Bangalore District Court
Mahalingappa vs Iffco Tokio Gen Ins Co. Ltd on 26 March, 2025
KABC020218352023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
(S.C.C.H. - 1)
DATED THIS THE 26th DAY OF MARCH, 2025
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.4867/2023, C/w. M.V.C.No.6085/2023,
M.V.C.No.6086/2023
PETITIONER: Sri.Mahalingappa,
(In MVC No.4867/2023) S/o. Ningappa,
Aged about 71 years,
R/at Shekharappa Badavane,
Near Ganesha Temple,
Avaragere, Davanagere,
Karnataka-577 003.
Represented by his next friend
By Smt.Lakshmidevi,
W/o.Mahalingappa,
Aged about 71 years.
(By Sri.R.Ranganatha,
Advocate)
PETITIONER: Smt.M.Suma,
(in MVC No.6085/2023) W/o.Guruswamy,
Aged about 40 years,
R/at No.24/6,
Venkataramanaswamy
Temple Road,
SCCH-1 2 MVC Nos.4867 C/w 6085
& 6086/2023
Mangammanapalya,
Bommanahalli,
Bangalore-560 068.
(By Sri.R.Ranganatha,
Advocate)
PETITIONER: Sri.J.Guruswamy,
(in MVC No.6086/2023) S/o. Julappa,
Aged about 42 years,
Kanajanahalli village,
HiriyurTaluk,
Chitradurga-577 546.
(By Sri.R.Ranganatha,
Advocate)
- V/s -
RESPONDENTS: 1. IFFCO TOKIO General
(Common in all the 3 Insurance Company Ltd.,
cases) KSCMF Building, 3rd Floor,
3rd Block, 8, Cunningham Road,
Bangalore, Karnataka-560 052.
Reptd. by its Manager.
Policy No.1-2QBA8UG2 P400,
Valid from 16.03.2022 to
15.03.2024.
(By Sri.B.M.Raghavendra,
Sri.T.Ramesh, Advocate)
2. Mr.Prabhu G.B.,
S/o.Basavarajappa G.R.,
# 118, 1st Cross, Sathyanarayana
Layout, 3rd Stage, 4th Block,
S.N.Layout, Basaveshwaranagar,
Bangalore, Karnataka-560 079.
(Owner of the Maxi Cab
SCCH-1 3 MVC Nos.4867 C/w 6085
& 6086/2023
bearing No.KA-51-AB-1727)
(Absent)
COMMON JUDGMENT
Lakshmidevi, W/o.Mahalingappa being guardian of
Mahalingappa, Suma, W/o.Guruswamy, Guruswamy,
S/o.Julappa asserting to be injured, filed petitions under
Section 166 of the Motor Vehicles Act, against the
respondents, who are the insurer and owner of the Maxi
Cab bearing No.KA-51-AB-1727 claiming compensation,
which are registered as MVC Nos.4867/2023, 6085/2023
and 6086/2023 alleging that on 17.04.2023 at about 2.30
a.m., when Mahalingappa, Suma, Guruswamy and others
were traveling by sitting in a Maxi Cab bearing No.KA-51-
AB-1727 from Mylara, Haveri District, towards Bengaluru
on NH-48, near Kyadigere village, Chitradurga taluk and
District, driver of Maxi Cab bearing No.KA-51-AB-1727
drove the same negligently, dashed the same to road
divider, thereby caused accident, caused injuries to
Mahalingappa, Suma, Guruswamy and other inmates of
Maxi Cab.
SCCH-1 4 MVC Nos.4867 C/w 6085
& 6086/2023
2. As on the date of accident, Mahalingappa being
aged 71 years, being a retired service man used to earn
Rs.20,000/- p.m.
3. As on the date of accident Suma W/o.Guruswamy
being aged about 41 years, used to earn Rs.20,000/- p.m.
by vending vegetables at Bengaluru.
4. As on the date of accident Guruswamy,
S/o.Julappa being aged about 42 years, used to earn
Rs.25,000/- p.m. by vending vegetables at Bengaluru.
5. Regarding accident Chitradurga Rural police
registered a case in Crime No.161/2023 against the driver
of Maxi Cab bearing No.KA-51-AB-1727.
6. Mahalingappa, Suma, Guruswamy took treatment
at District Hospital, Chitradurga, Fortis Hospital
Nagarabavi, Bengaluru, Apollo Hospital, Bengaluru,
St.John's Medical College hospital Bengaluru
7. In response to the notice, respondent No.1
Insurance Company appeared through his Advocate and
filed separate written statements denying the allegation
regarding reason, mode of accident, nature and
SCCH-1 5 MVC Nos.4867 C/w 6085
& 6086/2023
consequence of injuries suffered by Mahalingappa, Suma,
Guruswamy.
8. Inspite of service of the notice, respondent No.2
owner of the Maxi Cab vehicle remained absent.
9. On the basis of the pleadings, on 07.10.2024 this
Authority has framed the following issues:
1. Whether the petitioners prove that on 17.04.2023 at
about 2.30 a.m., on NH-48 (Chitradurga - Bengaluru
Highway), near Kyadigere village, Chitradurga taluk,
in view of the negligent use of the Maxi Cab bearing
Reg.No.KA-51-AB-1727 accident taken place resulting
in the injuries to the petitioners-Mahalingappa, Suma
& Guruswamy?
