Bangalore District Court
Priyanka Mahato vs Sunil D E on 28 August, 2025
KABC020245522023
KABC020255472023
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL
Court of Small Causes, Bengaluru.
DATED THIS THE 28th DAY OF AUGUST 2025
PRESENT: Sri.B.S.HONNASWAMY (B.A., LL.M)
VII Addl. SCJ and ACJM,
Member, MACT-3, Bengaluru.
M.V.C. No.5446/2023 and M.V.C. No.5633/2023
Petitioner in : Miss.Rajeshree Panja,
MVC 5446/2023 D/o Bishwa Nath Panja,
Aged about 22 years,
R/at Raja Bagan,
Near Mahila Samati School,
Aludanga,
Barddhaman (M),
West Bengal State - 713 101.
Present R/at Bengaluru.
(By Sri.B.H.Chikkanna, Advocate)
Petitioner in : Miss.Priyanka Mahato,
(SCCH-3) 2 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
MVC 5633/2023 D/o Nakul Mahato,
Aged about 29 years,
Power House Para,
VTC: Burdwan - 1PO:
Barddhaman District,
West Bengal State - 713 101.
Presently R/at No.35,
1st Main Road, 3rd Cross,
Nearby Soundarya Paradise,
Bengaluru - 57.
(By Sri.B.H.Chikkanna, Advocate)
-Vs-
Respondents in: 01. Mr.Sunil.D.E,
both cases No.17/2, 3rd Cross,
Chowdeshwarinagar,
Laggere,
Bengaluru - 58.
(R.C. Owner of the Lorry bearing
registration No.KA-52-A-4567)
(Exparte)
02. The Manager,
The Iffco Tokio General Insurance Co.
Ltd.,
2nd Floor, Crown Point No.36,
Leavelia Road,
Bengaluru - 560 001.
Policy No.1-2TVWE9TJ
(SCCH-3) 3 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
Valid from: 02.06.2023 to 01.06.2024
(By Sri.T.Ramesh, Advocate)
*******
COMMON JUDGMENT
The petitioners have filed these two cases U/Sec
166 of M.V. Act, 1989, against the respondents seeking
compensation for the injuries sustained by them in the
Motor Vehicle Accident.
02. Since these two cases are arising out of one
and same accident and cause of action are the same
and the respondents are the same and to avoid
multiplicity of proceedings and to avoid outcome of
conflicting Judgments, these two cases are clubbed
together. M.V.C.No.5633/2023 clubbed with
original M.V.C.No.5446/2023 and common evidence
came to be recorded in the said case. These two cases
are proceeded for disposal by way of common
Judgment.
03. The brief facts of the case of the petitioners
is as under:
That on 27.07.2023 at about 09.30 p.m, the
petitioner in M.V.C.No.5633/2023 was riding her
Honda Activa bearing No.KA-51-EN-2477 along with
(SCCH-3) 4 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
petitioner in M.V.C.No.5446/2023, as a pillion rider
and proceeding near Thammaiah navara Ittige Gudu,
Chikkabanavara, Sante Circle, Chikkabanavara,
Abbigere Main Road, Bengaluru, at that time, driver of
Lorry bearing No.KA-52-A-4567 drove the same at very
high speed, in rash and negligent manner and dashed
against the petitioners' from behind. Due to this, the
petitioners' sustained grievous injuries.
Immediately after the accident both were shifted
to Sapthagiri hospital, Bengaluru, for treatment and
prior to the accident the petitioner in
M.V.C.No.5446/2023 was hale and healthy and was
aged about 22 years and was working as Swimming
Coach for CAPSA (Come and Play Sports Academy) at
Bengaluru and earning income of Rs.25,000/- p.m.
Due to accidental injuries, she is not able to continue
her work and is under complete bedrest and sustained
loss of income and suffering from permanent disability.
Prior to the accident the petitioner in
M.V.C.No.5633/2023 was hale and healthy and was
aged about 29 years and was working as Assistant
Swimming Coach at DD Sports Academy (DDSA) and
Instructor-Swimming Coach at Euro School,
(SCCH-3) 5 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
Bengaluru and earning total income of Rs.47,000/-
p.m. Due to accidental injuries, she is not able to
continue her work and is under complete bedrest and
sustained loss of income and suffering from permanent
disability.
