Bangalore District Court
Meka Lingam vs The General Manager on 29 April, 2022
KABC020135452018
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
(S.C.C.H. - 1)
DATED THIS THE 29th DAY OF APRIL 2022
PRESENT : Smt. PRABHAVATI M.HIREMATH,B.A., L.L.B.(Spl.)
MEMBER, PRL. M.A.C.T.
M.V.C. No. 3127/2018 C/w. M.V.C.No.3128/2018,
M.V.C. No.3129/2018, M.V.C. No.2165/2018,
M.V.C. No.2166/2018, M.V.C. No.2167/2018,
M.V.C. No.2168/2018 and M.V.C.No.2169/2018
PETITIONER: Meka Lingam,
(in MVC 3127/2018) S/o. Meka Narasaiah,
Aged about 43 years,
Ramakrishnanagar,
Madinaguda, Miyapur,
Hyderabad.
Now residing at
Hollyhock Apartment,
Kammasandra Road,
Electronic City,
Bangalore560 100.
(By Sri . B.B.Patil , Advocate)
SCCH-1 2 MVC No.3127-3129, 2165 to 2169/2018
PETITIONER : 1. Meka Ruthwin,
(in MVC 3128/2018) S/o. Meka Lingam,
Aged 11 years, Minor,
represented by father and
natural guardian
Meka Lingam,
S/o. Meka Narasaiah,
Ramakrishnanagar,
Madinaguda, Miyapur,
Hyderabad.
Now residing at
Hollyhock Apartment,
Kammasandra Road,
Electronic City,
Bangalore560 100.
(By Sri . B.B.Patil , Advocate)
PETITIONER : 1. Meka Rishikah,
(in MVC 3129/2018) D/o. Meka Lingam,
Aged 8 years, Minor,
represented by father and
natural guardian
Meka Lingam,
S/o. Meka Narasaiah,
Ramakrishnanagar,
Madinaguda, Miyapur,
Hyderabad.
Now residing at
Hollyhock Apartment,
Kammasandra Road,
Electronic City,
Bangalore560 100.
(By Sri . B.B.Patil , Advocate)
SCCH-1 3 MVC No.3127-3129, 2165 to 2169/2018
PETITIONER : 1. Usha Ravikeerthi,
(in MVC 2165/2018) W/o. M.C.Ravikeerthi,
Aged about 34 years,
R/at 5th Main, 2nd Block,
Near PES College,
Banashankari I stage,
Bangalore 560 050.
(By Sri . B.B.Patil , Advocate)
PETITIONER : 1. Vinay Ramachandra Bhat,
(in MVC 2166/2018) S/o. Ramachandra,
Aged about 23 years,
R/o. SLV P..G. Kundalahalli,
Brooke Field,
Bangalore.
P/A: Angodkoppa, Yekkamabi,
Uttara Kannada, Sirsi.
(By Sri . B.B.Patil , Advocate)
PETITIONER : 1. Balasubramanya Rao M.,
(in MVC 2167/2018) S/o. Raghupathi Rao M.,
Aged about 26 years,
No.112, 4th Main, 1st Cross,
BEML Layout, R.R.Nagar,
Bangalore.
Permanent address,
Maryada House,
Shibage,
Dakshina Kannada,
Karnataka.
(By Sri . B.B.Patil , Advocate)
SCCH-1 4 MVC No.3127-3129, 2165 to 2169/2018
PETITIONER : 1. Pradeep H.,
(in MVC 2168/2018 S/o. Babu Gowda,
Aged abut 28 years,
R/at Hosamane, Nada,
Dakshina Kannada.
Presently R/at
Oasis Apartment,
Kundalahalli.
(By Sri . B.B.Patil , Advocate)
PETITIONER : 1. Yashwanthi M.,
(in MVC 2169/2018 D/o. Podiya Gowda,
Aged about 27 years,
R/at Udanehalli,
Shirali, Dakshina Kannada.
Presently R/at
C/o.MPS Limited,
HMG Ambassador,
No.137, Residency Road,
Bangalore 560 025.
(By Sri . B.B.Patil , Advocate)
V/s
Respondents: 1. The General Manager,
(Common in all the K.S.R.T.C.,
cases) Double Road,
Shanthinagar,
Bangalore 560 027.
(Owner of the KSRTC Airavat bus
bearing No.KA01F8513)
(By Sri . M.S.Basavaraju,
Advocate)
SCCH-1 5 MVC No.3127-3129, 2165 to 2169/2018
2. The New India Assurance
Co.Ltd.,
Regional Office, No.9/2,
Mahalakshmi Chambers,
M.G.Road, Bangalore 560 001.
(By Sri . Ravi S. Samprathi,
Advocate)
*******
COMMON JUDGMENT
These eight petitions are filed under Section 166
of Motor Vehicles Act claiming compensation for the
injuries sustained by the petitioners in all the petitions.
These eight petitions are arising out of the same
accident. As per the Order dated 24.02.2020,
M.V.C.No.3128/2018 and M.V.C.No.3129/2018 are
clubbed in M.V.C.No.3127/2018. As per the order
dated 18.09.2021 , M.V.C.No.21652169/2018 are
clubbed with M.V.C.No.3127/2018 and parties are
directed to give evidence in M.V.C.No.3127/2018.
SCCH-1 6 MVC No.3127-3129, 2165 to 2169/2018
2. In all these petitions, petitioners have averred
similar facts regarding mode of occurrence of the
accident as follows:
All the petitioners were travelling in KSRTC Airavat
bus bearing No.KA01F8513 on 13.01.2018 from
Bengaluru towards Dharmasthala. At about 3.30 a.m.,
when their bus was proceeding near Agri College ,
Shanthigrama hobli, at that time driver of the bus
drove the vehicle in a rash or negligent manner and he
hit the road side divider and the bus got turtle and fell
in a ditch by the side of the road. Due to the said
accident all the petitioners who were the inmates of the
bus and other inmates of the bus have sustained
grievous injuries, apart from that 7 persons succumbed
to the injuries including driver and conductor of the
bus.
3. It is specific case of the petitioner in
M.V.C.No.3127/2018 that after the accident he was
SCCH-1 7 MVC No.3127-3129, 2165 to 2169/2018
shifted to N.D.R.K. Hospital, Hassan and taken
treatment as an inpatient from 13.01.2018 to
15.01.2018. Thereafter he was admitted to Narayana
Hrudayalaya, Hosur Road, Bengaluru and he has taken
follow up treatment. He has spent more than
Rs.1,50,000/ towards medical expenses, conveyance
and incidental charges.
4. Prior to the accident he was hale and healthy,
he was earning Rs.1,60,000/p.m. in Apotex Research
Private Limited, Hosur Road, Bengaluru and he was
contributing the entire income to the welfare of the
family.
5. Due to the rash or negligent act of driving on
the part of the KSRTC bus accident occurred.