2. Whether the petitioners are entitled for compensation?
If so, how much and from whom?
3. What order?
10. Manjula, K.V.Lalithakshi and Jagadamba who
are the inmates of Maxi Cab bearing Reg.No.KA-51-AB-
1727 in the accident suffered injuries, filed petitions which
are registered as MVC No.6087/2023, MVC No.6088/2023
and Mvc No.6089/2023 claiming compensation and in
those 3 cases, respondent No.1 - Insurance Company and
Manjula, K.V.Lalithakshi and Jagadamba reported
settlement.
SCCH-1 6 MVC Nos.4867 C/w 6085
& 6086/2023
11. On 15.07.2024 and 11.09.2024, Lakshmidevi
W/o.Mahalingappa deposed as P.W.1 and produced 22
documents at Ex.P.1 to P.20, Ex.P.15(a) and Ex.P.44. On
15.07.2024 and 14.11.2024, Suma deposed as P.W.2 and
produced 4 documents at Ex.P.21 to P.24. On 15.07.2024,
07.10.2024 Guruswamy deposed as P.W.3 and produced 5
documents at Ex.P.25 to 29. On 15.07.2024 Manjula,
K.V.Lalithakshi and Jagadamba deposed as P.Ws. 4 to 6
and produced 14 documents at Ex.P.30 to 43.
Lakshmidevi, Suma and Guruswamy on 14.11.2024,
17.12.2024, 21.01.2025, 15.02.2025, 22.02.2025
produced the evidence of Anitha, W/o.Sanjay, Dr.Vikas
Naik, Dr.Mahesh Shekoba, Arokiaswamy and Dr.Shailesh
A.V.Rao as P.Ws.7 to 11 and produced 17 documents at
Ex.P.45 to 62.
12. I heard the arguments submitted on behalf of
both the parties and perused the records.
13. On the basis of materials on record, my findings
on the above issues are as under:
SCCH-1 7 MVC Nos.4867 C/w 6085
& 6086/2023
Issue No.1 in all the 3 cases ... In the affirmative;
Issue No.2 in M.V.C.No.4867/2023 ... Petitioner
Mahalingappa is entitle to receive Rs.30,27,500/- with
current and future interest at 6% p.a. as compensation.
Issue No.2 in M.V.C. No. 6085/2023 ... Petitioner
Suma is entitle to receive Rs.2,92,481/- with current
and future interest at 6% p.a. as compensation.
Issue No.2 in M.V.C.No.6086/2023 ... Petitioner
Guruswamy is entitle to receive Rs.30,000/- with
current and future interest at 6% p.a. as
compensation.
Issue No.3 in all the 3 cases ... As per final order
for the following:-
REASONS
14. Issue No.1 in all the 3 cases: In the evidence
P.W.1 - Lakshmidevi an hearsay witness of the incident,
P.W.2 - Suma, W/o.Guruswamy, P.W.3 - Guruswamy,
S/o.Julappa stated that on 17.04.2023 at about 2.30 a.m.,
when Mahalingappa, Suma, Guruswamy and others were
traveling by sitting in a Maxi Cab bearing No.KA-51-AB-
1727 from Mylara of Haveri District, towards Bengaluru
on NH-48, near Kyadigere village, Chitradurga taluk and
District, driver of Maxi Cab bearing No.KA-51-AB-1727
drove the same negligently, dashed the same to road
SCCH-1 8 MVC Nos.4867 C/w 6085
& 6086/2023
divider, thereby caused accident, caused injuries to
Mahalingappa, Suma, Guruswamy and other inmates of
the Maxi Cab.
15. In the written statements, the respondent No.1
Insurance Company denied the allegation regarding reason
and mode of accident.
16. In the cross-examination, P.W.1 - Lakshmidevi
submitted that she was not present with her husband
during alleged accident.
17. In the cross examination, P.W.2 - Suma and in
the cross-examination P.W.3 - Guruswamy, S/o.Julappa,
nothing has been suggested regarding reason and mode of
accident. As already referred above, respondent No.1 -
Insurance Company has settled the dispute with Manjula,
K.V.Lalithakshi and Jagadamba, who filed MVC No.6087,
2023, MVC No.6088/2023 and MVC No.6089/2023
claiming compensation with respect to the same accident.
