Bangalore District Court
Agnes.A vs Vinod B.S on 12 January, 2026
SCCH-14 1 MVC.1125 TO 1128/2020
KABC020059802020
BEFORE THE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL,
BANGALORE CITY.
SCCH-14
Dated : This the 12th day of January, 2026
Present : Smt.N.Anupama,
B.A., LL.B.,
MEMBER, MACT,
XVI ADDL. JUDGE,
COURT OF SMALL CAUSES,
BENGALURU.
MVC No.1125/2020 C/w MVC.1126/2020, MVC.1127/2020 &
MVC.1128/2020
Petitioner: : Agnes.A
In MVC.1125/2020 D/o Arokiya Dass,
Aged about 28 years,
No.16/38, Mosque Street,
Uthayendiram,
Vellore District
Tamilnadu - 635 754.
Since bed ridden and
not responding rep.by her
father and natural guardian,
Sri Arokiya Dass,
SCCH-14 2 MVC.1125 TO 1128/2020
S/o Irudhayam,
Aged about 62 years,
No.16/38, Mosque Street,
Ambur Block,
Uthayendiram,
Vellore District,
Tamilnadu - 635 754.
Petitioner: Dixon.K.George,
In MVC.1126/2020 S/o Late G.Kevin George,
Aged about 1 year 7 months,
Since minor rep.by his
Grand father and natural
Guardian Sri.Arokiya Dass
S/o Irudhayam,
Aged about 62 years,
No.16/38, Mosque Street,
Ambur Block,
Uthayendiram,
Vellore District,
Tamilnadu - 635 754.
Petitioners: Dixon K.George,
In MVC.1127/2020 S/o Late G.Kevin George,
Aged about 1 year 7 months,
Since minor rep.by his
Grand father and natural
Guardian Sri.Arokiya Dass
S/o Irudhayam,
Aged about 62 years,
No.16/38, Mosque Street,
Ambur Block,
Uthayendiram,
Vellore District,
Tamilnadu - 635 754.
SCCH-14 3 MVC.1125 TO 1128/2020
Petitioners: Dixon K.George,
In MVC.1128/2020 S/o Late G.Kevin George,
Aged about 1 year 7 months,
Since minor rep.by his
Grand father and natural
Guardian Sri.Arokiya Dass
S/o Irudhayam,
Aged about 62 years,
No.16/38, Mosque Street,
Ambur Block,
Uthayendiram,
Vellore District,
Tamilnadu - 635 754.
(By Sri.K.N.Channappa, Adv)
- Vs -
Respondent/s 1.Vinod B.S.
In all the cases No.128/4B,
Srirampura 2nd Stage,
Behind Brushpathacharya
School, Mysore -570 023.
Owner of Tipper lorry
bearing No.KA-09/C-3783.
(By Sri.R.D.Pancham,Adv)
2.National Insurance Co.Ltd.,
Regional Office, No.144,
Shubharam Complex, M.G.Road,
Bangalore - 560 001.
(By Smt.Geetha Raj,Adv)
SCCH-14 4 MVC.1125 TO 1128/2020
JUDGMENT:
The Petitioner - Agnes represented by her Father - Arokiya Das in MVC 1125/2020 has filed the Petition under Section 166 of the Motor Vehicles Act seeking Compensation of Rs.1,00,00,000/- for the injuries sustained in the Road Traffic Accident.
(ii) The Minor Petitioner - Dixon represented by her Grand- father - Arokiya Das in MVC 1126/2020 has filed the Petition under Section 166 of the Motor Vehicles Act seeking Compensation of Rs.30,00,000/- for the injuries sustained in the Road Traffic Accident.
(iii) The Minor Petitioner - Dixon represented by her Grand- father - Arokiya Das in MVC 1127/2020 has filed the Petition under Section 166 of the Motor Vehicles Act seeking Compensation of Rs.2,00,00,000/- for the death of G.Kevin George S/o Late George in the Road Traffic Accident.
(iv) The Minor Petitioner - Dixon represented by her Grand- father - Arokiya Das in MVC 1128/2020 has filed the Petition under Section 166 of the Motor Vehicles Act seeking Compensation SCCH-14 5 MVC.1125 TO 1128/2020 of Rs.2,00,00,000/- for the death of Reena.A W/o G.Kevin George in a Road Traffic Accident.
All the above Petitions are arising-out of the same accident and hence are clubbed together.
2. Ms.Agnes - the petitioner in M.V.C.No.1125/2020 is the Aunt (Mother's Sister) of Master Dixon - Minor Petitioner in M.V.C.No.1126/2020, 1127/2020 & 1128/2020. Having sustained the Head Injury, the petitioner in M.V.C.No.1125/2020 is represented by her Father - Arokiya Das, claiming compensation for the injury sustained by her. The Minor Petitioner in M.V.C.No.1126/2020, 1127/2020 & 1128/2020 who is represented by his Grand-father - Arokiya Das, has filed M.V.C.No.1126/2020 seeking compensation for the injuries sustained by him in the accident, and has filed M.V.C.No.1127/2020 & M.V.C.No.1128/2020 seeking compensation for the death of his father & mother respectively, in the accident.
3. The gist of the case of Petitioners in M.V.C.Nos. 1125/2020, 1126/2020, 1127/2020 & 1128/2020 are as under:
That on 17.11.2019 at about 6.30 a.m., near Tobacco Board, SCCH-14 6 MVC.1125 TO 1128/2020 Chilkunda Village, Hunsur Taluk, Mysore District, while Agnes, Dixon, Kevin George (father of Dixon), Reena (mother of Dixon) and Meriya were proceeding in Tata Tiago Car bearing no.TN-02/BQ-
2525, one Tipper Lorry bearing no.KA-09/C-3783 came from the opposite-direction in a rash and negligent manner and dashed against the said car. As a result, all the inmates of the car sustained injuries. While Kevin George died on the spot, Reena.A died on the way to hospital.