Therefore, respondent No.1 being the owner ,
respondent No.2 being the insurer are jointly and
severally liable to pay the compensation and prayed to
SCCH-1 8 MVC No.3127-3129, 2165 to 2169/2018
allow the petition by granting Rs.15,00,000/ as
compensation,
6. In M.V.C.No.3128/2018 petitioner is none
other than the son of the petitioner in
M.V.C.No.3127/2018 and he is a minor, therefore the
said petition is filed through his father/natural
guardian i.e., petitioner in M.V.C.No.3127/2018. It is
the case of the petitioner that due to the accident he
has sustained injuries and took treatment as an
inpatient in N.D.R.K. Hospital, Hassan and taken
treatment as an inpatient from 13.01.2018 to
15.01.2018. For better treatment he was shifted to
Narayana Hrudayalaya, Hosur Road, Bengaluru and he
has taken treatment as an inpatient from 16.01.2018
to 21.01.2018 and undergone operation for facial
injuries and also skin grafting done seven times. As
per the advise of the doctor he has taken follow up
treatment. He has spent more than Rs.3,00,000/
towards medical expenses.
SCCH-1 9 MVC No.3127-3129, 2165 to 2169/2018
7. Prior to the accident he was hale and healthy,
he was studying in 7th standard Delhi Public School,
East Bengaluru and on account of accidental injuries
petitioner cannot attend to school for some days. Due
to the injuries sustained in the accident he is suffering
from tears from the eyes which effects his studies. He
gets frequent headache. He is a brilliant student ..now
he cannot attend his sports and extracurricular
activities and compensation of Rs.25 lakhs is claimed.
The respondent No.1 being the owner , respondent
No.2 being the insurer are jointly and severally liable to
pay the compensation and prayed to allow the petition
by granting Rs.25,00,000/ as compensation.
8. Once again M.V.C.No.3129/2018 is filed by a
minor daughter of petitioner in M.V.C.No.3127/2018
therefore the said petition is filed through her
father/natural guardian i.e., petitioner in
M.V.C.No.3127/2018. It is the case of the petitioner
that due to the accident she has sustained injuries and
SCCH-1 10 MVC No.3127-3129, 2165 to 2169/2018
took treatment as an inpatient in N.D.R.K. Hospital,
Hassan and taken treatment as an inpatient from
13.01.2018 to 16.01.2018. For better treatment he was
shifted to Narayana Hrudayalaya, Hosur Road,
Bengaluru and she has taken treatment as out patient.
And has spent Rs.50,000/ towars medical ,
conveyance , nourishment and other incidental
charges.
9. Prior to the accident she was hale and healthy,
she was studying in 4th standard at Delhi Public
School, East Bengaluru/Sri Chaithnya International
School, Electronic City, Bengaluru. On account of
accidental injuries petitioner did not attend to school
for some days. Due to the accidental injuries petitioner
is suffering from mental agony. She is a brilliant
student and she is not attending to her sports and
curricular activities and compensation of Rs.5 lakhs is
claimed. The respondent No.1 being the owner ,
respondent No.2 being the insurer are jointly and
SCCH-1 11 MVC No.3127-3129, 2165 to 2169/2018
severally liable to pay the compensation and prayed to
allow the petition by granting Rs.5,00,000/ as
compensation.
10. It is specific case of the petitioner in
M.V.C.No.2165/2018 Usha Ravikeerthi that, after the
accident she was shifted to N.D.R.K. Hospital, Hassan
and taken treatment as an inpatient . On same day she
was undergone operation and for better treatment she
was shifted to Sanjeevini Hospital, Davanagere and she
is taking follow up treatment. She has spent more than
Rs.1,00,000/ towards medical expenses , conveyance,
nourishment and other incidental charges.
11. Prior to the accident she was hale and healthy,
she was earning Rs.40,000/p.m. by conducting
tuitions to 6 to 10th students . Due to the rash or
negligent act of driving on the part of the KSRTC bus
accident occurred. Therefore, respondent No.1 being
the owner , respondent No.2 being the insurer are
SCCH-1 12 MVC No.3127-3129, 2165 to 2169/2018
jointly and severally liable to pay the compensation and
prayed to allow the petition by granting Rs.18,00,000/
as compensation,
12. It is specific case of the petitioner in
M.V.C.No.2166/2018 Vinay Ramachandra Bhat that
after the accident he sustained grievous injuries and he
was shifted to Chanamarajendra Government Hospital,
Hassan and admitted as an inpatient . Thereafter, he
was shifted to Sirsi private Hospital for better
treatment . He has been taking follow up treatment as
per the advise of the doctor and spent more than
Rs.50,000/ towards medical expenses, conveyance
and incidental charges.
13. Prior to the accident he was hale and healthy,
he was working in KPIT Technologies, white Field,
Bengaluru and earning Rs.27,000/p.m. Due to the
rash or negligent act of driving on the part of the
KSRTC bus accident occurred. Therefore, respondent
SCCH-1 13 MVC No.3127-3129, 2165 to 2169/2018
No.1 being the owner , respondent No.2 being the
insurer are jointly and severally liable to pay the
compensation and prayed to allow the petition by
granting Rs.3,00,000/ as compensation.
14. It is specific case of the petitioner in
M.V.C.No.2167/2018 Balasubramana Rao M. that
after the accident he was shifted to N.D.R.K. Hospital,
Hassan and taken treatment as an inpatient and on the
same day petitioner undergone operation. Thereafter for
better treatment the petitioner was shifted to
Belthangadi , Dakshina Kannada. He has spent more
than Rs.60,000/ towards medical expenses,
conveyance and incidental charges. He has been taken
follow up treatment in private hospital.
15. Prior to the accident he was hale and healthy,
he was earning Rs.48,000/p.m. by working in Aravind
Fashions Pvt.Ltd., M.G.Road, Bengaluru. Due to the
rash or negligent act of driving on the part of the
SCCH-1 14 MVC No.3127-3129, 2165 to 2169/2018
KSRTC bus accident occurred. Therefore, respondent
No.1 being the owner , respondent No.2 being the
insurer are jointly and severally liable to pay the
compensation and prayed to allow the petition by
granting Rs.5,00,000/ as compensation.
16. It is specific case of the petitioner in
M.V.C.No.2168/2018 that after the accident he was
shifted to Government Hospital, Hassan and after
taking first aid treatment , for better treatment he was
shifted to Indiana Hospital and Heart Institute Ltd.,
and then to Tejaswinin Hospital, Mangalore. He has
spent more than Rs.50,000/ towards medical
expenses, conveyance and incidental charges.
17. Prior to the accident he was hale and healthy,
he was earning Rs.25,000/p.m. by doing Electrician
work . Due to the rash or negligent act of driving on the
part of the KSRTC bus accident occurred. Therefore,
respondent No.1 being the owner , respondent No.2
SCCH-1 15 MVC No.3127-3129, 2165 to 2169/2018
being the insurer are jointly and severally liable to pay
the compensation and prayed to allow the petition by
granting Rs.3,00,000/ as compensation.
18. It is specific case of the petitioner in
M.V.C.No.2169/2018 Yashwanthi M. that after the
accident she was shifted to Government Hospital,
Hassan, after taking first aid , for better treatment she
was shifted to Adarsha Hospital Puttur, wherein she
took treatment as an inpatient from 13.01.2018 to
21.03.2018. She was undergone operation i.e., skin
grafting on the face , she has spent more than
Rs.80,000/ towards medical expenses, conveyance
and incidental charges.
19. Prior to the accident she was hale and healthy,
she was earning Rs.15,000/p.m. by working in a
private company , Residency road, Bengaluru. Due to
the rash or negligent act of driving on the part of the
KSRTC bus accident occurred. Therefore, respondent
SCCH-1 16 MVC No.3127-3129, 2165 to 2169/2018
No.1 being the owner , respondent No.2 being the
insurer are jointly and severally liable to pay the
compensation and prayed to allow the petition by
granting Rs.5,00,000/ as compensation,
20. After service of notice in all the 8 petitions,
respondents No.1 and 2 have appeared through their
respective Advocates and filed written statements
averring similar facts in all cases.