The accident is occurred due to rash and
negligent driving of driver of offending lorry and in this
regard the Jalahalli Traffic Police have registered a
case against driver of the offending lorry. The
respondent No.1 is the RC Owner and respondent No.2
is the insurer of the said offending vehicle, are jointly
and severally liable to pay compensation of
Rs.15,00,000/- each to the petitioners together with
interest at the rate of 12% p.a with costs.
04. Inspite of service of notice, the respondent
No.1 remained absent and was placed exparte. On
service of notice, the respondent No.2 has appeared
before the tribunal through its counsel and filed its
objections in both cases.
05. The respondent No.2 in its objections has
denied the entire case of the petitioners and further
denied the alleged accident, negligence of the driver of
offending lorry, age, income, occupation of the
(SCCH-3) 6 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
petitioners and nature of the injuries sustained by the
petitioners and treatment taken by the petitioners and
expenses incurred by the petitioners. Further admits
issuance of policy in favour of the respondent No.1 in
respect of lorry and the liability is subject to terms and
conditions of the policy and contended that the lorry
was not at all caused or involved in any accident and
the alleged accident took place due to the negligence
on the part of the rider of Honda Activa and that driver
of lorry was not holding valid and effective driving
licence as on the date of accident and hence there is
committed of terms and conditions of the policy by the
respondent No.1. The petition is bad for non-joinder of
necessary parties. There is a delay of 2 days in lodging
the complaint and the lorry was falsely implicated by
the petitioners colluding with the owner of the vehicle,
hospital authorities and the Police to get compensation
by this respondent and the compensation claimed is
exorbitant and hence prays to dismiss the petition
against respondent No.2 with costs in both petitions.
06. Based on the aforesaid pleadings, the
following issues have been framed by my learned
predecessor: -
(SCCH-3) 7 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
ISSUES IN MVC NO.5446/2023
01. Whether the petitioner proves that he
has sustained grievous injuries in the accident
occurred on 27.07.2023 at about 9.30 p.m,
near Thammaiah navara Ittige Gudu,
Chikkabanavara, Sante Circle,
Chikkabanavara, Abbigere Main Road,
Bengaluru City, due to rash and negligent
driving of Lorry bearing registration No.
KA-52-A-4567 by its driver as alleged in the
petition?
02. Whether petitioner is entitled for
compensation? If so, to what amount and
from whom?
03. What order or award?
ISSUES IN MVC NO.5633/2023
01. Whether the petitioner proves that he has
sustained grievous injuries in the accident
occurred on 27.07.2023 at about 9.30 p.m,
near Thammaiah navara Ittige Gudu,
Chikkabanavara, Sante Circle,
Chikkabanavara, Abbigere Main Road,
Bengaluru City, due to rash and negligent
driving of Lorry bearing registration No.
KA-52-A-4567 by its driver as alleged in the
petition?
02. Whether the petitioner is entitled for
compensation? If so, to what amount and
from whom?
(SCCH-3) 8 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
03. What Order or Award?
07. In order to prove their case, the petitioner
No.1 in M.V.C.No.5446/2023 was got examined as
PW.1 and the petitioner in M.V.C.No.5633/2023 was
got examined as PW.2 and got examined two witnesses
as PW.3 and 4 and got marked 47 documents as
Ex.P.1 to 47 and closed their side evidence.
08. By way of rebuttal, the respondent No.2
counsel submit no oral evidence. Hence, respondent
No.2 evidence is taken as nil and closed its side
evidence.
09. Heard both sides.
10. My findings on the aforesaid Issues in both
cases are as under:-
Issue No.1 In affirmative
Issue No.2 In partly affirmative
Issue No.3 As per final order
for the following:
REASONS
11. Issue No.1 in both cases:- The petitioner
No.1 in M.V.C.No.5446/2023 and petitioner in
M.V.C.No.5633/2023 got themselves examined as
(SCCH-3) 9 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
PW.1 and 2 and they have given evidence in the form
of the affidavit and they have reiterated the petitions
averments therein. Though, they have been elaborately
cross-examined by the respondent No.2 counsel, but
nothing is brought on record to disbelieve the case of
the petitioners that due to rash and negligent driving
of the offending lorry by its driver, the petitioners have
sustained grievous injuries in the road traffic accident.
On perusal of the documents, Ex.P.1 is the FIR
registered at Jalahalli Traffic Police against driver of
the offending lorry. Ex.P.2 is the Complaint which
shows that due to rash and negligent driving by the
driver of the offending lorry, the accident took place
and petitionera sustained injuries.