4. Immediately after the accident, Ms.Agnes - the petitioner in MVC 1125/2020 was taken to D.R.M Hospital, Mysore, and then to Ramaiah Memorial Hospital, Bangalore, where she was treated as an inpatient. That prior to the date of accident, she was hale and healthy and was working in a Private firm, earning Rs.50,000/- per month.
5. Immediately after the accident, Master Dixon - the petitioner in MVC.1126/2020 was taken to Government Hospital, Husur, then to D.R.M Hospital, Mysore, and then to Kanchi Kamakoti Childs Trust Hospital, Chennai, where he was treated as SCCH-14 7 MVC.1125 TO 1128/2020 an inpatient. That prior to the date of accident, he was hale and healthy and he is one year 7 months baby.
6. That prior to the accident, Kevin Geroge (deceased) was hale and healthy and was working as an Engineer, earning more than Rs.50,000/- per month.
7. That prior to the accident, Reena.A (deceased) was hale and healthy and was working as a Staff Nurse and was earning more than Rs.30,000/- per month.
8. That the accident has taken place solely due to the rash and negligent driving of the Driver of the Tipper Lorry. Respondent no.1 is the Owner and Respondent no.2 is the Insurer of the Tipper lorry and both are jointly and severally liable to pay the compensation to Petitioners.
9. In pursuance of notice, the Respondents appeared through their respective counsels and filed their objections to main petition.
10. In the Objection Statement, Respondent no.1-Owner of SCCH-14 8 MVC.1125 TO 1128/2020 Tipper Lorry has denied the negligent driving by the driver of Tipper lorry. It is contended that the accident was due to the sole negligence of the driver of the car. It is stated that the Tipper Lorry bearing no.KA-09/C-3783 was insured with Respondent no.2 and the Policy was in force as on the date of accident. On these grounds, Respondent no.1 has prayed to dismiss the petition against him.
11. In the Objection Statement, Respondent no.2-Insurer of the Tipper Lorry, has denied the age, avocation and income of the petitioners and deceased -Kevin George and Reena. It is also denied that the accident was due to the negligence of the driver of Tipper lorry. Thus, it is prayed to dismiss the petition.
12. On the rival pleadings, the following Issues have been framed:
ISSUES IN MVC.1125/2020
1. Whether the Petitioner proves that she sustained grievous injuries in the nature of permanent disablement on 17.11.2019 at about 6.30 a.m. Tobacco Board, Chilkunda Village, Hunsur Taluk, Mysore District, in an SCCH-14 9 MVC.1125 TO 1128/2020 accident arising due to rash and negligent driving of the driver of Tipper lorry bearing Reg. No.KA-09-C-3783?
2. Whether the petitioner is entitled for compensation? If so, how much and from whom?
3. What Order or Award?
ISSUES IN MVC.1126/2020
1. Whether the Petitioner proves that he sustained grievous injuries in the nature of permanent disablement on 17.11.2019 at about 6.30 a.m. Tobacco Board, Chilkunda Village, Hunsur Taluk, Mysore District, in an accident arising due to rash and negligent driving of the driver of Tipper lorry bearing Reg. No.KA-09-C-3783?
2. Whether the petitioner is entitled for compensation? If so, how much and from whom?
3. What Order or Award?
SCCH-14 10 MVC.1125 TO 1128/2020
ISSUES IN MVC.1127/2020
1. Whether the petitioner proves that he is the legal-representative of the deceased?
2. Whether the Petitioner proves that Kevin George S/o Late George died due to injuries sustained by him in an accident occurred on 17.11.2019 at about 6.30 a.m. Tobacco Board, Chilkunda Village, Hunsur Taluk, Mysore District, in an accident arising due to rash and negligent driving of the driver of Tipper lorry bearing Reg. No.KA-09-C-3783?
3. Whether the petitioner is entitled for compensation? If so, how much and from whom?
4. What Order or Award?
ISSUES IN MVC.1128/2020
1. Whether the petitioner proves that he is the legal-representative of the deceased?
2. Whether the Petitioner proves that Reena.A W/o Kevin George died due to injuries sustained by her in an accident occurred on 17.11.2019 at about 6.30 a.m. Tobacco Board, Chilkunda Village, Hunsur Taluk, SCCH-14 11 MVC.1125 TO 1128/2020 Mysore District, in an accident arising due to rash and negligent driving of the driver of Tipper lorry bearing Reg. No.KA-09-C-3783?
3. Whether the petitioner is entitled for compensation? If so, how much and from whom?
4. What Order or Award?
13. Common Evidence has been led in all the cases. More specifically, in MVC.1125/2020, the On behalf of Petitioners, PWs.1 to 12 have been examined and Exs.P.1 to 69 have been marked. On the other hand, Respondent No.1 has got the driver of the Tipper Lorry examined as RW.1. A Member of the Medical Board of Christian Medical College, Vellore, has been summoned and examined as CW.1 and got marked Ex.C-1.
14. Perused the materials on record. Heard the arguments of both-sides.
15. My answer to the Issues in MVC.1125/2020 are as under :
Issue No.1 : In the Affirmative
SCCH-14 12 MVC.1125 TO 1128/2020
Issue No.2 : Partly in the Affirmative.
Issue No.3 : As per the Final Order,
for the following :
16. My answer to the Issues in MVC.1126/2020 are as under
:
Issue No.1 : In the Affirmative
Issue No.2 : Partly in the Affirmative.
Issue No.3 : As per the Final Order,
for the following :
17. My answer to the Issues in MVC.1127/2020 are as under :
Issue No.1 : In the Affirmative
Issue No.2 : In the Affirmative
Issue No.3 : Partly in the Affirmative.
Issue No.4 : As per the Final Order,
for the following :
18. My answer to the Issues in MVC.1128/2020 are as under :
Issue No.1 : In the Affirmative
Issue No.2 : In the Affirmative
Issue No.3 : Partly in the Affirmative.
Issue No.4 : As per the Final Order,
for the following :
SCCH-14 13 MVC.1125 TO 1128/2020
REASONS
19. Issue No.1 in MVC No.1125/2020, 1126/2020 and Issue No.2 in MVC No.1127/2020 and MVC.1128/2020 :- Since these issues are inter-linked, they are taken-up together for discussion to avoid the repetition of the facts.