21. The brief facts of the written statement filed
by respondent No.1, KSRTC is as under:
The petitions are not maintainable. The
averments in all petitions with reference to mode of
occurrence of accident and negligent act on the part of
driver of the KSRTC Airvat volvo bus are denied by
stating that petitioner be put to strict proof of the same.
22. It is specifically contended that the driver of
the bus was driving the bus by observing all traffic
rules and regulations . The bus was proceeding on
SCCH-1 17 MVC No.3127-3129, 2165 to 2169/2018
BengaluruMysuru road at H.Aladhahalli in front of
Agriculture college , a lorry which was coming from the
opposite direction suddenly took U turn and entered
the path of the bus observing the same, the driver of
the bus sensing some mishap took the bus to the
extreme left side of the road and in that process it came
in contact with the road side culvert and resulted in the
alleged accident. The driver of the unknown lorry was
solely responsible for the accident . All the petitioners
in 8 petitions with a sole intention to make a wrongful
gain from the respondent No.1 have filed these petitions
based on the criminal records. There is collusion
between the petitioners and police , thereby false case
is registered against the driver of the bus.
23. The entire averments in the petition with
reference to name, age , occupation, they are the
passengers of the bus and sustained injuries, they have
taken treatment in different hospitals are all denied in
SCCH-1 18 MVC No.3127-3129, 2165 to 2169/2018
toto by stating that they are put to strict proof of the
same.
24. It is specifically contended that the volvo bus
was insured with the second respondent covering the
risk of the first respondent at a material point of time.
Therefore, respondent No.2 is indemnified the liability
of the first respondent.
25. It is specifically contended that respondent
No.1 KSRTC has paid a sum of Rs.28,428/ to the
petitioner in M.V.C.No.3127/2018 , Rs.4,16,428/0
twards the medical bill of petitioner in
M.V.C.No.3128/2018, Rs.21,280/ with reference to
petitioner in M.V.C.No.3129/2018, an amount of
Rs.23,820/ to the petitioner in M.V.C.No.2167/2018,
an amount of Rs.10,588/ to petitioner in
M.V.C.No.2168/2018, Rs.5000/ to the petitioner in
M.V.C.No.2166/2018, Rs.1,79,130/ to the petitioner
in M.V.C.No.2165/2018, Rs.29,767/ to the petitioner
SCCH-1 19 MVC No.3127-3129, 2165 to 2169/2018
in M.V.C.No.2169/2018 towards the medical bills
incurred by them for their treatment. Thereby
respondent No.1 is entitled for respective amounts
paid to the above referred 8 petitions as it was paid as
exgratia amount. They sought for issuance of direction
against the second respondent to pay the above said
amount already paid by the respondent No.1 to the
respective petitioners and prayed to dismiss the
petition.
26. The brief facts of the written statement filed
by second respondent in all petitions are as under:
The petitions are not maintainable. The police
have not complied the mandatory requirement of
Section 158(6) of M.V.Act. The driver of the bus was not
holding valid and effective driving licence at the time of
accident. The first respondent had handed over the
possession of the vehicle to the said driver thereby
contravened the provisions of M.V.Act. There is no
SCCH-1 20 MVC No.3127-3129, 2165 to 2169/2018
negligence on the part of the driver of the bus. The
entire averments in all petitions with reference to mode
of occurrence of accident, age, occupation , income ,
injuries sustained by the petitioners and medical
expenses incurred by them as averred in each petition
is denied by them and prayed to dismiss the petitions.
27. From the above said pleadings of the parties,
my predecessor in Office has framed the following
issues in all the petitions.
1. Whether the Petitioner proves that he sustained
grievous injuries in a Motor Vehicle Accident that
occurred on 13.01.2018 at about 3.30 a.m. near
Agri College NH75, B.M.Road, Shanthigrama Hobli,
Hassan Taluk and District, within the jurisdiction
of Shanthigrama police station on account of rash
and negligent driving of the KSRTC bus bearing
registration No.KA01F8513 by its driver?
2. Whether the petitioner is entitled for compensation?
If so, how much and from whom?
3. What order?
SCCH-1 21 MVC No.3127-3129, 2165 to 2169/2018
28. In support of the petitioner's case, petitioner
in M.V.C.No.3127/2018 himself examined as PW1
with reference to the that case and by representing his
minor son and daughter who are the petitioners in
M.V.C.No.3128/2018, M.V.C.No.3129/2018. Other 4
petitioners are examined as PW2 to 5 and got marked
in all 41 documents as Ex.P.1 to P.41. In support of
the respondent's case on behalf of respondent No.1 ,
Traffic Inspector Prathima N. is examined as RW1 and
got marked in all 22 documents as Ex.R.1. R.22. The
respondent No.2 has not adduced any oral evidence.
29. Heard arguments on both sides.
30. For the reasons stated in the subsequent
paras, I answer the above Issues are as follows:
1) Issue No.1 in all the cases ... In Affirmative,
2) Issue No.2 in all the cases ... accordingly
3) Issue No.3 in all the cases...As per final order
for the following:
SCCH-1 22 MVC No.3127-3129, 2165 to 2169/2018
REASONS
31. Issue No.1 (in all the cases): It is the case of
the petitioners in all petitions that only due to the
rash or negligent act of driving on the part of driver of
KSRTC bus accident occurred. To substantiate the
same, petitioners have relied on the oral evidence of
PW1 to 5 and police records.
32. PW1 to 5 in the chief examination affidavit
has averred the similar facts as stated in the petition.
The police records relied on by the petitioners are
Ex.P.1 FIR with complaint, Ex.P.2 spot mahazar,
Ex.P.3 seizure mahazar, Ex.P.4 spot skrtch, Ex.P.5
IMV report, Ex.P.6 charge sheet.
33. From going through the above said records ,
it is clear that on 13.01.2018 at about 3.30 a.m.
accident occurred. On receipt of intimation regarding
occurrence of the accident Police Officer has visited the
hospital and recorded the statement of Sridhara
SCCH-1 23 MVC No.3127-3129, 2165 to 2169/2018
hegade, S/o.Ganapathy Venkatarama Hegade , who
was taking treatment in the Government Hospital,
Hassan about the accident .
34. On the basis of his statement case was
registered for the offences punishable under Section
279,337 and 304(A) of IPC against the KSRTC bus
driver. On the same day Investigation Officer has
conducted the spot panchanama as per Ex.P.2 and
seizure panchanama as per Ex.P.3. At the time of
conducting the panchanama rough sketch was drawn
by the Investigating Officer.
35. In Ex.P.2 spot panchanama description of the
scene of offence is mentioned as it is on NH75 one
way road of BengaluruMysore road exact spot is on
bridge under which there is a ditch . The width of the
ditch is 36 x 40 feet and 12 feet depth. The bus was
lifted from the ditch by using crane . At the time of
conducting spot panhcanama, Investigating Officer
SCCH-1 24 MVC No.3127-3129, 2165 to 2169/2018
noticed that there was a safety wall of aluminum grill
to an extent of 124 feet. Out of those safety aluminum
grills, on 11 grills bus ran over and aluminum grill
was damaged and bent towards the ground. At the
spot Bengaluru Mysore road is from East to West
width of the road is 27 feet. Towards south there is 5
feet footpath. To the ditch they have built bridge and to
the bridge there is safety wall on either side and the
bus dashed tot he safety wall and fell on to the ditch.