12. The accident took place due to rash and
negligent driving of the driver of the offending lorry.
Ex.P.3 and 4 are Spot Mahazar and Sketch showing
the place of accident on Kereguddadahalli -
Chikkabanavara Sante Road near Thammaiah navara
Ittige Gudu Compound, which is not disputed. Ex.P.5
is copy of Notice U/Sec.133 of IMV Act issued to the
owner of the offending lorry. Ex.P.6 is copy of Reply to
notice which discloses that the owner of the offending
(SCCH-3) 10 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
lorry stating that one Manju.S.S was driving the lorry
on the date of accident and he had valid driving licence
and said lorry had valid insurance policy as on the
date of accident. Ex.P.7 is copy of IMV report which
discloses that both vehicles are involved in the
accident and petitioners' vehicle got damaged at the
front side. Ex.P.8 is Wound certificate which discloses
that petitioner in M.V.C.No.5446/2023 has sustained
right arterial rupture of knee and said injury is
grievous in nature. Ex.P.9 is the important document
of Investigation Officer. After completion of the
investigation filed charge sheet against the driver of
the offending lorry for the offences punishable U/Sec
279, 338 of IPC. Ex.P.10 is Aadhaar card of petitioner
in M.V.C.No.5446/2023. Ex.P.11 is Discharge
summary which shows that petitioner in
M.V.C.No.5446/2023 sustained post RTA right lower
limb degloving injury. Ex.P.13 is Discharge certificate
which shows that petitioner in M.V.C.No.5446/2023
sustained skin gratted wound antero medial aspect
right leg and appat Rt ankle. Ex.P.22 is Photographs.
Ex.P.24 is Wound certificate which discloses that
petitioner in M.V.C.No.5633/2023 has sustained right
(SCCH-3) 11 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
leg avulsion injury of gastrocnemis muscle complete
cut and said injury is grievous in nature. Ex.P.25 is DL
of petitioner in M.V.C.No.5633/2023. Ex.P.30 to 32 are
Discharge summaries which shows that petitioner in
M.V.C.No.5633/2023 sustained post RTA crush injury
right leg, RTA with degloving injury of right leg with
defect over popliteal region and F/U/C/O RTA with
degloving injury of right leg with defect over popliteal
region. Ex.P.40 is Photographs. The petitioner in
M.V.C.No.5633/2023 got examined MRC at Sapthagiri
hospital as PW.3 and he has produced Authorization
letter, MLC (02 in Nos.) and Case sheet (02 in Nos.) as
per Ex.P.41 to 43 and in his cross examination he
admits that he has not personally seen the petitioner
injured and he do not know the contents of Ex.P.42
and 43. These documents clearly goes to show that,
due to the rash and negligent driving by the lorry
driver, accident took place and petitioners sustained
injuries. Accordingly, Issue No.1 in both the cases
are answered in the affirmative.
13. Issue No.2 in M.V.C.No.5446/2023:- This
issue is related to the entitlement of the compensation
(SCCH-3) 12 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
on account of the grievous injuries sustained by the
petitioner in Road Traffic Accident.
Petitioner in her evidence and pleadings has
stated that prior to accident she was hale and healthy
and was aged about 22 years and was working as
Swimming Coach for CAPSA (Come and Play Sports
Academy) at Bengaluru and earning income of
Rs.25,000/- p.m. Due to accidental injuries, she is not
able to continue her work and is under complete
bedrest and sustained loss of income and suffering
from permanent disability.
14. So far as avocation and income of the
petitioner is concerned, she has not produced any
documents. Therefore, in the absence of satisfactory
documents in proof of the income of the injured, this
tribunal has to go by the Lok-Adalath chart, according
to which the notional income in relation to the
accident of the year 2023 to be taken as Rs.16,000/-
p.m. Therefore, this tribunal assessed the monthly
income of petitioner is at Rs.16,000/-.
15. According to the evidence of PW.4, the
Doctor who examined the petitioner and assessed the
disability has stated in his chief examination that
(SCCH-3) 13 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
petitioner sustained right lower limb degloving injury
and he assessed physical disability of the right lower
limb at 53% and whole body physical disability at 18%.
16. Attendant charges, extra nutritious food
and conveyance charges:- As per Ex.P.11 and 13
Discharge summaries, the petitioner was admitted as
inpatient at Sapthagiri hospital, Bengaluru and
Burdwan hospital, Burdwan, totally for 23 days.