It is the case of petitioners - Agnes & Dixon that they have sustained injuries, whereas, Kevin George & Reena.A succumbed to the injuries sustained by them in the accident caused by the driver of the offending Tipper Lorry bearing no.KA-41-B-0722. On the other hand, the Respondents have denied that the accident was due to the rash & negligent driving of the driver of the offending lorry.
20. Common Evidence has been led in all the cases.
i) More specifically, in MVC.1125/2020, the father of Petitioner has got examined himself as P.W.1 Exs.P-1 to Ex.P-18, Exs.P.42 to 44 and Exs.P.67 to 69 have been marked. Next, the MRO of Jain Hospital has been examined as PW.5 and Exs.P.45 to SCCH-14 14 MVC.1125 TO 1128/2020 47 have been marked. The MRO of Baptist Hospital has been examined as PW.6 and Exs.P.48 to 49 have been marked. The MRO of Christian Medical Hospital has been examined as PW.8 and Exs.P.53 to 56 have been marked. The Manager of Sancibi Associates has been examined as PW.10 and Ex.P.59 has been marked. The MRO of M.S.Ramaiah Hospital has been examined as PW.11 and Exs.P.60 to 63 have been marked. The Doctor of Victoria Hospital has been examined as PW.12 and Exs.P.64 to 66 have been marked.
ii) More specifically, in MVC.1126/2020, the grand-father of the Petitioner has got examined himself as P.W.2 and got marked documents as per Exs.P-19 to Ex.P-24. The MRO of K.K.Child Trust Hospital has been examined as PW.9 and Exs.P.57 & 58 have been marked.
iii) More specifically, in MVC.1127/2020, the grand-father of Petitioner has got examined himself as P.W.3 and got marked documents as per Exs.P-25 to Ex.P-35. The Group Manager of Tech Mahindra has been examined as PW.7 and Exs.P.50 to 52 have been marked.
SCCH-14 15 MVC.1125 TO 1128/2020
iv) More specifically, in MVC.1128/2020, the grand-father of the Petitioner got examined himself as P.W.4 and got marked documents Exs.P-36 to Ex.P-41.
v) On the other hand, Respondent No.1 has got the driver examined as RW.1. A Member of the Medical Board of Christian Medical College, Vellore, has been summoned and examined as CW.1 and got marked Ex.C-1.
21. Exs.P.1 to P.5 are the true-copy of FIR and Complaint, Spot Mahazar and Sketch, IMV report, Wound certificate and Charge sheet.
22. The FIR & Complaint at Ex.P.1 shows that Hunsur Rural Police have registered the case against the driver of the Tipper Lorry bearing no.KA-09-C-3783 for the offences punishable under Section 279, 337, 304A of IPC r/w Section 187 of MV Act, on the basis of the statement of Meriya - one of the inmates of the car. As per the statement of Meriya, on 17.11.2019, while she and other inmates of the car - her sisters - Agnes & Reena, Reena's Husband - Kevin George (who was driving the car) and Reena's 1 ½ year old son - SCCH-14 16 MVC.1125 TO 1128/2020 Dixon, were returning to Chennai after a trip to Madikeri, and were proceeding towards Mysuru, the Tipper Lorry coming from the opposite-direction in a rash & negligent manner, dashed against their car. As per the Spot Mahazar and Sketch at Ex.P.2, the Road at the accident spot was 30 feet in width, and the exact spot of accident was : "at a distance of 8 feet from the left-side edge of the road towards Mysore", and "at a distance of 22 feet from the left- side edge of the road towards Madikeri". Admittedly, the Car was proceeding towards Mysore and the Tipper Lorry was proceeding towards Madikeri. This makes it clear that the Tipper Lorry proceeding towards Madikeri, has gone to the other half of the road and dashed against the Car coming from the opposite-direction. The damages noticed in the IMV Report at Ex.P.3 corroborates the fact that it is a 'Head-on collision'. In the Mahazar & Sketch at Ex.P.2, there is also a mention that there have been tyre marks of the Tipper Lorry at the spot, and after such collision, the Lorry has dragged the Car out of the road towards the right to a distance of 20 feet. These aspects clearly depict that the driver of the Tipper Lorry has been rash & negligent.
SCCH-14 17 MVC.1125 TO 1128/2020
23. Next, after thorough investigation, the I.O. has filed the Charge-sheet at Ex.P.5 against the driver of the Tipper lorry for the offences punishable under Section 279, 337, 338, 304A of IPC r/w Sec.187 of MV Act. Ex.P.6 to 10 are Discharge Summaries. Ex.P.11 is the Appointment Letter, Ex.P.12 is disable in service letter, Ex.P.13 is Pay Slips, Exs.P.14 and 15 are notarized-copy of Aadhar card of petitioners. Ex.P.16 - Photographs, Ex.P.17 is CD and Ex.P.18, 42 and 43 are the Medical bills. Ex.P.44 - 15 Prescriptions.
24. On the contrary, respondent no.1-owner has examined the Driver of the Tipper Lorry as RW.1. He has merely denied the negligence on his part and has deposed that the accident was solely due to the negligence of the driver of the car. But the evidence of RW.1 does not prove the contention of respondents that the accident was solely due to the negligence of the driver of the car.
25. Above all, the Charge-sheet at Ex.P.5 filed by the I.O. against the driver of the Tipper lorry, has remained unchallenged. Therefore, having regard to the facts and circumstances of the case SCCH-14 18 MVC.1125 TO 1128/2020 and the deposition and documents exhibited, this Tribunal is of the considered opinion that the accident is due to the rash and negligent driving by the driver of the offending Tipper Lorry bearing no.KA-09- C-3783 has led to the accident. Accordingly, I answer Issue no.1 in MVC.1125/2020 and MVC.1126/2020 and Issue No.2 in MVC.1127/2020 and MVC.1128/2020 in the "Affirmative".