From Ex.P.4 spot sketch it is clear that even though
there is aluminum grill as safety wall, the bus dashed
to the safety wall and fell in the ditch.
36. Even though respondents have taken a
contention that prior to the accident lorry came from
opposite direction, therefore, bus driver took the bus
extreme left side of the road and in that process
accident occurred. To substantiate the same there was
no positive evidence on record. On the contrary from
SCCH-1 25 MVC No.3127-3129, 2165 to 2169/2018
the above said records, it is clear that it is a highway
and accident occurred in one way road kept for the
movement of the vehicles from Bengaluru after median
there is separate provision for the vehicles to move
from opposite direction. Therefore, from the evidence
of PW1 to 5 and above referred police records
petitioner proved that only due to the negligent act of
the driver of the KSRTC bus accident occurred.
37. Considering the same on completion of
investigation, Investigating Officer has filed abated
charge sheet against the driver of the bus. In the said
accident driver and conductor of the bus and 5
inmates of the bus succumbed to the injuries.
38. At the time of argument learned Advocate for
respondent No.1 has produced the judgments passed
by SCCH13 and SCCH9. Those judgments are with
reference to petitions filed by other inmates of the
bus. As there is no intervention of other vehicle the
SCCH-1 26 MVC No.3127-3129, 2165 to 2169/2018
facts that mode of occurrence of the accident itself is
sufficient to prove the rash or negligent act of driving
on the part of the KSRTC bus driver. In those
petitions, SCCH9 and SCCH13, Presiding Officers
have given the similar findings with reference to the
negligent act of driving on the part of the driver of the
KSRTC bus .
39. To prove that in the said accident they have
sustained injuries they have relied on the wound
certificate, discharge summary and medical records as
per Ex.P.7, P.10,P.17, P.20, P.25, P.30, P.35 and P.37
wound certificate of all petitioners. From these
documents, it is clear that petitioners have sustained
injuries in the said accident. Hence, Issue NO.1 in all
petitions are answered in the Affirmative.
40.Issue No.2: (3127/2018): The petitioner in
M.V.C.No.3127/2018, Meka Lingam has claimed
compensation of Rs.15,00,000/ on various heads.
SCCH-1 27 MVC No.3127-3129, 2165 to 2169/2018
41. In the decision reported in (2011) 1 SCC 343
( Raj Kumar Vs. Ajay Kumar and another) Division
Bench of the Hon'ble Apex Court has laid down on
what grounds compensation is required to be awarded
in personal injury case. In para 6 of the said judgment
their Lordships has demarcated the heads in which
compensation is required to be considered are reads as
under:
6. The heads under which compensation is
awarded in personal injury cases are the following:
Pecuniary damages(Special damages)
(i)Expenses relating to treatment,
hospitalization, medicines, transportation,
nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the
injured would have made had he not been injured,
comprising:
(a) Loss of earning during the period of
treatment
(b) Loss of future earnings on account of
permanent disability.
(iii) future medical expenses
Nonpecuniary damages(General damages)
(iv) Damages for pain, suffering and trauma as
a consequence of the injuries.
SCCH-1 28 MVC No.3127-3129, 2165 to 2169/2018
(v) Loss of amenities (and/or loss of prospects
of marriage)
(vi) Loss of expectation of life(shortening of
normal longevity)
42. From going through the above said decision, it
is clear that under the pecuniary damages expenses
relating to the treatment , hospitalisation, medicines,
transportation, nourishing food and miscellaneous
expenditure are required to be considered with. In the
second head loss of earning and other gains of the
injured person is required to be considered. In the
background of principle laid down by their Lordships in
the above said decision we can consider what amount
the petitioner is entitled for compensation.
43. To prove what are the injuries sustained by
the petitioner in the accident, he relied on his oral
evidence and Ex.P.7. Ex.P.7 is the wound certificate of
Meka Lingam, i.e., the petitioner. As per Ex.P.7 wound
certificate petitioner has sustained 4 injuries ,
SCCH-1 29 MVC No.3127-3129, 2165 to 2169/2018
three (3) tenderness and one abrasion. Injury No.2 and
4 are described as simple in nature , injuries No.1 and
3 are described as grievous in nature. Ex.R.10,11,12
are the documents produced by KSRTC for having paid
the amount to the hospital authority on behalf of
petitioner. From Ex.R.11 , it is clear that on
16.01.2018 petitioner was discharged from ND.R.K
hospital and he was admitted on 13.01.2018 for a
period of 4 days. He had taken treatment and the
medical bills was paid by the KSRTC including
ambulance charges. During the course of cross
examination of PW1, he has admittd that KSRTC has
spent Rs.38,428/ towards medical expenses and
incidental charges which is already spent on behalf of
the petitioner, same is required to be included in the
compensation amount.
44. As per Ex.P.7, wound certificate petitioner
has sustained fracture of right 5 th rib, left 4th to 9th rib
SCCH-1 30 MVC No.3127-3129, 2165 to 2169/2018
and fracture of right scapula. Considering the nature
of the injury sustained by the petitioner in the accident
compensation of Rs.40,000/ is awarded to the
petitioner towards pain and sufferings.
45. As already stated above, as per Ex.R.11,
petitioner has taken treatment as inpatient for 4 days.
Therefore Rs.4,000/ is awarded to the petitioner
towards food, nourishment, attendant charges.
46. Petitioner has spent amount for transport
even after discharge. He has taken follow up
treatment. Therefore, Rs.2,000/ is awarded to the
petitioner towards transport charges.
47. It is the case of the petitioner that he has lost
3 months salary as he is unable to work . Except his
oral evidence, nothing is there on record. Considering
the nature of the injury sustained by the petitioner, it
might not be possible for him to work for a minimum
SCCH-1 31 MVC No.3127-3129, 2165 to 2169/2018
period of 2 months. Even though petitioner has
claimed that he was working in Apotex Research
Private Ltd., and earning Rs.1,60,000/p.m. , he has
not produced any documentary evidence or he has not
adduced the evidence of his employer with reference to
his income. Therefore, considering the year of accident
2016, notional income is taken at Rs.12,000/p.m.
Considering the nature of the injuries , it might not be
possible for the petitioner to discharge his work for a
minimum period of 2 months. Therefore, petitioner is
awarded Rs.24,000/ towards loss of income during
the laid up period and rest period.
48. The details of compensation, to which the
petitioner is entitled to is as under:
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 40,00000
2. Medical Expenses Rs. 38,42800
SCCH-1 32 MVC No.3127-3129, 2165 to 2169/2018
3. Food and nourishment, Rs. 4,00000
attendant charges
4. Transportation charges Rs. 2,00000
5. Loss of income during laid Rs. 24,00000
up period
Total Rs. 1,08,42800
Compensation amount to Rs. 70,00000
petitioner
Medical bill amount to KSRTC Rs. 38,428.00
49. The total compensation determined in
M.V.C.No.3127/2018 is Rs.1,08,428/ which carries
interest at 6%p.a. from the date of the petition till
realization. . Out of it already Rs.38,428/ has been
paid by the KSRTC. The said amount is required to be
paid to the respondent No.1 KSRTC with interest at
6%p.a. from the date of the petition till realization and
petitioner is entitled for balance amount of
Rs.70,000/with interest at 6%p.a. from the date of the
petition till realization.