During the aforesaid period, the petitioner might have
spent a considerable amount towards attendant
charges, special diet, transportation and nutrition.
Therefore, considering the duration of treatment,
towards attendant charges, extra nutritious food and
conveyance charges, she is entitled for Rs.40,000/-
under this head.
17. Pain and sufferings: As per Ex.P.8 Wound
certificate and as per evidence of PW.4 Doctor and as
per Photographs and X-rays and on account of
accidental injuries, petitioner has undergone pain and
agony. Accordingly with regard to grievous injuries
suffered by her in the accident, she is entitled for
Rs.40,000/- under this head.
(SCCH-3) 14 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
18. Loss of income during laid up period:- As
already discussed above, this tribunal has assessed
the income of Rs.16,000/- per month and he was
admitted in the hospital for 23 days as inpatient.
Considering the nature of injuries, treatment taken,
duration of her stay in hospital, it is quite natural that
petitioner could not have carried out her avocation for
atleast three months. Thus, taking into account the
income of the petitioner, this tribunal award a sum of
Rs.48,000/- (Rs.16,000/- x 3) under this head.
19. Medical Expenses:- The petitioner has got
marked entire medical bills and Prescriptions as per
Ex.P.20 and 21 for Rs.2,63,968/-. To disprove the
medical bills, the respondent No.2 has not produced
any documents nor any evidence. Hence, the petitioner
is entitled for Rs.2,63,968/- under this head.
20. Loss of future amenities and
unhappiness:- Since the petitioner has sustained
grievous injuries and disability assessed by the doctor
and on account of the discomfort and unhappiness,
the claimant has to undergo in her future life, it is just
and proper to award a sum of Rs.40,000/- towards
future loss of amenities and unhappiness.
(SCCH-3) 15 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
21. Future medical expenses:- According to
doctor PW.4, the petitioner needs another surgery for
the release of the TA and contracture release of the
right ankle and the estimate cost is around
Rs.1,60,000/-, but he not produced any estimation
regarding future medical expenses. Therefore, under
the facts and circumstances of the case, the
petitioner is entitled for Rs.60,000/- under this head.
22. Looking to the nature of the injuries, it is
duty of petitioner to prove her age, but petitioner has
not produced birth certificate, school records or SSLC
marks card to show her exact date of birth. However,
she has produced Aadhaar card at Ex.P.10.
Eventhough the said document is not authenticated
document for the proof of age for any person, but in
the absence of any other documents, the same can be
relied upon and according to which the date of birth of
the petitioner is mentioned as 06.11.2000 and the
alleged accident was occurred on 27.07.2023.
Therefore, considering the said document, this tribunal
has assessed age of the petitioner as 23 years. As per
the ratio laid down by the Hon'ble Apex Court in a
decision reported in 2009 ACJ 1298 in between Sarla
(SCCH-3) 16 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
Verma and others V/s. Delhi Transport Corporation
and others V/s. Delhi Transport Corporation and
others case the multiplier applicable to the age group
of 15 to 25 years is '18'.
23. As per the ratio laid down by the Hon'ble
Apex Court in National Insurance Co. Ltd. V/s.
Pranay Sethi and others 2017(16 SCC 680).
If the petitioner is having self employee, a future
prospectus has to be considered. The petitioner was
aged below 40 years on the date of accident and was
self employee, hence 40% has to be added as
Rs.16,000/- + 6,400/- = 22,400/-.
The doctor PW.4 has given disability of 53% and
18% pertaining to whole body. In his cross-
examination he admits that he has not treated the
petitioner personally, but he has assessed only
disability and he has assessed only physical disability
and not functional disability. However, considering the
evidence of PW.4 and nature of injuries sustained by
the petitioner and medical records, this tribunal has
assessed functional disability of the petitioner at 18%.
Therefore, the loss of future income works out as
under:
(SCCH-3) 17 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
Rs.22,400/- x 12 x 18 x 18/100 =
Rs.8,70,912/-.
24. Therefore, the petitioner is entitled for
compensation as detailed below:-
Sl. Head of compensation Amount in
No. Rs.