26. Issue No.2 in MVC.1125/2020:- Having proved that the accident was due to the rash and negligent driving of the driver of the offending Tipper lorry, the petitioner is entitled for compensation. The father of Petitioner who has represented her in the petition has got himself examined as PW.1 and Exs. P.1 to 18, P.42 to 44 and P.67 to 69 have been marked.
27. PW.1 has deposed that due to the injuries sustained in the accident, the petitioner has suffered permanent disability as a result of which she is completely bed-ridden and she is not in a position to wake up from the bed without the help of others. She has difficulty in speaking and is dependent on others for her daily living.
28. As per the Discharge Summary at Ex.P.6, the petitioner SCCH-14 19 MVC.1125 TO 1128/2020 had suffered DAI with SAH with Left Tentorial SDH with Right Acetabulum Fracture with Posterior Dislocation of Femoral Head with Multiple Facial Bone Fracture. She has undergone surgery i.e., open Reduction and Internal Fixation with plating for Right Acetabulum with Dislocation of Femoral Head under GA on 21.11.2019, Tracheostomy under all aseptic precautions on 25.11.2019 and PEG tube placement done under all aseptic precautions on 06.12.2019.
29. That as per the evidence of PW.12 who is Assistant Professor in Department of Neurosurgery, the petitioner had sustained: spastic quadriparesis and aphasia, and advised MRI Brain Report and Neuropsychologist opinion. PW.12 has produced the OPD Book, Clinical Data sheet and MRI scan report at Exs.P.64 to 66, has assessed the whole body disability at 75%. In his cross-examination, PW.12 has denied having treated the petitioner. He has admitted that as per Ex.P.54, there is a mention that condition of the petitioner is improving.
30. Next, the Opinion of the Medical Board of Christian Medical College, Vellore, was sought regarding the petitioner's SCCH-14 20 MVC.1125 TO 1128/2020 disability. As per the Report of the said Medical Board marked as Ex.C.1, "the petitioner has right hemiparesis and is walking only few steps with support due to giddiness. Her level of independence as per the Modified Barthel Index Score is 35/100. She continues to have cognitive impairments affecting her attention, memory and visuospatial functions as well as severe dysarthria. As per Montreal Cognitive Assessment Test, she scored 14/30 on coginitive assessment. There is improvement in her behaviour, but still continues to have anger outbursts". The Board has thus assessed the whole-body disability of petitioner at 85%. The same was objected by respondent no.2 by filing the objections. Then a Member of the Medical Board of Christian Medical College, Vellore, was summoned and examined as CW.1. As per the Report, at Ex.C.1, there are 5 members in the said Medical Board, whose names and designation has been mentioned therein. But, CW.1 has deposed that there are only 2 members in the said Medical Board - himself and 2 Therapists. Further, Ex.C.1 has been signed by CW.1 only.
31. Thus on the overall appreciation of the Discharge Summary SCCH-14 21 MVC.1125 TO 1128/2020 at Ex.P.6, Report of the Medical Board at Ex.C.1 and the evidence of PW.12 and CW.1, it is clear that the nature of injuries suffered by the petitioner has restricted her 'Movement' and she has 'Motor, Cognitive and Behaviourial Impairment'. Hence considering these aspects, it would be just & proper to consider the whole-body disability at 40% (20% plus 20%).
32. Next, in the Aadhar card of petitioner at Ex.P.14, the date of birth of petitioner is shown as 21.02.1993. The accident took place on 17.11.2019. Thus, as on the date of accident, the age of petitioner is taken as 26 years. Also, as per the petition, the petitioner was working in a Private company, earning Rs.50,000/- per month. To prove the same, PW.1 has produced the Letter of Appointment, Pay slips at Ex.P.11 and 13 alleged to have been issued by the Employer of petitioner - Sancibi Associates. The petitioner is shown to have drawn the salary of Rs.27,500/- in October 2019. The Manager of Sancibi Associates (alleged Employer of petitioner) has been examined as PW.10, who has deposed that Sancibi Associates is a Proprietorship Firm, that the Firm deals with SCCH-14 22 MVC.1125 TO 1128/2020 'online loans'. He has also deposed that the Firm has a team of HR but has stated that the salary to its employees is paid by cash. Further, it is relevant to note that there is neither any deduction towards I.T or Professional Tax in the salary slips produced at Ex.P.12. Above all, the educational qualification of the petitioner has not been stated, and her educational documents have not been placed on record. Under the circumstances, it cannot be believed that the petitioner was 'working'. Hence it is proper to take the notional income of the petitioner as Rs.14,000/- as per the guidelines issued by the Karnataka State Legal Services Authority, since the said accident has been occurred in the year 2019.
33. As per Sarla Verma's Case (2009 ACJ 1298 SC), the multiplier applicable to the petitioner who is aged about 26 years is '17'. With the multiplier '17', income of Rs.14,000/- per month and the whole-body disability of Petitioner at 40%, the future loss of income works out at:
Rs.14,000 X 12X17 X 40/100 = Rs.11,42,400/- and the petitioner is entitled for the same as compensation under the Head 'Future SCCH-14 23 MVC.1125 TO 1128/2020 loss of income'.
34. As per the Discharge Summaries at Ex.P.6 to 10, the petitioner has been treated as an inpatient at Ramaiah Hospital twice from 18.11.2019 to 30.12.2019, 30.12.2019 to 13.03.2020. She has been treated as an inpatient at Christian Medical College hospital from 19.10.2020 to 31.12.2020. She has been treated as an inpatient at Baptist Hospital from 26.05.2020 to 17.06.2020. She has been treated as an inpatient at Bhagwan Mahaveer Jain Hospital from 24.08.2020 to 31.08.2020. Thus the petitioner has been treated as an inpatient for a total period of about 8 months.