18. Ex.P.3 is the copy of FIR pertaining to crime
No.161/2023 registered by Chitradurga Rural police
against Bhuvan, S/o.Gopi, driver of Maxi Cab bearing
SCCH-1 9 MVC Nos.4867 C/w 6085
& 6086/2023
No.KA-51-AB-1727 for having committed offence
punishable under Sections 279, 337 and 304(A) of IPC
and Sec.187 of IMV Act on the basis of the complaint
presented by Rakshith S/o.Puttalingaiah. Ex.P.4 is the
copy of charge sheet filed by Chitradurga Rural police in
Crime No.161/2023 against Bhuvan Kumar, driver of Maxi
Cab bearing No.KA-51-AB-1727 for having committed
offence punishable under Section 279, 337, 338, 304(A) of
IPC and Section 177, 194A of IMV Act. Ex.P.5 is the copy
of Crime Details Form with Sketch, photos of the place of
accident. Ex.P.6 is the copy of Motor Vehicles Accident
Report. Ex.P.7 is the copy of Wound Certificate pertaining
to Mahalingappa, in which the reason for the injuries are
noted as 'patient sustained injury when bus hit a median
near Chitradurga highway on 17.04.2023 around 2.30
a.m.'. Ex.P.21 is the copy of Wound Certificate pertaining
to Suma, W/o.Guruswamy, in which the reason for the
injuries is noted as 'RTA on 17.04.2023 at Kyadigere at
2.30 a.m.'. Ex.P.25 is the copy of Wound Certificate
pertaining to Guruswamy, S/o.Julappa, in which the
SCCH-1 10 MVC Nos.4867 C/w 6085
& 6086/2023
reason for the injuries is noted as 'RTA on 17.04.2023 at
Kyadigere'
19. In these cases, there are no reasons to disbelieve
the evidence placed by P.W.1 to 3 regarding reason, mode
of accident and consequence of accident. Hence, I have
concluded that on 17.04.2023 at 2.30 a.m., when
Mahalingappa, Suma, Guruswamy and others were
traveling by sitting in a Maxi Cab bearing No.KA-51-AB-
1727 from Mylara, Haveri District, towards Bengaluru on
NH-48, near Kyadigere village, Chitradurga taluk and
District, driver of Maxi Cab bearing No.KA-51-AB-1727
drove the same negligently, dashed the same to road
divider, thereby caused accident, caused injuries to
Mahalingappa, Suma, Guruswamy and other inmates of
the Maxi Cab. Hence, I answer Issue No.1 in all the 3
cases in the Affirmative.
20. Issue No.2 in M.V.C.No.4867/2023: In the
evidence P.W.1-Lakshmidevi stated that in the accident,
her husband Mahalingappa suffered grievous injuries i.e.
SCCH-1 11 MVC Nos.4867 C/w 6085
& 6086/2023
Cervical Spine fracture, contusions and abrasions over
right maxillary area, 2 cm abrasion over left temporal area,
lost ability to flex all 5 fingers of right hand, vertical
lacerations over left parietal area and vertex area, took first
aid at District Hospital, Chitradurga, then took treatment
at Fortis hospital, Bengaluru. P.W.1 stated that she has
spent approximately Rs.15,00,000/- for treatment. In the
evidence P.W.1 produced medical bills worth of
Rs.11,87,507 and stated that Star Health Insurance
Company paid Rs.1,20,000/- directly to the Fortis hospital,
Bengaluru and remaining amount worth of Rs.10,67,507/-
paid by her to the hospital. P.W.1 stated that she spent
Rs.15,000/- p.m. towards nursing care and Rs.18,000/-
p.m. for physiotherapy. P.W.1 produced bills worth of
Rs.1,50,000/- sent towards nursing charges and
Rs.1,80,000/- towards physiotherapy charges. P.W.1
stated that in view of the injuries suffered in the accident,
inspite of better treatment, petitioner restricted to bed,
therefore, suffered loss of monthly income worth of
Rs.20,000/-.
SCCH-1 12 MVC Nos.4867 C/w 6085
& 6086/2023
21. In the written statement respondent No.1
Insurance Company denied the allegation regarding nature
and consequence of injuries suffered by by Mahalingappa.
22. In the cross-examination P.W.1 admitted non
production of documents regarding income of her husband
worth of Rs.20,000/- p.m. by working as Poojari/priest
work. P.W.1 denied the suggestion that Star Health
Insurance Company borne entire medical expenses worth
of Rs.11,87,507/-. P.W.1 denied about fabrication of
medical bills, ambulance bills, taxi bills. P.W.1 stated that
Anitha (P.W.7) provided physiotherapy to her husband.
23. In the evidence affidavit P.W.7 - Anitha
W/o.Sanjay stated that Mahalingappa suffered spinal
chord injury in RTA who residing along with his son at
Hiriyur town. P.W.7 stated that after discharge of
Mahalingappa from the hospital, she provided day care
nurse service from 3rd week of May 2023 for a period of 10
months for a monthly salary of Rs.15,000/- p.m. i.e.
Rs.1,50,000/-. In the evidence P.W.7 produced copy of
General Nursing and Midwifery certificate at Ex.P.45 and
submitted issuance of 10 receipts marked at Ex.P.17.
SCCH-1 13 MVC Nos.4867 C/w 6085
& 6086/2023
24. In the cross-examination P.W.7 submitted that
since 01.06.2023 provided nurse service to Mahalingappa,
R/o.Hiriyur. P.W.7 denied the suggestion that by colluding
with the children of Mahalingappa, she get fabricated and
signed vouchers marked at Ex.P.17.
25. In the evidence affidavit P.W.8 - Dr.Vikas Naik,
Neurosurgeon of Fortis hospital, Nagarabavi, Bengaluru
stated about treatment provided to Mahalingappa from
17.04.2023 to 04.05.2023 for the following injuries:
1. Contusion with abrasion over maxillary area, 2
cm abrasion over left temporal, unable to flex all
fingers of right hand.
2. Cervical spine tenderness over lower cervical
region, dorsal and lumbosacral spine tenderness
over D1-D2 region.
3. Cervical spine CT and MRI showed C6-C7
traumatic fracture and lysthesis with cord
contusion.
4. A single vertical laceration of length
approximately 10 cms and single laceration over
left parietal area of length approximately 4 cms.