1. Loss of future income 8,70,912-00
2. Pain and Sufferings 40,000-00
3. Attendant charges, extra 40,000-00
nutritious food and conveyance
charges
4. Medical Expenses 2,63,968-00
5. Loss of future amenities and 40,000-00
unhappiness
6. Loss of income during laid up 48,000-00
period
7. Future medical expenses 60,000-00
Total 13,62,880-00
25. Accordingly I hold that, the petitioner in
M.V.C.No.5446/2023 are entitled for total
compensation of Rs.13,62,880/- with interest at the
rate of 6% p.a (excluding future medical expenses of
Rs.60,000/-) from the date of petition till its
realization.
(SCCH-3) 18 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
26. Issue No.2 in M.V.C.No.5633/2023:- This
issue is related to the entitlement of the compensation
on account of the grievous injuries sustained by the
petitioner in Road Traffic Accident.
Petitioner in her evidence and pleadings has
stated that prior to accident she was hale and healthy
and was aged about 29 years and was working as
Assistant Swimming Coach at DD Sports Academy
(DDSA) and Instructor-Swimming Coach at Euro
School, Bengaluru and earning total income of
Rs.47,000/- p.m. Due to accidental injuries, she is not
able to continue her work and is under complete
bedrest and sustained loss of income and suffering
from permanent disability.
27. So far as avocation and income of the
petitioner is concerned, she has produced Letter for
Offer for employment and Salary certificate for the
month of July 2023, which shows that she was
working in DD Sports Academy and drawing monthly
salary of Rs.22,000/-. But the petitioner has not
examined the author of said documents to prove her
avocation and income. Therefore, in the absence of
satisfactory evidence regarding proof of income of the
(SCCH-3) 19 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
injured, this tribunal has to go by the Lok-Adalath
chart, according to which the notional income in
relation to the accident of the year 2023 to be taken as
Rs.16,000/- p.m. Therefore, this tribunal assessed the
monthly income of petitioner is at Rs.16,000/-.
28. According to the evidence of PW.4, the
Doctor who examined the petitioner and assessed the
disability has stated in his chief examination that
petitioner sustained right leg crush injury and he
assessed physical disability of the right lower limb at
49% and whole body physical disability at 16%.
29. Attendant charges, extra nutritious food
and conveyance charges:- As per Ex.P.30 to 32
Discharge summaries, the petitioner was admitted as
inpatient at Sapthagiri hospital, Bengaluru and Bengal
Faith hospital, totally for 35 days. During the aforesaid
period, the petitioner might have spent a considerable
amount towards attendant charges, special diet,
transportation and nutrition. Therefore, considering
the duration of treatment, towards attendant charges,
extra nutritious food and conveyance charges, she is
entitled for Rs.40,000/- under this head.
(SCCH-3) 20 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
30. Pain and sufferings: As per Ex.P.24 Wound
certificate and as per evidence of PW.4 Doctor and as
per Photographs, Case sheet and X-rays and on
account of accidental injuries, petitioner has
undergone pain and agony. Accordingly with regard to
grievous injuries suffered by her in the accident, she is
entitled for Rs.40,000/- under this head.
31. Loss of income during laid up period:- As
already discussed above, this tribunal has assessed
the income of Rs.16,000/- per month and he was
admitted in the hospital for 35 days as inpatient.
Considering the nature of injuries, treatment taken,
duration of her stay in hospital, it is quite natural that
petitioner could not have carried out her avocation for
atleast three months. Thus, taking into account the
income of the petitioner, this tribunal award a sum of
Rs.48,000/- (Rs.16,000/- x 3) under this head.
32. Medical Expenses:- The petitioner has got
marked entire medical bills as per Ex.P.39 for
Rs.3,03,307/-. To disprove the medical bills, the
respondent No.2 has not produced any documents nor
any evidence. Hence, the petitioner is entitled for
Rs.3,03,307/- under this head.
(SCCH-3) 21 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
33. Loss of future amenities and
unhappiness:- Since the petitioner has sustained
grievous injuries and disability assessed by the doctor
and on account of the discomfort and unhappiness,
the claimant has to undergo in her future life, it is just
and proper to award a sum of Rs.40,000/- towards
future loss of amenities and unhappiness.
34. Future medical expenses:- According to
doctor PW.4, the petitioner needs another surgery for
the release of the tendon and contracture release of the
right ankle and the estimate cost is around
Rs.1,30,000/-, but he not produced any estimation
regarding future medical expenses. Therefore, under
the facts and circumstances of the case, the
petitioner is entitled for Rs.50,000/- under this head.