35. Having regard to the nature of injury sustained, the petitioner has undergone Pain, Shock & Suffering. She is thus entitled for compensation of Rs.1,00,000/- towards 'Pain, Shock and Suffering'. She having lost the usual comfort of life is entitled for a sum of Rs. 50,000/- under the Head 'Loss of Amenities'. Further, the petitioner has laid-up for about 8 months due to the injury sustained. Thus considering the laid-up period as 8 months, the petitioner is entitled for compensation of Rs.1,12,000/- SCCH-14 24 MVC.1125 TO 1128/2020 (Rs.14,000 x 9) under the head 'Loss of income during the Laid-up period'.
36. During the laid-up period, the Petitioner might have engaged an attendant and might have spent some amount towards extra diet, nourishment and for her conveyance. In the facts and circumstances of the case, awarding compensation of Rs.80,000/- (Rs.10,000/- x 8) towards Attendant's charges, Diet & Nourishment and Conveyance would be just and reasonable. In all, the Petitioner is entitled for compensation of Rs.80,000/- towards the Head.
37. PW.1 has deposed that an amount of Rs.30,00,000/- has been spent towards Medical expenses. He has produced 7 Medical Bills at Ex.P.18 to a sum of Rs.23,79,724/-, and 155 Medical bills at Ex.P.43 to a sum of Rs.1,46,860/-. However, the bills at Ex.P.43 are not considered since the same pertain to the period during the treatment as an 'inpatient', and would be covered under the Final Bills at Ex.P.18. Hence, the petitioner is entitled for Rs.23,79,724/- only as compensation under the Head 'Medical Expenses'. SCCH-14 25 MVC.1125 TO 1128/2020
38. To sum up, the Petitioner is entitled for compensation under the following heads :
1. Future Loss of Income Rs.11,42,400/-
2. Pain & Suffering Rs. 1,00,000/-
3. Loss of Amenities Rs. 50,000/-
4. Loss of income during laid-up Rs. 1,12,000/-
period
5. Food, Nourishment, Rs. 80,000/-
Conveyance and Attendant
Charges
6. Medical Expenses Rs.23,79,724/-
Total Rs.38,64,124/-
Rs.38,64,124/- is rounded-off to Rs.38,64,000/- The
petitioner is thus awarded the total compensation of Rs.38,64,000/- with costs and simple interest at 6% p.a. from the date of the Petition till the date of realization. Accordingly, Issue no.2 in MVC.1125/2020 is answered 'Partly in the Affirmative'. SCCH-14 26 MVC.1125 TO 1128/2020
39. Issue No.2 in MVC.1126/2020:- Having proved that the accident was due to the rash and negligent driving of the driver of the offending Tipper lorry, the petitioner is entitled for compensation.
40. The grand-father of petitioner is examined as PW.2 who has deposed the petitioner has sustained fracture of C2 and also grievous injuries to other parts of the body; that the petitioner has been treated as an inpatient from 19.11.2019 to 25.11.2019.
41. As per the Wound Certificate at Ex.P.19 issued by Kanchi Kamakoti Childs Trust Hospital, the petitioner has sustained: (i) small superficial multiple grazed tender abrasion over forehead with surrounding swelling and tenderness (ii) small superficial tender abrasion injury and ankle region. That the Injuries are simple in nature.
42. Further, the petitioner has examined the Medical Record Officer of Kanchi Kamakoti Child Trust Hospital as PW.9 and has got marked Exs.P.57 & 58 viz., Authorization Letter and Case sheet. It is relevant to note that the petitioner has not undergone any surgery. It is thus clear that the injury sustained by the petitioner is SCCH-14 27 MVC.1125 TO 1128/2020 simple and not grievous, and as such there is no question of permanent disability, as alleged.
43. The petitioner has no doubt undergone pain, shock and suffering due to the accident, and is entitled for compensation under the Head 'Pain, shock and suffering'. Hence the petitioner is entitled to Rs.50,000/- under the Head 'Pain & Suffering'. But as discussed above, in the absence of permanent disability, he is not entitled for compensation under the Heads: Loss of Amenities, Attendant's Charges, Nourishment & Conveyance, Loss of Income during Laid-up Period, Loss of Future Earnings, Future Medical Expenses. However, having produced 7 Medical Bills for a sum of Rs.4,240/- as per Ex.P.24, the petitioner is entitled for Medical Expenses of Rs.4,240/-.
44. Considering the above aspects, the petitioner is entitled for total compensation as under :
SCCH-14 28 MVC.1125 TO 1128/2020
1. Pain & Suffering, Loss of Rs. 50,000/-
Amenities
2. Future Medical Expenses Rs. 4,240/-
Total Rs. 54,240/-
Thus, the petitioner is awarded the total compensation of Rs.54,500/- (rounded off) with costs and simple interest at 6% p.a. from the date of this petition till the date of realization. Accordingly, this issue is answered 'Partly in the Affirmative'.
45. Issue No.1 and 3 in MVC.1127/2020 : Since these issues are inter-linked, they are taken-up together for discussion to avoid the repetition of the facts. In order to prove these issues, the Grand- father of petitioner has been examined as PW.3, and Exs.P.25 to 35 have been marked.
46. As per the Petition, the Petitioner is the son of the deceased G.Kevin George. In order to prove the relationship, PW.3 has got marked Exs.P.29 to 31 and 35 viz., the Aadhar Cards of himself, petitioner, deceased Kevin, and Birth Certificate of the SCCH-14 29 MVC.1125 TO 1128/2020 petitioner. These documents prove the relationship of deceased with the petitioner. Moreover, there is no dispute about the relationship. PW.3 has also deposed that deceased Kevin was an Orphan. Admittedly, Reena - the wife of deceased Kevin is also 'dead'. Thus the petitioner is the son and the only legal-heir of deceased G.Kevin George.
