of the vehicle bearing
reg.No.KA-06-EP-0094 in vide
policy bearing
No.0714003120p104993109 15-08-
2020 upto14-08-2021)
(By Sri.Dattatraya M.Joshi - Adv.)
2. Sri.Ravi K
S/o Kalleshaia
Muddenahalli
Bramhasandra
Kora hobli
Tumkuru Taluk
and district-572128
(owner of the reg.No.KA-06-EP-
0094)
(Exparte)
*****
(SCCH-9) 3 MVC.No.3613/2021
JUDGMENT
This petition is filed by the petitioner U/s.166 of Motor Vehicle Act, claiming compensation of Rs.10,00,000/- with interest from the date of petition till its realization for injuries sustained by him in the Motor Vehicle Accident.
2. The brief case of the petitioner is as under:
On 19-7-2021 at about 12.30 p.m. when the petitioner was proceeding on the motor cycle bearing reg.No.KA-06-EP-0094 as a pillion rider and his father was riding the said motor cycle in a rash and negligent manner with high speed before Govt., primary school, Muddenahalli village and by that time, a stray dog came across in front of the bike and rider was suddenly applied the break and lost control over the bike and they fell down and sustained grievous injuries to all over the body.
Immediately petitioner was taken to
M.C.Orthopaedic, arthroscopy and joint replacement
(SCCH-9) 4 MVC.No.3613/2021
center at Tumkuru wherein he took treatment as inpatient and discharged with advice to take followup. The petitioner spent Rs.5000/- towards transportation charges, medical treatment and spent Rs.3 lakhs for medicine and conveyance. At the time of accident, petitioner was student and due to accidental injuries, he disturbed for several months and suffered financial loss nd mental agony. The Kora police have registered a criminal case against the rider of the motor cycle bearing No.KA-06-EP- 0094 in crime No.116/2021 under Section 279 &337 of IPC. The respondent No.2 being the RC owner and respondent No.1 being the insurer are jointly and severally liable to pay the compensation to the petitioner.
3. After service of summons, the respondent No.2 has not appeared before the court hence, placed exparte and respondent No.1 has appeared before the tribunal and filed its written statement.
4. The brief contents of written statement of (SCCH-9) 5 MVC.No.3613/2021 respondent No.1 is that, the claim petition is not maintainable in law or on facts. It has admitted the issuance of the policy in favour of the respondent No.2. Respondent No.1 has denied the involvement of the motor cycle bearing No.KA-06-EP-0094 in the alleged accident. It has denied the age, occupation, income and amount spent by the petitioner. Further deposed that, the owner of the vehicle did not report and furnished the RTO documents pertaining to the offending vehicle regarding the driving licence of the person who was driving the vehicle at the time of accident which required under Section 134(C) and the concerned police have not complied the mandatory provisions of Sec.158(6) of MV Act. The compensation claimed by the petitioner is highly excessive, exorbitant and exaggerated. With these grounds the respondent No.1 sought for rejecting the claim petition.
5. On the basis of above pleadings, this Tribunal has framed the following issues:
(SCCH-9) 6 MVC.No.3613/2021
ISSUES
1. Whether the petitioner prove that, he has sustained injuries on account of road traffic accidnet took place opposite to Government primary school, Muddenahalli village, Kora hobli, tumakuru taluk, Tumakuru due to rash and negligent riding of the rider of motor cycle bearing reg.No.KA-06-EP-0094 dt.19-7-2021 at about 12.30 p.m. as alleged in the petition?
2. Whether the petitioner is entitled for compensation? If so, what is the quantum? from whom?
3. What Order or Award?
6. In order to prove his case, the mother of the petitioner herself examined as PW.1 and in all got marked documents at Ex.P1 to Ex.P.14.
7. Heard arguments and perused the materials available on record.
8. My answer to the above issues are as under:-
Issue No.1 : In the Affirmative;
Issue No.2 : Partly in the Affirmative;
(SCCH-9) 7 MVC.No.3613/2021 Issue No.3 : As per final order for the following:
-:R E A S O N S:-
9. Issue No.1:- It is the case of the PW-1 that, on 19-7-2021 at about 12.30 p.m. when the petitioner was proceeding on the motor cycle bearing reg.No.KA-06-EP- 0094 as a pillion rider and his father was riding the said motor cycle in a rash and negligent manner with high speed before Govt., primary school, Muddenahalli village and by that time, a stray dog came across in front of the bike and rider was suddenly applied the break and lost control over the bike and they fell down and sustained grievous injuries to all over the body.
10. In order to prove the case, the PW-1/mother of the petitioner herself examined as PW1 and filed affidavit in lieu of chief-examination and reiterated all the facts mentioned in the petition. PW-1 also got marked Ex.P1 to Ex.P.14 which are FIR, complaint, charge sheet, mahazar, (SCCH-9) 8 MVC.No.3613/2021 IMV report, medico legal certificate, medico legal register, discharge summary, medical bills and prescriptions, x- rays, adhar cards, ration card.
11. On perusal of police documents which are marked at Ex-P1 to Ex-P7 it is clear that the accident took place on 19-7-2021 at about 12.30 p.m., and Ex.P.1 - FIR in crime No.116-2021 came to be registered on19-7-2021 i.e., on the same of accident at Kora Police Station for the offences punishable u/s 279 & 337 of IPC. Ex.P.1 - complaint lodged by PW-1 on 22-7-2021. Ex.P.3 is the panchanama, Ex.P8 is the discharge summary, Ex.P5 is the IMV report, Ex.P2 is the charge sheet which describe the spot of accident is opposite to Government primary school, Muddenahalli village, Kora hobali. Ex.P.5 is the IMV report which shows the damages caused the vehicle which involved in the alleged accident I.e., motor cycle bearing No.KA-06-EP-0094. Ex.P.2 is the charge sheet which has been filed against the rider of the motor cycle (SCCH-9) 9 MVC.No.3613/2021 bearing No.KA-06-EP-0094.