35. Trainfare/Airfare charges:- The petitioner
has got marked trainfare and airfare charges as per
Ex.P.26 for Rs.67,261/-. To disprove the said bills, the
respondent No.2 has not produced any documents nor
any evidence. Hence, the petitioner is entitled for
Rs.67,261/- under this head.
36. Looking to the nature of the injuries, it is
duty of petitioner to prove her age, but petitioner has
(SCCH-3) 22 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
not produced birth certificate, school records or SSLC
marks card to show her exact date of birth. However,
she has produced Driving licence at Ex.P.25.
Eventhough the said document is not authenticated
document for the proof of age for any person, but in
the absence of any other documents, the same can be
relied upon and according to which the date of birth of
the petitioner is mentioned as 31.07.1994 and the
alleged accident was occurred on 27.07.2023.
Therefore, considering the said document, this tribunal
has assessed age of the petitioner as 29 years. As per
the ratio laid down by the Hon'ble Apex Court in a
decision reported in 2009 ACJ 1298 in between Sarla
Verma and others V/s. Delhi Transport Corporation
and others V/s. Delhi Transport Corporation and
others case the multiplier applicable to the age group
of 26 to 30 years is '17'.
37. As per the ratio laid down by the Hon'ble
Apex Court in National Insurance Co. Ltd. V/s.
Pranay Sethi and others 2017(16 SCC 680).
If the petitioner is having self employee, a future
prospectus has to be considered. The petitioner was
aged below 40 years on the date of accident and was
(SCCH-3) 23 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
self employee, hence 40% has to be added as
Rs.16,000/- + 6,400/- = 22,400/-.
The doctor PW.4 has given disability of 49% and
16% pertaining to whole body. In his cross-
examination he admits that he has not treated the
petitioner personally, but he has assessed only
disability and he has assessed only physical disability
and not functional disability. However, considering the
evidence of PW.4 and nature of injuries sustained by
the petitioner and medical records, this tribunal has
assessed functional disability of the petitioner at 16%.
Therefore, the loss of future income works out as
under:
Rs.22,400/- x 12 x 17 x 16/100 =
Rs.7,31,136/-.
38. Therefore, the petitioner is entitled for
compensation as detailed below:-
Sl. Head of compensation Amount in
No. Rs.
1. Loss of future income 7,31,136-00
2. Pain and Sufferings 40,000-00
3. Attendant charges, extra 40,000-00
nutritious food and conveyance
charges
(SCCH-3) 24 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
4. Medical Expenses 3,03,307-00
5. Loss of future amenities and 40,000-00
unhappiness
6. Loss of income during laid up 48,000-00
period
7. Future medical expenses 50,000-00
8. Trainfare and airfare charges 67,261-00
Total 13,19,704-00
39. Accordingly I hold that, the petitioner in
M.V.C.No.5633/2023 are entitled for total
compensation of Rs.13,19,704/- with interest at the
rate of 6% p.a (excluding future medical expenses of
Rs.50,000/-) from the date of petition till its
realization.
40. Regarding liability:- Despite sufficient
opportunity, the respondent No.1 remained absent and
placed exparte.
The respondent No.2 has appeared and filed
written statement and contest the matter, but despsite
sufficient opportunity, it has not lead any evidence to
disprove the case of the petitioners and to prove its
contention.
(SCCH-3) 25 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
On the date of accident policy was in force.
Hence, respondents No.1 and 2 are jointly and
severally liable to pay above said compensation
amount in both the cases.
Respondent No.2 Insurance Company is directed
to deposit above said compensation amount in both
cases within two months from the date of filing of the
petition till the date of deposit. Accordingly, I
answered Issue No.2 in both cases partly in
affirmative.
41. Issue No.3 in both cases:- In view of
reasons assigned to above Issues, I proceed to pass the
following:-
ORDER
The petition filed by the petitioners in M.V.C. No.5446/2023 and M.V.C.No.5633/2023 U/Sec.166 of the M.V. Act, 1989 are partly allowed with cost.
The petitioner in M.V.C.No.5446/2023 are entitled for compensation of Rs.13,62,880/- (Rupees Thirteen lakhs sixty two thousand eight hundred and eighty only) with interest at the rate of 6% p.a (SCCH-3) 26 M.V.C.No.5446/2023 c/w M.V.C.No.5633/2023 (excluding future medical expenses of Rs.60,000/-) from the date of petition till its realization.