26. P.W.8 stated that on 05.12.2024 when clinically
examined the petitioner-Mahalingappa, noticed inability to
flex fingers, present of T-tube with difficulty in talking,
needs attendant for walking and carrying out daily
SCCH-1 14 MVC Nos.4867 C/w 6085
& 6086/2023
activities. Petitioner Mahalingappa is having deficit of right
shoulder, elbow and wrist 3/5 with weak grip. In the
evidence P.W.8 produced Clinical Notes, copy of Medico
Legal Register, CT Scan report, Case file and CT film and
report at Exs.P.46 to 50.
27. In the cross-examination P.W.8 stated that
petitioner Mahalingappa suffered fracture of spine, for
which underwent surgery. P.W.8 stated that on
12.12.2024 with the support of family members,
Mahalingappa can discharge his day-to-day activities.
28. Wound certificate, Discharge Summaries, medical
certificates, Photos, CD, case file and other medical
documents shows that in the accident petitioner -
Mahalingappa suffered fracture dislocation of cervical
vertebrae, laceration over left parietal region, abrasion over
left shoulder, contusion over right maxilla, SDH along
posterior aspect of falx and left leaflet of tentorium, took
first aid at District Hospital, Chitradurga, then took
treatment at Fortis hospital, Nagarabhavi, Bengaluru, as
inpatient from17.04.2023 to 15.5.2023. Medical Bills
SCCH-1 15 MVC Nos.4867 C/w 6085
& 6086/2023
shows that P.W.1 has spent 11,87,507/- towards
treatment charges, in which Rs.1,20,000/- has been paid
by Star Health Insurance company to the hospital directly.
In the copy of Aadhar card marked at Ex.P.15(a), birth year
of Mahalingappa is noted as 1951. In the medical records,
age of Mahalingappa is noted as 65 years. Under vouchers
marked at Ex.P.17, P.W.7-Anitha certified receipt of
Rs.15,000/- p.m. for a period of 10 months worth of
Rs.1,50,000/- towards nursing charges. The photos shows
that petitioner Mahalingappa became bed ridden inspite of
better treatment for the injuries suffered in the accident.
29. In the file there are no documentary evidence
regarding occupation and income of Mahalingappa as on
the date of accident. In this case respondents have not
produced any type of evidence to disbelieve the evidence
placed by P.W.1-Lakshmidevi regarding nature of injuries
suffered in the accident, length, place, effect of treatment
and status of Mahalingappa as visible in photo (bed
ridden). Hence, I have inferred that in view of the injuries
suffered in the accident, inspite of better treatment,
Mahalingappa suffered 100% functional disability and
SCCH-1 16 MVC Nos.4867 C/w 6085
& 6086/2023
calculated compensation under the head of loss of future
income by applying multiplier '5' in the following terms:
Age of the Mahalingappa as on the 72 years
date of incident:
Notional monthly income of Rs.16,000/-
Mahalingappa as on the date of
incident :
100% functional disability suffered by Rs.16,000/-
the Mahalingappa:
Multiplier Applicable: 5
Loss of future income due to functional Rs.9,60,000/-
disability (Rs.16,000/- x 12 x 5):
30. Considering nature of the injuries suffered,
length, place, nature of treatment taken by the petitioner
Mahalingappa, I award compensation under the following
heads:
Sl.No. Heads of Compensation Amount
Rs.
1) Pain and sufferings: 5,00,000.00
2) Treatment charges, excluding 10,67,507.00
Rs.1,20,000/- borne by Star Health
Insurance company
3) Conveyance, nourishment and 2,00,000.00
attendant charges:
4) Loss of future income on account of 9,60,000.00
permanent functional disability
5) Loss of amenities and future 3,00,000.00
unhappiness:
Total: 30,27,500.00
SCCH-1 17 MVC Nos.4867 C/w 6085
& 6086/2023
31. Hence, I came to the conclusion that in MVC
No.4867/2023, petitioner-Mahalingappa is entitle for
Rs.30,27,500/- with current and future interest at the
rate of 6% p.a. towards compensation. Hence, I answer
Issue No.2 in MVC No.4867/2023 accordingly.
32. Issue No.2 in M.V.C.No.6085/2023: In the
evidence P.W.2 - Suma stated that in the accident she has
suffered injuries to hand, leg and other injuries all over the
body i.e. fracture dislocation of left elbow, took treatment
at District hospital, Chitradurga, then took treatment at
St.John's Medical College Hospital, Bengaluru as inpatient
from 17.04.2023 to 21.04.2023, on 19.04.2023 underwent
surgery by spending Rs.1,50,000/-. P.W.2 stated that as
on the date of accident, used to earn Rs.20,000/- p.m. by
vending vegetables in a pulling cart on the street at
Bommasandra, Madivala areas of Bengaluru city.
33. In the written statement, respondent No.1 denied
the allegation regarding nature and consequence of injuries
suffered by P.W.2-Suma.
SCCH-1 18 MVC Nos.4867 C/w 6085
& 6086/2023
34. In the cross-examination P.W.2 stated that,
immediately after accident, she has been shifted to
Government hospital, Chitradurga, wherein first aid has
been provided, then she has been shifted to St.John's
Medical College hospital, Bengaluru. P.W.2 denied the
suggestion that in the accident, she never suffered
fractures. P.W.2 submitted that her injuries has been
treated by fixing K-wire. P.W.2 denied the suggestion that
subsequent to discharge from St.John's Medical college
hospital, she never took treatment in any other hospital for
the injuries suffered in the accident.