SCCH-1 33 MVC No.3127-3129, 2165 to 2169/2018
50. Issue No.2: (3128/2018): The petitioner in
M.V.C.No.3128/2018, Meka Ruthwin, is a minor and
his father PW1 represented him and has claimed
compensation of Rs.25,00,000/ on various heads.
51. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
M.V.C.No.3127/2018, we are required to calculate the
compensation amount entitled by the petitioner in this
case also.
52. To prove what are the injuries sustained by
the petitioner in the accident, PW1 relied on Ex.P.10
wound certificate, Ex.P.11 discharge summary of
N.D.R.K. hospital , Ex.P.12 , (6) discharge summaries
of Narayana Netralaya, Bengaluru. Ex.P.13 is 3 EMR
summaries of Narayana Netralaya, Bengaluru, Ex.P.14
SCCH-1 34 MVC No.3127-3129, 2165 to 2169/2018
out patient case sheet, Ex.P.15, 20 medical bills for
Rs.2,58,241/ and Ex.P.16 prescriptions(6).
53. From the discharge summaries it is clear that
at N.D.R.K. hospital as per Ex.P.11 petitioner has
taken treatment as an inpatient from 13.01.2018 to
16.01.2018. Thereafter he has taken treatment in
Naryana Netralaya as inpatient from 16.01.2018 to
21.01.2018. Again he was readmitted on 29.01.2018
and discharged on 08.02.2018. As per discharge
summary issued on 18.05.2018, 01.06.2018,
15.06.2018, 02.10.2018, it is clear that on all
respective dates petitioner underwent surgery in
Narayana Netralaya and he was discharged on the
same date. From these discharge summaries it is clear
that total 24 days petitioner has taken treatment as
inpatient during 10 months period from January to
October 2018. For this long treatment, the injury
SCCH-1 35 MVC No.3127-3129, 2165 to 2169/2018
caused to the petitioner in the said accident is the
reason.
54. As per wound certificate, Ex.P.10 petitioner
has sustained 5 injuries. There is fracture of 8 th and 10
ribs. Right eye corneal tear is a superficial scratch on
the clear, protective "window" at the front of eye
(cornea). From Ex.P.11 case sheet we can find the
positive photographs of the injured portion of the eye.
Considering the nature of the injury sustained by the
petitioner , boy aged 11 years and long sufferings for a
period of 10 months ,compensation of Rs.1,00,000/
is awarded to the petitioner towards pain and
sufferings.
55. From Ex.P.11 and P.12 , it is clear that on
different time gaps petitioner has taken treatment as
inpatient in the hospital with reference to the injury to
eye. Totally he took treatment for a period of 24 days
as inpatient. Therefore Rs.24,000/ is awarded to the
SCCH-1 36 MVC No.3127-3129, 2165 to 2169/2018
petitioner towards food, nourishment, attendant
charges.
56. Petitioner has taken treatment as an
inpatient on 7 occasions, thereafter, he has taken
treatment as out patient. Therefore, Rs.10,000/ is
awarded to the petitioner towards transport charges.
57. From the positive photographs attached to
the discharge summary, it is clear that the face of the
petitioner has been disfigured. There are permanent
marks on the face. Considering the age of the
petitioner and surgery underwent by the petitioner ,
still face of the minor petitioner appears to be
disfigured , therefore, compensation of Rs.1,00,000/
is awarded to the petitioner for disfiguration of the
face.
58. From going through Ex.P.12, discharge
summary, it is clear that in the first discharge
SCCH-1 37 MVC No.3127-3129, 2165 to 2169/2018
summary at the time of discharge doctors advised him
to review in paediatric surgery OPD , to review in
Narayana Nethralaya after two weeks. Similarly at
Sl.No.2 of discharge summary course in the hospital is
mentioned as petitioner underwent reexploration and
debridement local flap on 30.01.2018, full thickness
skin grafting on 02.02.2018, suture removal under
general anaesthesia .
59. At Sl.No.3 of Ex.P.12, discharge summary, it
is mentioned that in case of emergency when
increasing pain, increasing redness, worsening or loss
of vision, pus discharge from the eye to contact the
doctor. Similar things is mentioned in discharge
summary at Sl.No.4,5, 6 of Ex.P.12. From these , it is
clear that even after discharge as per Sl.No.6 of
Ex.P.12 in the month of October 2018 there is risk
factors involved with reference to increase of eye pain,
redness, worsening or loss of vision, pus discharge
SCCH-1 38 MVC No.3127-3129, 2165 to 2169/2018
from the eyes. Considering the same, petitioner is
required to take further treatment whenever, such
occasion arise. Considering the age of the petitioner ,
compensation of Rs.1,00,000/ is awarded to the
petitioner towards future Medical expenses.
60. In view of this eye injury petitioners study has
been effected. From the photographs it is clear that for
long period during treatment, it was not possible for
him to use that eye. Considering these facts an
amount of Rs.1,00,000/ is awarded to the petitioner
towards loss of amenities.
61. It is the case of the PW1 that huge amount
has been spent towards the treatment of the minor
petitioner. To substantiate the same Ex.P.15 , 20
medical bills have been produced. On the contrary
KSRTC has claimed that it has paid the medical
expenses. For that respondent No.1 relied on
Ex.R.13,14 and 15. From going through Ex.P.15, 20
SCCH-1 39 MVC No.3127-3129, 2165 to 2169/2018
medical bills for Rs.2,58,241/. Eventhough Ex.P.15,
20 series of bills are original but from Ex.R.13,14 and
15 , it is clear that under those medical bills KSRTC
has paid Rs.4,79,041/. Amount mentioned in Ex.P.15
series of bills is covered in Ex.R.13,14 and 15. Sl.No.1
of Ex.P.15 is the final bill issued by Narayana
Hrudayalaya. This bill is for Rs.2,18,790/.
62. Under Ex.R.16 , the K.S.R.T.C. has paid the
said amount. Therefore, there is no question of
payment of the bill amount in Sl.No.1 of Ex.P.15 to
PW1. So also Sl.No.13,14,8,19,20 of Ex.P.15 are
covered in Ex.R.18, bills produced by the respondent.
Thereby it is proved that Ex.P.15 series of bills are
covered in the amount paid by K.S.R.T.C. Therefore,
petitioner is not entitled for any amount under the
head of medical expenses. But same is required to be
included in calculating total compensation. Therefore,
the amount paid by the KSRTC directly to the hospital
SCCH-1 40 MVC No.3127-3129, 2165 to 2169/2018
including Rs.5000/ paid to PW1. The amount of
Rs.4,79,041/ is awarded towards the medical
expenses is required to be paid to KSRTC. Therefore,
total compensation determined is Rs.9,13,041/ with
interest at 6%p.a. from the date of the petition till
realization. Out of it, Rs.4,79,041/ is required to be
paid to the KSRTC with interest at 6%p.a. from the
date of the petition till realization and petitioner is
entitled to the balance amount of Rs.4,34,000/ with
interest at 6%p.a. from the date of the petition till
realization.
63. As except transport charges, PW1 has not
spent any amount for medical expenses of the
petitioner , therefore, entire amount is ordered to be
kept in the name of the minor petitioner in any of the
nationalized bank till he attains majority.