12. The learned counsel for the respondent No.1 has cross examined PW-1. I have perused the entire cross- examination of PW-1. In his cross-examination he has specifically denied the suggestions made by the learned counsel for the respondent regarding negligence of rider of motor cycle bearing No.KA-06-EP-0094, the alleged accident occurred. The learned counsel for the respondent No.1 has not elicited anything from the mouth of PW-1 to disbelieve his version. There is nothing on record to show that the charge-sheet filed by the police is defective or collusive. Therefore, on over all appreciation of evidence, I am of the opinion that the accident occurred due to sole negligence of rider of the offending motor cycle bearing No.KA-06-EP-0094 which belongs to the respondent No.2 and respondent No.1 is its insurer. Accordingly, I answer issue No.1 in the Affirmative.
13. Issue No.2:- This petition is filed for seeking (SCCH-9) 10 MVC.No.3613/2021 compensation of Rs.10,00,000/- for the injuries sustained by the petitioner in the road traffic accident as stated above. The petitioner has already proved that, the accident was occurred due to sole negligence on the part of rider of the offending motor cycle bearing No.KA-06-EP-0094. PW.1 has produced Ex-P8-discharge summary which reveals petitioner had sustained left hand radius of ulna fracture displaced pain, swelling left forearm and he took treatment as inpatient from 19-07-2021 to 22-07-2021. i.e., for 4 days and underwent operation. The petitioner has produced Ex- P6-Medico legal certificate and Ex-P7-Medico legal register. From the Ex-P6 medico legal certificate which reveals that petitioner had sustained injuries i.e.,(1) pain swelling (L)Forearm, (2) tenderness (L)FA, (3) ROM (L)FA, (4) abnormal mobility, (5) (L) radius and ulna fracture. The said injuries No.1 to 4 are described as simple in nature and injury No.5 is described as grievous in nature. Ex-P7Medico legal register reveals that fracture of radius and ulna (SCCH-9) 11 MVC.No.3613/2021 displaced. The petitioner has not examined the doctor and also not produced any disability certificate to show that he is suffering from physical disability. Therefore in view of the non production of disability certificate and doctor evidence, it can not be considered as the petitioner is having any disability due to the accidental injury. The petitioner has produced Ex-P9-medical bills for Rs.64,490/-. Further the parents of the petitioner may spent some amount towards food, nourishment, conveyance purpose. Hence, by considering the treatment taken by the petitioner, it is just and proper to award the Global Compensation. Hence, I am of the opinion that, the Global Compensation of Rs.1,50,000/- is to be awarded to the petitioner.
14. Regarding Liability: As already discussed supra, it is clear that accident was occurred due to the rash and negligent riding of the offending motor cycle. Therefore, the respondent No.2 being the Owner and the respondent No.1 being the insurer of the offending vehicle (SCCH-9) 12 MVC.No.3613/2021 are jointly and severally liable to pay compensation to the petitioner. However, the respondent No.1 being the insurer of offending vehicle is primarily liable to pay compensation with interest @ 6% p.a. from the date of petition till its realization. Accordingly, I answer Issue No.2 answered Partly in the Affirmative.
15. ISSUE NO.3: In view of my finding on issue No.1 and 2, I proceed to pass the following;
O R D E R The petition filed by the petitioner under Section 166 of Motor Vehicles Act is hereby partly allowed with cost.
The petitioner is entitled for Global Compensation of Rs.1,50,000/- (Rupees one lakh fifty thousand only) with interest @ 6% p.a. from the date of petition till the date of deposit.
The respondents No.1 and 2 are jointly and severally liable to pay compensation to the petitioner. However, in view of the policy, the respondent (SCCH-9) 13 MVC.No.3613/2021 No.1/insurance company is liable to pay compensation to the petitioner and directed to deposit the compensation amount in this tribunal within one month from the date of this order.
In the event of deposit of the said compensation amount, 50% shall be deposited in the name of petitioner in Karnataka Bank, City Civil Court Branch, Bengaluru till he attains the age of majority and the remaining 50% shall be released in favour of mother of petitioner/PW-1 on proper identification through E-payment as PW-1 spent money for the treatment of petitioner.
Advocate fee is fixed at Rs.1,000/-.
Draw award accordingly.
(Dictated to the stenographer directly on computer, corrected and pronounced by me in open court on this 21st day of November, 2025.) (Nirmala.M.C) JUDGE SCJ, ACJM & MACT, Bengaluru.
(SCCH-9) 14 MVC.No.3613/2021
ANNEXURE
LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONER:
PW.1 Sowmya
DOCUMENTS MARKED FOR PETITIONER:
Ex.P1 FIR with complaint
Ex.P2 Charge sheet
Ex.P3 Mahazar
Ex.P4 Rough sketch-deleted
Ex.P5 IMV report
Ex.P6 Medico legal certificate
Ex.P7 Medico legal register
Ex.P8 Discharge summary
Ex.P9 12 medical bills for Rs.64,490/-
Ex.P10 Medical prescriptions
Ex.P11 X-rays (4 in numbers)
Ex.P12 & Two aadhaar cards
13
Ex.P14 Ration card
(SCCH-9) 15 MVC.No.3613/2021
LIST OF WITNESSES ON BEHALF OF
RESPONDENTS: NIL
LIST OF DOCUMENTS ON BEHALF OF
RESPONDENTS: NIL
(Nirmala.M.C)
Court of Small Causes,
Judge & ACJM, Bengaluru.
Digitally
signed by
NIRMALA M
NIRMALA C
MC Date:
2025.12.18
12:43:22
+0530