35. P.W.2 submitted non production of documents
regarding her occupation of vegetable vendor and income
worth of Rs.20,000/- p.m.
36. In the evidence affidavit P.W.9 - Dr.Mahesh
Shekoba of St.John's Medical college hospital, stated about
treatment provided to Suma from 17.04.2023 to
21.04.2023. In the evidence P.W.9 stated that on
25.11.2024, 16.12.2024 when clinically examined the
petitioner-Suma, noticed that Suma suffered disability at
34% to left upper limb, which is 10.2% to whole body. In
SCCH-1 19 MVC Nos.4867 C/w 6085
& 6086/2023
the evidence P.W.9 produced disability calculation sheet,
future medical expense estimation letter, copy of MLC
Register extract, OPD sheet, IP Record and X-rays at
Exs.P.52 to 57.
37. In the cross-examination P.W.9 stated that after
satisfaction of the health status, Suma has been
discharged from the hospital. P.W.9 admitted that as per
X-ray as on 25,11,2024, 16.12.2024 fractures of Suma are
united and Suma reached maximum stage of recovery.
P.W.9 admitted that with some difficulties/limitations
Suma can attend her day-to-day activities and duties.
38. Wound certificate, Discharge Summary,
prescriptions, Case sheet and other medical records shows
that in the accident dated 17.04.2023 petitioner - Suma
suffered cut lacerated wound over left elbow, fracture of left
ulna, took first aid at District Hospital, Chitradurga, then
taken treatment at St.John's Medical College hospital,
Bengaluru, from17.04.2023 to 21.04.2023. Medical Bills
shows that Suma spent approximately Rs.81,481/-
towards treatment charges. In the copy of Aadhar card
SCCH-1 20 MVC Nos.4867 C/w 6085
& 6086/2023
marked at Ex.P.23, date of birth of Suma is noted as
10.06.1983.
39. In this case Suma has not produced documentary
evidence regarding quantum of her income. In the file,
there are no evidence to show either loss of income or
decrease in the income of petitioner-Suma subsequent to
treatment taken for the injuries suffered in the accident. As
referred above, in the evidence P.W.9 - Dr.Mahesh stated
that as on 16.12.2024 fracuter of Suma are united and she
can perform duties and day to day activities with some
difficulties. Hence, I have inferred that oral evidence of
P.W.9-Dr.Mahesh Shekoba is insufficient to award
compensation to Suma under the head of loss of future
income.
40. Considering nature of the injuries suffered,
length, place, nature of treatment taken by the petitioner,
lack of documentary evidence regarding quantum of
income of petitioner-Suma, I award compensation under
the following heads:
SCCH-1 21 MVC Nos.4867 C/w 6085
& 6086/2023
Sl.No. Heads of Compensation Amount
Rs.
1) Pain and sufferings: 60,000.00
2) Treatment charges: 81,481.00
3) Conveyance, nourishment and 10,000.00
attendant charges:
4) Loss of income during treatment 96,000.00
period (Rs.16,000/- x 6):
5) Loss of amenities and future 45,000.00
unhappiness:
Total: 2,92,481.00
41. Hence, I came to the conclusion that in MVC
No.6085/2023, petitioner-Suma is entitle for
Rs.2,92,481/- with current and future interest at the
rate of 6% p.a. towards compensation. Hence, I answer
issue No.2 in MVC No.6085/2023 accordingly.
42. Issue No.2 in M.V.C.No.6086/2023: In the
evidence P.W.3 - Guruswamy S/o.Julappa stated that in
the accident he has suffered injuries to backside hand, leg,
head, abrasion over left upper side head, imbalance while
walking, took treatment at District hospital, Chitradurga,
then took treatment at local clinic, Koramangala, then as
per the advice of doctors, underwent CT scan, then noticed
right fronto-parieto-temporal convexity, therefore, took
SCCH-1 22 MVC Nos.4867 C/w 6085
& 6086/2023
treatment at St.John's Medical college hospital as
inpatient, underwent surgery by spending approximately
Rs.2,00,000/-, however possessing bills worth of
Rs.1,18,767/-. P.W.3 stated that as on the date of
accident, used to earn Rs.25,000/- p.m. by vending
vegetables by keeping in pulling cart and TVS Motorcycle
in the locality of Bommasandra, Madivala areas,
Bengaluru.
43. In the written statement, respondent No.1 denied
the allegation regarding nature and consequence of injuries
suffered by P.W.3-Guruswamy.
44. In the cross-examination P.W.3 stated that he
has passed SSLC. P.W.3 stated that immediately after
accident, he has been shifted to Govt. hospital,
Chitradurga, wherein he has been treated for one day.
P.W.3 stated that in Chitradurga hospital, doctors have
provided tablets. P.W.3 stated that, in the accident, he has
not suffered bleeding injuries. P.W.3 admitted that, in the
Wound Certificate issued by Government hospital,
Chitradurga marked at Ex.P.25, nature of injuries are
noted as simple and nothing has been mentioned about
SCCH-1 23 MVC Nos.4867 C/w 6085
& 6086/2023
head injury. P.W.3 stated that, prior to one year as on the
date of incident, he was facing BP and Hypertension.