The petitioner is entitled to get release 70% of the award through E-payment directly to her account by obtaining the bank account details and remaining 30% shall be kept in Fixed Deposit in any Scheduled Bank for a period of three years, in her name. The petitioner is at liberty to draw periodical interest.
The petitioner in M.V.C.No.5633/2023 are entitled for compensation of Rs.13,19,704/- (Rupees Thirteen lakhs nineteen thousand seven hundred and four only) with interest at the rate of 6% p.a (excluding future medical expenses of Rs.50,000/-) from the date of petition till its realization.
The petitioner is entitled to get release 70% of the award through E-payment directly to her account by obtaining the bank account details and remaining 30% shall be kept in Fixed Deposit in any Scheduled Bank for a period of three years, in her name. The petitioner is at liberty to draw periodical interest.
The respondent No.2 shall deposit above said compensation amount with interest within two (SCCH-3) 27 M.V.C.No.5446/2023 c/w M.V.C.No.5633/2023 months from the date of these Judgments in both the cases.
The Advocate fee is fixed at Rs.1,000/- in each case.
Keep the original Judgment and award in MVC No.5446/2023 and copy of the same in MVC No.5633/2023.
Draw award accordingly.
(Dictated to the Stenographer, transcript thereof is corrected and then pronounced by me in the Open Court on this the 28th day of August, 2025).
(B.S.HONNASWAMY) VII Addl. Judge and ACJM, Bengaluru.
ANNEXURE List of witnesses examined for the petitioners:
P.W.1 Rajeshree Panja
P.W.2 Priyanka Mahato
P.W.3 Srinivasaiah
P.W.4 Dr.Nagaraj.B.N
List of documents marked on behalf of the
petitioners:
(SCCH-3) 28 M.V.C.No.5446/2023
c/w M.V.C.No.5633/2023
Ex.P.1 Copy of FIR
Ex.P.2 Copy of Complaint
Ex.P.3 Copy of Spot Mahazar Ex.P.4 Copy of Sketch Ex.P.5 Copy of 133 Notice Ex.P.6 Copy of Reply to notice Ex.P.7 Copy of IMV report Ex.P.8 Copy of Wound certificate of petitioner in MVC 5446/2023 Ex.P.9 Copy of Charge sheet Ex.P.10 Notarized copy of Aadhaar card of petitioner in MVC 5446/2023 Ex.P.11 Discharge summary Ex.P.12 OPD book Ex.P.13 Discharge summary Ex.P.14 Blood test report Ex.P.15 OPD slip Ex.P.16 Bone test report Ex.P.17 MRI report Ex.P.18 Continued medical documents Ex.P.19 Physiotherapy treatment documents Ex.P.20 Medical bills (108 in Nos.) amounting of Rs.2,63,968/-
Ex.P.21 Prescriptions (07 in Nos.) Ex.P.22 18 Photographs Ex.P.22A CD Ex.P.23 One X-ray Ex.P.24 Copy of Wound certificate of petitioner in MVC 5633/2023 Ex.P.25 Notarized copy of DL of petitioner in MVC 5633/2023 Ex.P.26 08 Nos. Flight charges bills amounting to Rs.67,261/-
Ex.P.27 Letter for Offer for employment Ex.P.28 Salary certificate for the month of July 2023 (SCCH-3) 29 M.V.C.No.5446/2023 c/w M.V.C.No.5633/2023 Ex.P.29 OPD card Ex.P.30 Discharge summary to 32 Ex.P.33 Diagnostic report Ex.P.34 12 continued medical documents Ex.P.35 05 Lab reports Ex.P.36 Radiology report Ex.P.37 X-ray report Ex.P.38 16 Biochemistry and Hematology reports Ex.P.39 Medical bills (83 in Nos.) amounting of Rs.3,03,307/-
Ex.P.40 09 Photographs Ex.P.40A CD Ex.P.41 Authorization letter of PW.3 Ex.P.42 True copy of MLC (02 in Nos.) Ex.P.43 Case sheet (02 in Nos.) Ex.P.44 Disability assessment form Ex.P.45 X-ray Ex.P.46 Disability assessment form Ex.P.47 X-ray List of witnesses examined for the Respondents:
-Nil-
List of documents marked on behalf of the Respondents:
-Nil-
(B.S.HONNASWAMY) VII Addl. Judge and ACJM, Bengaluru.