64. The details of compensation, to which the
petitioner is entitled to is as under:
SCCH-1 41 MVC No.3127-3129, 2165 to 2169/2018
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 1,00,00000
2. Medical Expenses Rs. 4,79,04100
3. Food and nourishment, Rs. 24,00000
attendant charges
4. Transportation charges Rs. 10,00000
5. Disfiguration Rs. 1,00,00000
6. Future Medical bills Rs. 1,00,00000
7. Loss of amenities Rs. 1,00,00000
Total Rs. 9,13,04100
Compensation amount to Rs. 4,34,00000
petitioner
Medical bill amount to KSRTC Rs. 4,79,04100
65. The total compensation determined in
M.V.C.No.3128/2018 is Rs.9,13,041/ with interest at
6%p.a. from the date of the petition till realization.
Out of it already Rs.4,79,041/ has been paid by the
K.S.R.T.C. Therefore, Rs.4,79,041/ with interest at
SCCH-1 42 MVC No.3127-3129, 2165 to 2169/2018
6%p.a. from the date of the petition till realizationis
required to be paid to the respondent No.1 K.S.R.T.C.
and petitioner is entitled for balance amount of
Rs.4,34,000/with interest at 6%p.a. from the date of
the petition till realization.
66. Issue No.2 in M.V.C.No.3129/2018: The
petitioner in M.V.C.No.3129/2018, Meka Rasika is a
minor and her father PW1 represented her and has
claimed compensation of Rs.5,00,000/ on various
heads.
67. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
M.V.C.No.3127/2018, we are required to calculate the
compensation amount entitled by the petitioner in this
case also.
SCCH-1 43 MVC No.3127-3129, 2165 to 2169/2018
68. To prove what are the injuries sustained by
the petitioner in the accident, PW1 relied on Ex.P.17
wound certificate, Ex.P.18 discharge summary. As per
Ex.P.17 wound certificate she has sustained only one
simple injury. From Ex.R.20 and 21 produced by the
K.S.R.T.C. , it is clear that the present petitioner has
taken treatment as inpatient from 13.01.2018 to
16.01.2018. Eventhough in the wound certificate it is
mentioned as simple injury and the KSRTC has paid
Rs.21,280/ medical expenses i.e., Rs.5000/ to PW1
and Rs.16,280/ to the NDRK hospital. An amount of
Rs.21,280/ is awarded towards medical expenses and
the same is required to be paid to the KSRTC.
69. Considering the fact that minor petitioner has
taken treatment as inpatient for a period of 4 days,
excluding amount spent by KSRTC, a global
compensation of Rs.25,000/ is awarded to the
petitioner including food, nourishment and attendant
SCCH-1 44 MVC No.3127-3129, 2165 to 2169/2018
charges of Rs.4,000/ and transport charges of
Rs.2,000/. Therefore, total compensation amount of
Rs.46,280/ is the determined compensation.
70. The total compensation determined in
M.V.C.No.3129/2018 is Rs.46,280/ with interest at
6%p.a. from the date of the petition till realization. Out
of it already Rs.21,280/ has been paid by the KSRTC.
The said amount is required to be paid to the
respondent No.1 K.S.R.T.C. with interest at 6%p.a.
from the date of the petition till realization and
petitioner is entitled for balance amount of
Rs.25,000/with interest at 6%p.a. from the date of the
petition till realization.
71. The petitioner is a minor said amount along
with interest is required to be kept in F.D. till she
attains majority as medical expenses were not spent by
next friend PW1.
SCCH-1 45 MVC No.3127-3129, 2165 to 2169/2018
72. Issue No.2 in M.V.CNo.2165/2018: The
petitioner in M.V.C.No.2165/2018, Usha Ravi Keerthi
has claimed compensation of Rs.18,00,000/ on
various heads.
73. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
M.V.C.No.3127/2018, we are required to calculate the
compensation amount entitled by the petitioner in this
case also.
74. To prove what are the injuries sustained by
the petitioner in the accident, she relied on Ex.P.19
discharge summary, Ex.P.18 wound certificate.
Ex.P.21 CECT chest report . As per Ex.P.19 discharge
summary petitioner has taken treatment as an
inpatient from 13.01.2018 to 11.02.2018 for a period
of 30 dyas. As per Ex.P.20 wound certificate petitioner
SCCH-1 46 MVC No.3127-3129, 2165 to 2169/2018
has sustained 3 injuries. 1) lacerated wound , 2)
tenderness . Injury No.1 is described as simple in
nature and injury No.2 is described as grievous in
nature.
75. As per discharge summary and Ex.P.21
report petitioner has sustained fracture of left 11 th rib,
2 point fracture of left 9 th and 10th ribs and 3 point
fracture of 4th to 8th ribsS/o flial cheat, displaced
fracture of 5th and 6th rib causing laceration with
contusion of left upper lobe, contusions also seen in
lower lobe, mild hemopneumothorax seen, lacerations
seen in upper pole of spleen reaching upto the hilum
wit no major devascularisation with mild perisplenic
fluid, small left perinephric hematoma measuring 20x6
mm around upper pole s/o grade 1 injury, right lung
appear normal , mediastinal structures appear normal.
No e/o mediastinal hematoma/pneumomediastinum.
Considering the fact that petitioner has taken
SCCH-1 47 MVC No.3127-3129, 2165 to 2169/2018
treatment as inpatient the rib fracture as resulted in
damage to the spleen which seen in the upper portion
of spleen . Considering the said fact compensation of
Rs.70,000/ is awarded to the petitioner towards pain
and sufferings.
76. As per Ex.P.19 discharge summary petitioner
has taken treatment as an inpatient from 13.01.2018
to 11.02.2018 for a period of 30 days. Therefore
compensation of Rs.30,000/ is awarded to the
petitioner towards food, nourishment, attendant
charges.
77. Petitioner has spent amount for transport
even after discharge, she has taken follow up
treatment. Therefore, Rs.2,000/ is awarded to the
petitioner towards transport charges.
78. It is the case of the petitioner that she was
earning Rs.40,000/p.m. by conducting tuitions.
SCCH-1 48 MVC No.3127-3129, 2165 to 2169/2018
Except her oral evidence nothing is there on record.
Considering the year of accident her notional income is
taken as Rs.12,000/p.m. Considering the nature of
the injury sustained by the petitioner, it might not be
possible for her to work for a minimum period of 2
months. Therefore, petitioner is awarded Rs.24,000/
towards loss of income during the laid up period
and rest period.
79. During the course of crossexamination of
PW2 she has admitted that K.S.R.T.C. has paid
Rs.1,79,340/ to the N.D.R.K. hospital and Rs.5,000/
to her. Therefore, already K.S.R.T.C. has spent an
amount of Rs.1,84,340/ which is required to be paid
to the K.S.R.T.C. including that amount total amount
required to be awarded is Rs.3,10,340/ . Out of it
K.S.R.T.C. is entitled for Rs.1,84,340/ and petitioner
is entitled for Rs.1,26,000/.