P.W.3 stated that as his wife Suma and other members of
the family faced difficulties, due to the injuries suffered in
the accident, he became panic, therefore on 29.05.2023
went to St.John's Medical College Hospital, Koramangala.
P.W.3 denied the suggestion that, treatment taken at
St.John's Medical College Hospital from 29.05.2023
onwards are not concerned to the injuries suffered in the
accident dated 17.04.2023. P.W.3 denied the suggestion
that bills marked at Ex.P.28 are not concerned to the
treatment taken for the injuries suffered in the accident
dated 17.4.2023 and those bills are created for the purpose
of this case. P.W.3 admitted lack of documents regarding
his income worth of Rs.25,000/- p.m. P.W.3 denied the
suggestion that as on the date of cross-examination
(01.10.2024) he is not facing any difficulties to discharge
his duties (vending vegetables) or perform day to day
activities.
45. In the evidence P.W.10 - Sri.Arokiaswamy, staff of
St.John's Hospital produced Inpatient record, Discharge
SCCH-1 24 MVC Nos.4867 C/w 6085
& 6086/2023
summary, outpatient record pertaining to Guruswamy at
Ex.P.59 to P.61.
46. In the evidence P.W.11 - Dr.Shailesh A.V.Rao
stated that on 29.11.2024 when clinically examined the
petitioner-Guruswamy, noticed that Guruswamy suffered
suggestive of less than 40% disability. In the evidence
P.W.11 produced Neuro Psychological Assessment Report
dated 28.01.2025 signed by Dr.Jayanthi, at Ex.P.62.
47. In the cross-examination dated 22.02.2025,
P.W.11 stated that he has not personally conducted
surgery to Guruswamy, however personally treated
Guruswamy. P.W.11 submitted that under his instruction,
Dr.Vinayak conducted surgery to Guruswamy. P.W.11
submitted that after approximately 9 months from the date
of incident, he has medically examined Guruswamy to
assess quantum of disability. P.W.11 admitted that as per
the information provided by Guruswamy, noted that he is
having headache. P.W.11 submitted that as on 29.11.2024
Guruswamy reached maximum stage of recovery and
Guruswamy can perform his day to day activities with
difficulty. P.W.11 admitted that as on 29.11.2024
SCCH-1 25 MVC Nos.4867 C/w 6085
& 6086/2023
Guruswamy never suffered any neurological defect and
also never suffered loss of IQ. P.W.11 submitted that as on
29.11.2024 Guruswamy suffered less than 40% disability
pertaining to IDEAS score.
48. Wound Certificate marked at Ex.P.25 shows that
in the accident Guruswamy suffered tenderness at neck,
took treatment at Government Hospital, Chitradurga. In
the Wound Certificate marked at Ex.P.25 nature of injuries
suffered by Guruswamy is noted as simple in nature,
49. Discharge Summary marked at Ex.P.26 shows
that Guruswamy took treatment at St.John's Medical
College Hospital, Bengaluru from 29.05.2023 to
02.06.2023 for B/L chronic sub-dural hematoma, systemic
hypertension. In the Discharge Summary marked at
Ex.P.26 history is noted as 41 years old male a k/c/o HTN
presented with h/o headache for 3 weeks, recent
exacerbation since last 5 days, imbalance while walking for
5 days, h/o RTA bus accident on 16.4.23, no h/o
seizure/weakness of limbs/urinary or fecal incontinence.
In the copy of Aadhar card marked at Ex.P.27, date of birth
of Guruswamy is noted as 10.07.1981.
SCCH-1 26 MVC Nos.4867 C/w 6085
& 6086/2023
50. Medical bills marked at Ex.P.28 shows that since
29.05.2023 upto 28.12.2023 P.W.3 spent approximately
Rs.1,18,727/- for treatment taken at St.John's medical
College Hospital as inpatient and outpatient. In the
outpatient medical bills of St.John's Medical College
Hospital, status of Guruswamy is noted as 'regular
patient'. Inpatient case sheet marked at Ex.P.59 shows
that since 29.05.2023 to 02.06.2023 Guruswamy took
treatment at St.John's Medical College Hospital for chronic
sub-dural Hematoma/systemic Hypertension. In this case
there is no explanation from either P.W.3 - Guruswamy or
P.W.11 - Dr.Shailesh A.V.Rao about relationship between
simple injuries suffered to the neck by Guruswamy on
17.04.2023 in RTA and B/L chronic sub-dural hematoma,
systemic hypertension suffered or noticed on 29.05.2023
and treatment taken for that problem. Hence, it is to be
inferred that in the accident dated 17.04.2023 Guruswamy
suffered simple injuries to neck for which taken treatment
at Government Hospital, Chitradurga, then on 29.05.2023
and subsequent to 29.05.2023 taken treatment for B/L
chronic sub-dural hematoma, systemic hypertension by
SCCH-1 27 MVC Nos.4867 C/w 6085
& 6086/2023
spending approximately Rs.1,18,727/-. Hence, it is clear
that treatment taken for the simple injuries suffered in the
accident dated 17.04.2023 and treatment taken at
St.John's Medical College Hospital on 29.05.2023
subsequent to that date for B/L chronic sub-dural
hematoma, systemic hypertension are different and not
related to each other. Hence, I have inferred that P.W.3 -
Guruswamy is not entitle to receive compensation with
respect to treatment taken for B/L chronic sub-dural
hematoma, systemic hypertension and other problems
from 29.5.2023 onwards.