47. As per the petition, the age of deceased Kevin is shown as 28 years and his avocation as Engineer earning Rs.50,000/- per month. In this regard, PW.3 has produced the Service Certificate of the deceased at Ex.P.27 which shows his Annual Income as Rs.4,46,996/-; Salary Slips of the deceased for August 2019 & September 2019 at Ex.P.28 show that his Gross Salary is Rs.38,087/- and Rs.43,130/- respectively. Thus as per the Service Certificate at Ex.P.27, the income of the deceased is Rs.37,250/- per month, and as per the Salary Slips at Ex.P.28, his monthly income is Rs.38,087/- and Rs.43,130/-. 'Actual income' is 'Actual Salary less Tax'. But the Tax Returns of the deceased are not placed on record. Hence irrespective of the increase, the actual income of the SCCH-14 30 MVC.1125 TO 1128/2020 deceased is taken as Rs.37,000/-
48. Next, as per the Aadhar card at Ex.P.29, the date of birth of deceased Kevin is 21.03.1992. The accident was occurred on 17.11.2019. Thus the age of the deceased was 27 years as on the date of accident.
49. As discussed above, the deceased has left his son as his only legal-heir. As per the decision reported in AIR 2017 S.C. 5157
- National Insurance Company Limited Vs. Pranay Sethi and Others: The Hon'ble Apex Court has observed that : "Loss of estate has to be compensated by awarding Rs.15,000/-, loss of consortium should be Rs.40,000/- and funeral expenses should be Rs.15,000/-. The said amount has to be enhanced @ 10% in every three years". Therefore, the petitioners are entitled to a sum of Rs.15,000/- under the Head of Loss of Estate and Rs.15,000/- towards Funeral Expenses. The Petitioner who is the son of deceased has lost the love & affection of his father and he is thus entitled to a sum of Rs.40,000/- towards Parental Consortium.
50. Next, it is pertinent to note that as per the detailed SCCH-14 31 MVC.1125 TO 1128/2020 discussion made supra, the income of the deceased is taken as Rs.37,000/- per month. In the decision reported in AIR 2017 S.C. 5157 - National Insurance Company Limited Vs. Pranay Sethi and Others: The Hon'ble Apex Court has observed that: "In case of persons who are below 40 years of age and have permanent job, there should be an addition of 50% to the income, towards future prospects". In this Petition, the deceased was of 27 years on the date of accident. Hence towards future prospects, 50% of the income has to be added. So, 50% of Rs.37,000/- comes to Rs.18,500/-. Therefore, the income of deceased comes to Rs.55,500/- per month (Rs.37,000 + Rs.18,500).
51. Further, as per the principles laid down in decision reported in (2009) 6 SCC 121 - Sarla Verma and Others Vs. Delhi Transport Corporation and another: the multiplier applicable is '17'. In Sarla Verma's case, the Hon'ble Apex Court has held that "if there is sole dependent, ½ of the income of the deceased may be deducted towards his personal and living expenses. In the case on hand, petitioner is the sole dependent of the deceased. Hence ½ of SCCH-14 32 MVC.1125 TO 1128/2020 the income of the deceased may be deducted towards his personal and living expenses. Accordingly, after deducting ½ of the amount towards his personal expenses in Rs.55,500/- it comes to Rs.27,750/- per month (55,500 - 27,750) and multiplier applied is 17 which comes to Rs.56,61,000/- (Rs.27,750 x 12 x 17 = Rs.56,61,000/-). Thus, the Petitioner is entitled for compensation of Rs.56,61,000/- towards loss of dependency.
52. Considering the above aspects, petitioner no.1 is entitled for total compensation as under :
1. Loss of Dependency Rs.56,61,000/-
2. Loss of Parental Consortium Rs. 40,000/-
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
Total Rs.57,31,000/-
Thus, the Petitioners are awarded total compensation of Rs.57,31,000/- with costs and simple interest at 6% p.a. from the date of the Petition till the date of realization. Accordingly, Issue SCCH-14 33 MVC.1125 TO 1128/2020 no.1 in MVC 1127/2020 is answered in the 'Affirmative', and Issue no.3 is answered 'Partly in the Affirmative'.
53. Issue No.1 and 3 in MVC.1128/2020: Since these issues are inter-linked, they are taken-up together for discussion to avoid the repetition of the facts. In order to prove these issues, the Grand-father of petitioner has been examined as PW.4, and Exs.P.36 to 41 have been marked.
54. As per the Petition, the Petitioner is the son of the deceased Reena. In order to prove the relationship, PW.4 has got marked Exs.P.38 to 41 viz., the Aadhar Cards of himself, petitioner and deceased Reena, and the Birth certificate of petitioner. These documents prove the relationship of deceased with the petitioner. Moreover, there is no dispute about the relationship. Admittedly, Kevin George - the husband of Reena is also 'dead'. Thus the petitioner is the son and the only legal-heir of deceased Reena.
55. As per the petition, deceased Reena was aged about 28 years and she was a Staff Nurse, earning Rs.30,000/- per month. But PW.4 has not produced any document to prove the occupation SCCH-14 34 MVC.1125 TO 1128/2020 and income of deceased. In the absence of any documentary evidence in support of the income of the deceased, it is proper to take the notional income of the deceased as Rs.14,000/- as per the guidelines issued by the Karnataka State Legal Services Authority, since the said accident has been occurred in the year 2019. With this background, the quantum of compensation to which the Petitioners are entitled can be adjudicated.
56. Next, as per the Aadhar card at Ex.P.38, the date of birth of deceased Reena is 01.10.1992. The accident has occurred on 17.11.2019. Thus the age of deceased was 27 years as on the date of accident.
57. As discussed above, the deceased has left her son as her only legal-heir. As per the decision reported in AIR 2017 S.C. 5157
- National Insurance Company Limited Vs. Pranay Sethi and Others: The Hon'ble Apex Court has observed that : "Loss of estate has to be compensated by awarding Rs.15,000/-, loss of consortium should be Rs.40,000/- and funeral expenses should be Rs.15,000/-. The said amount has to be enhanced @ 10% in every three years". SCCH-14 35 MVC.1125 TO 1128/2020 Therefore, the petitioner is entitled to a sum of Rs.15,000/- under the Head of Loss of Estate and Rs.15,000/- towards Funeral Expenses. Whereas, Petitioner who is the son of deceased has lost the love & affection of his mother, and is thus entitled to a sum of Rs.40,000/- towards Parental Consortium.