SCCH-1 49 MVC No.3127-3129, 2165 to 2169/2018
80. The details of compensation, to which the
petitioner is entitled to is as under:
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 70,00000
2. Medical Expenses Rs. 1,84,34000
plus Rs.5000
3. Food and nourishment, Rs. 30,00000
attendant charges
4. Transportation charges Rs. 2,00000
5. Loss of income during laid Rs. 24,00000
up period
Total Rs. 3,10,34000
Compensation amount to Rs. 1,26,00000
petitioner
Medical bill amount to KSRTC Rs. 1,84,34000
81. The total compensation determined in
M.V.C.No.2165/2018 is Rs.3,10,340/with interest at
6%p.a. from the date of the petition till realization. Out
of it already Rs.1,84,340/ has been paid by the
KSRTC. The said amount is required to be paid to the
SCCH-1 50 MVC No.3127-3129, 2165 to 2169/2018
respondent No.1 KSRTC with interest at 6%p.a. from
the date of the petition till realization and petitioner is
entitled for balance amount of Rs.1,26,000/with
interest at 6%p.a. from the date of the petition till
realization.
82. Issue No.2 in M.V.CNo.2166/2018: The
petitioner in M.V.C.No.2166/2018, Vinay
Ramachandra Bhat has claimed compensation of
Rs.3,00,000/ on various heads.
83. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
M.V.C.No.3127/2018, we are required to calculate the
compensation amount entitled by the petitioner in this
case also.
84. To prove what are the injuries sustained by
the petitioner in the accident, petitioner relied on his
SCCH-1 51 MVC No.3127-3129, 2165 to 2169/2018
own oral evidence as PW3. Ex.P.25 wound certificate ,
Ex.P.26 discharge summaries and Ex.P.27 medical
bills.
85. From going through Ex.p.29 wound certificate
and discharge summary, it is clear that petitioner has
sustained in all 4 injuries. Two lacerated injury and
one tenderness are described as simple in nature.
Fracture of let clavicle is shown as grievous in nature.
From Ex.P.26, it is clear that petitioner was admitted
to hospital on 13.01.2018 at 5.30 a.m. . He was
discharged on the same day at 2.30 p.m. He was given
conservative treatment. Considering the nature of the
injury sustained by the petitioner in the accident
compensation of Rs.30,000/ is awarded to the
petitioner towards pain and sufferings.
86. It is the case of the petitioner that he has
spent medical expenses. For that he has relied on
Ex.P.27, 8 series of medical bills amounting to
SCCH-1 52 MVC No.3127-3129, 2165 to 2169/2018
Rs.31,115/. During the course of crossexamination
of PW3, he has admitted that KSRTC has paid
Rs.5,000/. For that he has stated that he has not
personally received the amount. He did not know
whether his attender or hospital authority has received
the amount. The KSRTC has produced Ex.R.22 i.e.
receipt for having received Rs.5,000/. Along with
Ex.R.22 like any other case KSRTC has not produced
the medical bills. Therefore , it is clear that KSRTC has
not paid any medical bills. Therefore, under Ex.P.27
petitioner is entitled for medical expenses of
Rs.33,115/. Out of that amount he has already
received Rs.5,000/ from KSRTC. Therefore, petitioner
is entitled for Rs.28,115/ and KSRTC is entitled for
Rs.5,000/ paid as exgratia amount.
87. Petitioner has spent amount for
transportation , even after discharge, he has taken
SCCH-1 53 MVC No.3127-3129, 2165 to 2169/2018
follow up treatment. Therefore, Rs.5,000/ is awarded
to the petitioner towards transport charges.
88. It is the case of the petitioner that he was
earning Rs.27,000/p.m. by working as Software
Engineer in KPIT Technologies. Except his oral
evidence nothing is there on record. During the course
of his crossexamination, questions were put regarding
nonproduction of documentary evidence. He has
stated that as KPIT Company has merged with Birla
Soft and demerged sometime later, therefore, it is not
possible for him to produce the document to show
that he has sustained loss of 3 months salary. To
disbelieve the fact that he was working in a private
company situated at Electronic city nothing is elicited.
Therefore, his income is considered as
Rs.25,000/p.m.. Considering the nature of the injury
sustained by the petitioner, it might not be possible for
him to work for a minimum period of one month.
SCCH-1 54 MVC No.3127-3129, 2165 to 2169/2018
Therefore, petitioner is awarded Rs.25,000/ towards
loss of income during the laid up period and rest
period.
89. The details of compensation, to which the
petitioner is entitled to is as under:
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 30,00000
2. Medical Expenses Rs. 33,11500
3. Transportation charges Rs. 5,00000
4. Loss of income during laid Rs. 25,00000
up period
Total Rs. 93,11500
Compensation amount to Rs. 88,11500
petitioner
amount to KSRTC Rs. 5,00000
90. The total compensation determined in
M.V.C.No.2166/2018 is Rs.93,115/with interest at
SCCH-1 55 MVC No.3127-3129, 2165 to 2169/2018
6%p.a. from the date of the petition till realization. Out
of it already Rs.5,000/ has been paid by the KSRTC.
The said amount is required to be paid to the
respondent No.1 KSRTC with interest at 6%p.a. from
the date of the petition till realization and petitioner is
entitled for balance amount of Rs.88,115/with
interest at 6%p.a. from the date of the petition till
realization.
91. Issue No.2 in M.V.CNo.2167/2018: The
petitioner in M.V.C.No.2167/2018, Balasubramanya
Rao has claimed compensation of Rs.5,00,000/ on
various heads.
92. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
M.V.C.No.3127/2018, we are required to calculate the
SCCH-1 56 MVC No.3127-3129, 2165 to 2169/2018
compensation amount entitled by the petitioner in this
case also.
93. To prove what are the injuries sustained by
the petitioner in the accident, he relied on Ex.P.37
wound certificate, Ex.P.38 C.T.Scan report, Ex.P.39
out patient bill, Ex.P.40 prescriptions and his oral
evidence as PW5. In Ex.P.37 wound certificate, he has
sustained 3 injuries , second injury is mentioned as
grievous in nature, other two injuries are described as
simple in nature. As per xray there is fracture in
scapula. Ex.P.38 is the discharge summary. In
discahrge summary findings are mentioned as
displaced comminuted fracture seen involving the left
scapula, bilateral lungs appear normal. No e/o
contusion/laceration. Mediastinal structures appear
normal. No e/o mediastinal hematoma/
pneumomediastinum. He has treated conservatively.
He has not admitted in the hospital. Considering the
SCCH-1 57 MVC No.3127-3129, 2165 to 2169/2018
nature of the injury sustained by the petitioner in the
accident compensation of Rs.30,000/ is awarded to
the petitioner towards pain and sufferings.
94. From going through Ex.P.38, 39 , it is clear
that petitioner has taken treatment at NDRK hospital
as well as B.G.S. Global hospital and at the time of
discharge he was directed to take follow up treatment.
Considering the said fact, petitioner is awarded
Rs.5,000/ is awarded to the petitioner towards
transport charges.
95. It is the case of the petitioner that he has
incurred medical expenses . For that he has produced
out patient cash bill for Rs.3,760/ as per Ex.P.39 of
B.G.S. Global Hospital. The respondent No.1
K.S.R.T.C. has not paid the same. During the course
of crossexamination, PW5, has stated that KSRTC
has paid Rs.5,000/ as compensation i.e., towards
treatment taken in N.D.R.K. hospital. Therefore, under
SCCH-1 58 MVC No.3127-3129, 2165 to 2169/2018
Ex.P.39 petitioner is entitled for medical expenses by
rounding off the figure Rs.4,000/ is awarded to the
petitioner towards Medical Expenses.