51. Considering nature of the injuries suffered,
length, place, nature of treatment taken by the petitioner-
Guruswamy as noted in the Wound Certificate marked at
Ex.P.25, I award compensation under the following heads:
Sl.No. Heads of Compensation Amount
Rs.
1) Pain and sufferings: 10,000.00
2) Conveyance, nourishment and 10,000.00
attendant charges:
3) Loss of amenities and future 10,000.00
unhappiness:
Total: 30,000.00
SCCH-1 28 MVC Nos.4867 C/w 6085
& 6086/2023
52. Hence, I came to the conclusion that the
petitioner - Guruswamy, S/o.Julappa is entitle to receive
Rs.30,000/- with current and future interest at the rate of
6% p.a. as compensation. Hence, I answer issue No.2 in
MVC No.6086/2023 accordingly.
53. Issue No.3 in all the 3 cases: In the written
statement respondent No.1 - Insurance Company admitted
the subsistence of policy with respect to Maxi Cab bearing
No.KA-51-AB-1727 as on the date of incident. As referred
above, Insurance Company settled the dispute with
Manjula, K.V.Lalithakshi and Jagadamaba in MVC
No.6087/2023, MVC No.6088/2023 and MVC
No.6089/2023. Hence, I came to conclusion that in these
3 cases the respondent No.1 and 2 being the insurer and
owner of Maxi Cab bearing No.KA-51-AB-1727 are liable to
pay compensation and awards are to be passed directing
the respondents to pay compensation to the petitioners.
Hence, I answer Issue No.3 accordingly in all the 3 cases
and pass the following:
SCCH-1 29 MVC Nos.4867 C/w 6085
& 6086/2023
ORDER
Petitions filed under Section 166 of IMV Act by Lakshmidevi - guardian and wife of Mahalingappa, Suma, W/o.Guruswamy, Guruswamy, S/o.Julappa, which are registered as M.V.C.No.4867/2023, MVC No.6085/2023, MVC No.6086/2023 are partly allowed.
In M.V.C.No.4867/2023, respondents shall either jointly or severally pay Rs.30,27,500/- (Rupees Thirty Lakhs Twenty Seven thousand Five hundred only) with current and future interest at 6% p.a., to the petitioner Mahalingappa towards compensation.
In M.V.C.No.6085/2023, respondents shall either jointly or severally pay Rs.2,92,481/- (Rupees Two lakhs ninety two thousand four hundred and eighty one only) with current and future interest at 6% p.a., to the petitioner-Suma towards compensation.
In M.V.C.No.6086/2023, respondents shall either jointly or severally pay Rs.30,000/- (Rupees Thirty thousand only) with current and future interest at 6% p.a., to the petitioner-Guruswamy towards compensation.
SCCH-1 30 MVC Nos.4867 C/w 6085& 6086/2023 In all the 3 cases, respondent No.1 being the insurer of Maxi Cab bearing No.KA-51-AB-1727 shall deposit the compensation within 3 months from today.
In M.V.C.No.4867/2023 after deposit of compensation amount, entire compensation amount and interest may be released to the petitioner - Mahalingappa by crediting the same to the bank account of Lakshmidevi W/o.Mahalingappa, P.W.1 directly.
In M.V.C.No.6085/2023 and M.V.C.No.6086/2023 after deposit, entire compensation amount and interest may be released to the petitioners by crediting the same to their respective bank accounts directly.
Advocate's fee is fixed at Rs.1,000/- in each case.
Office to keep original judgment in the file pertaining to MVC No.4867/2023 and copies thereof in the file pertaining to MVC No.6085/2023 and M.V.C.No.6086/2023.
Draw Awards accordingly.
(Dictated to the Stenographer Gr.I, transcribed by her, corrected, signed and then pronounced by me in the Open Court on this the 26th day of March, 2025.) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
SCCH-1 31 MVC Nos.4867 C/w 6085& 6086/2023 ANNEXURES Witnesses examined on behalf of the petitioners:
P.W.1 : Smt.Lakshmidevi - dt. 15.07.2024, 11.09.2024 P.W.2 : M.Suma - dt.15.07.2024 P.W.3 : Guruswamy - dt. 15.07.2024, 07.10.2024 P.W.4 : Manjula K.J. - dt. 15.07.2024 P.W.5 : K.V.Lalithakshi - dt. 15.07.2024 P.W.6 : Jagadamba - dt. 15.07.2024 P.W.7 : Anitha N. - dt. 14.11.2024 P.W.8 : Dr.Vikas Naik - dt. 17.12.2024 P.W.9 : Dr.Mahesh Shekoba - dt. 17.12.2024 P.W.10: Arokiaswamy - dt.21.01.2025 P.W.11: Dr.Shailesh A.V.Rao - 15.02.2025, 22.02.2025 Documents marked on behalf of the petitioners:
Ex.P-1 Letter dated 15.07.2023 issued by Fortis hospital regarding treatment of Mahalingappa.