58. Next, it is pertinent to note that as per the detailed discussion made supra, the income of the deceased is taken as Rs.14,000/- per month. In the decision reported in AIR 2017 S.C. 5157 - National Insurance Company Limited Vs. Pranay Sethi and Others: The Hon'ble Apex Court has observed that: "In case of persons who are below 40 years of age and are self- employed or have fixed salary, there should be an addition of 40% to the income, towards future prospects". In this Petition, the deceased was of 27 years on the date of accident. Hence towards future prospects, 40% of the income has to be added. So, 40% of Rs.14,000/- comes to Rs.5,600/-. Therefore, the income of deceased comes to Rs.19,600/- per month (Rs.14,000 + Rs.5,600).
59. Further, as per the principles laid down in decision SCCH-14 36 MVC.1125 TO 1128/2020 reported in (2009) 6 SCC 121 - Sarla Verma and Others Vs. Delhi Transport Corporation and another: the multiplier applicable is '17'. In Sarla Verma's case, the Hon'ble Apex Court has held that "if there is sole dependent, ½ of the income of the deceased may be deducted towards her personal and living expenses. In the case on hand, petitioner is the sole dependent of the deceased. Hence ½ of the income of the deceased may be deducted towards her personal and living expenses. Accordingly, after deducting ½ of the amount towards her personal expenses in Rs.19,600/- it comes to Rs.9,800/- per month (19,600 - 9,800) and multiplier applied is 17 which comes to Rs.19,99,200/- (Rs.9,800 x 12 x 17 = Rs.19,99,200/-) Thus, the Petitioner is entitled for compensation of Rs.19,99,200/- towards loss of dependency.
60. Considering the above aspects, petitioner no.1 is entitled for total compensation as under :
1. Loss of Dependency Rs.19,99,200/-
2. Loss of Parental Consortium Rs. 40,000/-SCCH-14 37 MVC.1125 TO 1128/2020
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
Total Rs.20,69,200/-
Thus, the Petitioners are awarded total compensation of Rs.20,69,000/- (rounded-off) with costs and simple interest at 6% p.a. from the date of the Petition till the date of realization.
Accordingly, Issue no.1 in MVC 1128/2020 is answered in the 'Affirmative', and Issue no.3 is answered 'Partly in the Affirmative'.
61. Regarding Liability : As already discussed above, the petitioners have proved that the accident had occurred due to rash and negligence driving of the driver of Tipper lorry bearing KA-09/C- 3783. Further, there is no dispute about the validity of the Insurance Policy of the offending vehicle. Therefore, Respondent no.1 and 2 are jointly and severally liable to pay compensation to the petitioners.
62. Issue No.3 in MVC.1125/2020 & 1126/2020 and Issue SCCH-14 38 MVC.1125 TO 1128/2020 No.4 in MVC.1127 and 1128/2020 : In the result, I proceed to pass the following :
ORDER IN MVC.1125/2020 The Petition filed under Section 166 of M.V. Act is allowed in part with costs.
The Petitioner is entitled for Compensation of Rs.38,64,000/- along with interest at the rate of 6% per annum from the date of the Petition till the date of deposit of Award amount.
Respondent No.1 and 2 are jointly and severally liable to pay the compensation amount to the Petitioner.
Respondent No.2 being the insurer of the offending vehicle, is directed to deposit the Award amount and interest within 30 days from the date of the Award.
Out of the award amount, 50% is ordered to be released to Petitioner by way of E-Payment after proper identification, and the remaining 50% shall be kept in Fixed deposit in the name of Petitioner in any Nationalized or Scheduled Bank of his choice for a period of 3 years.
The Advocate fee is fixed at Rs.1,000/-.SCCH-14 39 MVC.1125 TO 1128/2020
Draw Award accordingly.
Keep the Original Judgment in M.V.C. No.1125/2020 and the copy of the Judgment in M.V.C. No.1126/2020, No.1127/2020 and No.1128/2020.
ORDER IN MVC.1126/2020 The Petition under Section 166 of M.V. Act is allowed in part with costs.
A sum of Rs.54,500/- is awarded as total compensation to the petitioner with interest at the rate of 6% p.a. from the date of petition till its payment.
Respondent no.1 and 2 are jointly and severally liable to pay the compensation amount to the Petitioner.
Respondent no.2 being the insurer of the offending vehicle, is directed to deposit the Award amount and interest within 60 days from the date of the Award.
On deposit, the entire amount awarded shall be kept in Fixed deposit in the name of petitioner in any Nationalized SCCH-14 40 MVC.1125 TO 1128/2020 or Scheduled Bank until he attains the age of majority.
Advocate fee is fixed at Rs. 1,000/-.
Office to draw the award accordingly.
Keep the Original Judgment in M.V.C. No.1125/2020 and the copy of the Judgment in M.V.C. No.1126/2020, No.1127/2020 and No.1128/2020.
ORDER IN MVC.1127/2020 The Petition under Section 166 of M.V. Act is allowed in part with costs.
A sum of Rs.57,31,000/- is awarded as total compensation to the petitioner with interest at the rate of 6% p.a. from the date of petition till its payment.
Respondent no.1 and 2 are jointly and severally liable to pay the compensation amount to the Petitioner.
Respondent no.2 being the insurer of the offending vehicle, is directed to deposit the Award amount and interest within 60 days from the date of the Award.
On deposit, the entire amount awarded shall be kept in Fixed deposit in the name of petitioner in any SCCH-14 41 MVC.1125 TO 1128/2020 Nationalized or Scheduled Bank until he attains the age of majority.
Advocate fee is fixed at Rs. 1,000/-.
Office to draw the award accordingly.
Keep the Original Judgment in M.V.C. No.1125/2020 and the copy of the Judgment in M.V.C. No.1126/2020, No.1127/2020 and No.1128/2020.
ORDER IN MVC.1128/2020 The Petition under Section 166 of M.V. Act is allowed in part with costs.
A sum of Rs.20,69,000/- is awarded as total compensation to the petitioner with interest at the rate of 6% p.a. from the date of petition till its payment.
Respondent no.1 and 2 are jointly and severally liable to pay the compensation amount to the Petitioner.