Ex.P-2 Letter dated 23.04.2024 issued by Appollo hospital regarding treatment of Mahalingappa.
Ex.P-3 True copy of FIR and complaint. Ex.P.4 True copy of Charge sheet. Ex.P-5 True copy of spot mahazar. Ex.P.6 True copy of IMV Report. Ex.P.7 True copy of Wound Certificate of Mahalingappa.
Ex.P.8 CT brain plain and CT of Extreme shoulder SCCH-1 32 MVC Nos.4867 C/w 6085 & 6086/2023 pertaining to Mahalingappa. Ex.P.9 Discharge summary issued by District hospital, Chitradurga pertaining to Mahalingappa.
Ex.P.10 Discharge summary issued by Fortis hospital pertaining to Mahalingappa Ex.P.11 Discharge summary issued by Fortis hospital pertaining to Mahalingappa. Ex.P.12 Discharge summary of Apollo hospital pertaining to Mahalingappa. Ex.P.13 Letter issued by General Nursing of Mahalingappa.
Ex.P.14 Letter issued by physiotherapist pertaining to Mahalingappa.
Ex.P.15 Photos of petitioner-Mahalingappa as on the date of accident and present insertion of T- Tube in the neck region.
Ex.P.15(a) Attested copy of Aadhar Cards P.W.1 and her husband-Mahalingappa.
Ex.P.16 44 medical bills amounting to Rs.11,87,507/- pertaining to Mahalingappa. Ex.P.17 10 Vouchers regarding payment pertaining to Mahalingappa Ex.P.18 10 general nursing charges pertaining to Mahalingappa.
Ex.P.19 6 Ambulance bills pertaining to Mahalingappa.
Ex.P.20 9 prescriptions pertaining to Mahalingappa. Ex.P.21 True copy of Wound Certificate pertaining to P.W.2 - M.Suma.
Ex.P.22 Discharge summary of Suma. Ex.P.23 Attested copy of Aadhar card of M.Suma. Ex.P.24 37 medical bills pertaining to M.Suma.SCCH-1 33 MVC Nos.4867 C/w 6085
& 6086/2023 Ex.P.25 True copy of Wound Certificate pertaining to P.W.3 - Guruswamy.
Ex.P.26 Discharge summary pertaining to Guruswamy.
Ex.P.27 Attested copy of Aadhar card of Guruswamy. Ex.P.28 34 Medical bills of Guruswamy. Ex.P.29 14 Prescriptions ( 2 CT brain reports) Ex.P.30 True copy of Wound Certificate pertaining to Manjula K.J. Ex.P.31 Discharge summary pertaining to Manjula K.J. Ex.P.32 Attested copy of Aadhar card of Manjula K.J. Ex.P.33 9 Medical bills pertaining to Manjula K. Ex.P.34 4 prescriptions pertaining to Manjula K. Ex.P.35 True copy of Wound Certificate of K.V.Lalithakshi.
Ex.P.36 Attested copy of Aadhar card of Lalithakshi. Ex.P.37 38 Medical bills pertaining to Lalithakshi. Ex.P.38 2 Prescriptions pertaining to Lalithakshi. Ex.P.39 True copy of Wound Certificate pertaining to Jagadamba.
Ex.P.40 Discharge summary of Jagadamba. Ex.P.41 Attested copy of Aadhar card of Jagadamba. Ex.P.42 32 Medical bills pertaining to Jagadamba. Ex.P.43 1 Prescription pertaining to Jagadamba. Ex.P.44 Copy of Bill Assessment sheet issued by Star Health Insurance company regarding payment of Rs.1,20,000/- pertaining to Mahalingappa.
Ex.P.45 Attested copy of General Nursing and Midwifery certificate of P.W.7-Anitha N. SCCH-1 34 MVC Nos.4867 C/w 6085 & 6086/2023 Ex.P.46 Clinical Notes dated 05.12.12.2024/12.12.2024 pertaining to Mahalingappa.
Ex.P.47 Copy of Medico Legal Register pertaining to Mahalingappa.
Ex.P.48 CT Scan report dated 08.12.2024 pertaining to Mahalingappa.
Ex.P.49 Inpatient file pertaining to Mahalingappa. Ex.P.50 CT film and report pertaining to Mahalingappa.
Ex.P.51 Authorization letter dated 16.12.2024 to give evidence regarding petitioner Suma. Ex.P.52 Disability calculation sheet pertaining to Suma.
Ex.P.53 Future medical expense estimation letter pertaining to Suma..
Ex.P.54 Copy of MLC Register extract pertaining to Suma..
Ex.P.55 7 OPD sheet pertaining to Suma. Ex.P.56 IP Record pertaining to Suma. Ex.P.57 X-ray films pertaining to Suma. Ex.P.58 Authorization letter dated 20.01.2025 to give evidence regarding petitioner-Guruswamy. Ex.P.59 Inpatient record pertaining to Guruswamy. Ex.P.60 Discharge summary pertaining to Guruswamy.
Ex.P.61 Outpatient record pertaining to Guruswamy. Ex.P.62 Neuro Psychological assessment report dated 28.01.2025 of Guruswamy.
Witnesses examined on behalf of the respondents:
Nil.SCCH-1 35 MVC Nos.4867 C/w 6085
& 6086/2023 Documents marked on behalf of the respondents:
Nil.
(J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.