Respondent no.2 being the insurer of the offending vehicle, is directed to deposit the Award amount and interest within 60 days from the date of the Award.SCCH-14 42 MVC.1125 TO 1128/2020
On deposit, the entire amount awarded shall be kept in Fixed deposit in the name of petitioner in any Nationalized or Scheduled Bank until he attains the age of majority.
Advocate fee is fixed at Rs. 1,000/-. Office to draw the award accordingly.
Keep the Original Judgment in M.V.C. No.1125/2020 and the copy of the Judgment in M.V.C. No.1126/2020, No.1127/2020 and No.1128/2020.
(Dictated to the stenographer, typed and computerized by her, corrected, signed and then pronounced by me in the open Court on this 12th day of January, 2026) (N.ANUPAMA) MEMBER, MACT, XVI ADDL. JUDGE, COURT OF SMALL CAUSES, BENGALURU.
Annexure Witnesses examined on behalf of the Petitioners :
P.W.1 : Arokiya Dass P.W.2 : Arokiya Dass P.W.3 : Arokiya Dass SCCH-14 43 MVC.1125 TO 1128/2020 P.W.4 : Arokiya Dass P.W.5 : Shivakumar.H P.W.6 : Vimalraj P.W.7 : Debashish Samuel P.W.8 : J.Eliazer P.W.9 : D.Sowmyanarayanan P.W.10 : Bhaskar.P P.W.11 : Shankara.K.C P.W.12 : Dr.Srihari.B.G Documents marked as Exhibits for the Petitioners:
Ex.P1 True copy of FIR along with complaint
Ex.P2 True copy of Spot Panchanama and mahazar
Panchanama along with sketch map
Ex.P3 True copy of IMV report
Ex.P4 True copy of Wound certificate
Ex.P5 True copy of Charge sheet
Ex.P6 Discharge summaries of Ramaiah hospital (3 in nos.)
Ex.P7 Discharge summary of Christian medical college
Ex.P8 Discharge summaries of Bangalore Baptist hospital (2
in nos.)
Ex.P9 Discharge summary of Jain hospital
Ex.P10 Discharge summaries of Christian medical college,
Vellore.
Ex.P11 Appointment letter
Ex.P12 Disable in service letter
Ex.P13 Payslips (13 in nos.) Nov-2018 toOct-2019
Ex.P14 Notarised copy of Aadhar card
SCCH-14 44 MVC.1125 TO 1128/2020
Ex.P15 Notarised copy of Aadhar card
Ex.P16 Photographs (11 in nos.)
Ex.P17 CD
Ex.P18 Medical bills (7 in nos.)
Ex.P19 True copy of Wound certificate of minor petitioner
Ex.P20 Discharge summary of Kanchi Kamakoti Childs Trust
hospital
Ex.P21 Notarised copy of birth certificate of minor peititoner
Ex.P22 Notarised copy of Aadhar card
Ex.P23 Notarised copy of Aadhar card of the minor petitioner
Ex.P24 Medical bills (7 in nos.)
Ex.P25 True copy of PM Report
Ex.P26 True copy of Inquest panchanama along with
statement of witnesses
Ex.P27 Service certificate of the deceased
Ex.P28 Two pay summaries of the deceased from Aug-2019 to
Sep-2019
Ex.P29 Notarised copy of Aadhar card of the deceased
Ex.P30 Notarised copy of Aadhar card
Ex.P31 Notarised copy of birth certificate of the minor
petitioner
Ex.P32 True copy of Extract of DL of the deceased
Ex.P33 Photographs (6 in nos.)
Ex.P34 CD
Ex.P35 Notarised copy of Aadhar card of the minor petitioner
SCCH-14 45 MVC.1125 TO 1128/2020
Ex.P36 True copy of PM report
Ex.P37 True copy of Inquest panchanama
Ex.P38 Notarised copy of Aadhar card of the deceased
Ex.P39 Notarised copy of Aadhar card
Ex.P40 Notarised copy of birth certificate of the minor
petitioner
Ex.P41 Notarised copy of Aadhar card of the minor petitoner
Ex.P42 Surgical accessories bills (5 in nos.)
Ex.P43 Medical bills (155 in nos.)
Ex.P44 Prescriptions (15 in nos.)
Ex.P45 Authorization letter
Ex.P46 Outpatient file of Agnes.A
Ex.P47 Inpatient record of Agnes.A
Ex.P48 Authorization letter
Ex.P49 Entire case sheet of Agnes.A
Ex.P50 Authorization letter
Ex.P51 Service certificate
Ex.P52 Salary slips for the period 1.9.2019 to 1.11.2019
Ex.P53 Authorization letter
Ex.P54 Outpatient record of Agnes.A
Ex.P55 Entire case sheet of Agnes.A
Ex.P56 Inpatient bills of Anes.A
Ex.P57 Authorization letter
Ex.P58 Attested copy Medical records of Master.Dixon
SCCH-14 46 MVC.1125 TO 1128/2020
K.George
Ex.P59 Authorization letter
Ex.P60 Authorization letter
Ex.P61 Attested copy of MLC register
Ex.P62 Attested copy of Police intimation `
Ex.P63 Entire case sheet
Ex.P64 OPD book of Agnes
Ex.P65 Clinical data sheet
Ex.P66 MRI scanning report
Ex.P67 OPD case sheet (13 in nos.)
Ex.P68 Medical bills (48 in nos. for sum of Rs.6,67,942/-)
Ex.P69 Advance receipt
Witness examined on behalf of the Respondents : RW.1 : Sathyaprakash.E.R Documents marked as Exhibits for the Respondents :
- NIL -
Court Witness examined: C.W.1 : Dr.Raji Thomas Documents marked as Exhibits Ex.C.1 : Assessment Report (N.ANUPAMA) MEMBER, MACT, XVI ADDL. JUDGE, COURT OF SMALL CAUSES, BENGALURU.Digitally signed by ANUPAMA N
ANUPAMA Date:
N 2026.01.14
15:02:52 +0530