96. As per Ex.R.2 and R.3, respondent No.1
KSRTC has paid Rs.5,000/ as interim compensation
and they have paid Rs.18,820/ towards medical
expenses of N.D.R.K. Hospital. Therefore, together
Rs.27,820/ is awarded to the petitioner towards
Medical Expenses and out of it a sum of Rs.23,820/
is required to be paid to the KSRTC.
97. It is the case of the petitioner that he was
earning Rs.48,000/p.m. by working as Fashion
Designer at Aravind Fashions Pvt. Ltd., M.G.Road,
Bengaluru. During the course of crossexamination,
of PW5 he has deposed that he is getting salary of
Rs.25,000/ to Rs.30,000/p.m. Except her oral
evidence nothing is there on record. Therefore,
considering the year of accident his notional income is
SCCH-1 59 MVC No.3127-3129, 2165 to 2169/2018
taken as Rs.12,000/p.m. Considering the nature of
the injury sustained by the petitioner, it might not be
possible for her to work for a minimum period of one
month. Therefore, petitioner is awarded Rs.12,000/
towards loss of income during the laid up period
and rest period.
98. The details of compensation, to which the
petitioner is entitled to is as under:
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 30,00000
2. Medical Expenses Rs. 27,82000
18,820+5000+4000
3. Transportation charges Rs. 5,00000
4. Loss of income during laid Rs. 12,00000
up period
Total Rs. 74,82000
Compensation amount to Rs. 51,00000
petitioner
Medical bill amount to KSRTC Rs. 23,82000
SCCH-1 60 MVC No.3127-3129, 2165 to 2169/2018
99. The total compensation determined in
M.V.C.No.2167/2018 is Rs.74,820/with interest at
6%p.a. from the date of the petition till realization. Out
of it already Rs.23,820/ has been paid by the KSRTC .
Therefoe Rs.23,820/ with interest at 6%p.a. from the
date of the petition till realization is required to be
paid to the respondent No.1 KSRTC and petitioner is
entitled for balance amount of Rs.51,000/with
interest at 6%p.a. from the date of the petition till
realization.
100. Issue No.2 in M.V.C.No.2168/2018: The
petitioner in M.V.C.No.2168/2018, Pradeep H., has
claimed compensation of Rs.3,00,000/ on various
heads.
101. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
SCCH-1 61 MVC No.3127-3129, 2165 to 2169/2018
M.V.C.No.3127/2018, we are required to calculate the
compensation amount entitled by the petitioner in this
case also.
102. To prove what are the injuries sustained by
the petitioner in the accident, he relied on his oral
evidence examined himself as PW4, wound certificate
Ex.P.10, radiological report Ex.P.31, medical bills
Ex.P.32, prescriptions Ex.P.33. From Ex.P.30 and 31,
it is clear that petitioner has sustained two injuries
described as tenderness both injuries are described as
simple in nature. Ex.P.31 radiology report impression
is mentioned as +tear involving femoral attachment
site of anterior cruciate ligament, tear involving medial
collateral ligament, marrow edema involving lateral
tibial plateau. Considering the nature of the injury
sustained by the petitioner and he has taken
treatment as out patient, compensation of
SCCH-1 62 MVC No.3127-3129, 2165 to 2169/2018
Rs.20,000/ is awarded to the petitioner towards pain
and sufferings.
103. It is the case of the petitioner that he has
incurred medical expenses of Rs.13,033/ under
Sl.No.1 to 11 of Ex.P.32. As per Ex.R.4 ,R.5,R.6 KSRTC
has paid Rs.10,588/. Out of it Rs.5,248/ directly to
N.D.R.K. hospital and Rs.5,340/ to Tejeswini
Hospital. In the chief examination of PW4, he has
specifically averred that after taking treatment in
N.D.R.K. hospital, he had been shifted to Indiana
Hospital and Heart Institute ltd., and then to Tejaswini
hospital. Therefore, petitioner is entitled for medical
expenses incurred by him under Ex.P.32 medical bills
for Rs.13,035/, excluding amount directly paid by
KSRTC to two hospitals i.e., Rs.10,588/. Therefore,
petitioner is awarded Rs.23,623/ towards Medical
Expenses and out of it Rs.10,588/ is required to be
paid to KSRTC.
SCCH-1 63 MVC No.3127-3129, 2165 to 2169/2018
104. Petitioner has taken treatment in 3 different
hospitals, he might have incurred conveyance charges.
Therefore, petitioner is awarded Rs.2,000/ towards
transport charges.
105. The details of compensation, to which the
petitioner is entitled to is as under:
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 20,00000
2. Medical Expenses Rs. 13,03500
3. Medical bills paid by Rs. 10,58800
KSRTC
4. Transportation charges Rs. 2,00000
Total Rs. 45,62300
Compensation amount to Rs. 35,03500
petitioner
Medical bill amount to KSRTC Rs. 10,58800
106. The total compensation determined in
M.V.C.No.2168/2018 is Rs.45,623/with interest at
SCCH-1 64 MVC No.3127-3129, 2165 to 2169/2018
6%p.a. from the date of the petition till realization. Out
of it already Rs.10,588/ has been paid by the KSRTC.
Therefore, Rs.10,588/ with interest at 6%p.a. from
the date of the petition till realization is required to be
paid to the respondent No.1 KSRTC and petitioner is
entitled for balance amount of Rs.35,035/with
interest at 6%p.a. from the date of the petition till
realization.
107. Issue No.2 in M.V.CNo.2169/2018: The
petitioner in M.V.C.No.2169/2018, Yashwanthi has
claimed compensation of Rs.5,00,000/ on various
heads.
108. In view of the above discussions and
principles laid down by their Lordships in (2011) 1
SCC 343 ( Raj Kumar Vs. Ajay Kumar and another)
referred in answering Issue No.2 of
M.V.C.No.3127/2018, we are required to calculate the
SCCH-1 65 MVC No.3127-3129, 2165 to 2169/2018
compensation amount entitled by the petitioner in this
case also.
109. To prove what are the injuries sustained by
the petitioner in the accident, she relied on the
evidence of her husband who is examined as PW4 in
this case. In the further chief examination of PW4, he
has produced wound certificate of petitioner
Yeshwanthi as Ex.P.35 and OPD slip at Ex.P.36. From
Ex.P.35, it is clear that she has sustained 4 injuries,
lacerated wound , one tenderness and one abrasion.
Injury No.2 tenderness over right side of the chest is
described as grievous in nature. Other 3 injuries are
described as simple in nature. Ex.P.36 is discharge
card issued by Adarsh Hospital , which discloses
petitioner took treatment as an inpatient from
13.01.2018 to 21.01.2018, for a period of 8 days. Final
diagnosis is mentioned in Ex.P.36 as liver injury.
Considering the nature of the injury sustained by the
SCCH-1 66 MVC No.3127-3129, 2165 to 2169/2018
petitioner in the accident Rs.40,000/ is awarded to
the petitioner towards pain and sufferings.
110. As per Ex.P.36 discharge card petitioner has
taken treatment as an inpatient for a period of 8 days.
Therefore Rs.8,000/ is awarded to the petitioner
towards food, nourishment, attendant charges.
111. Petitioner has spent amount for her
transportation as even after discharge. she has taken
follow up treatment. Therefore, Rs.2,000/ is awarded
to the petitioner towards transport charges.
112. During the course of crossexamination
PW4 has admitted that KSRTC has paid Rs.29,767/
towards medical expenses of petitioner. Therefore,
petitioner is not entitled for medical expenses but
Rs.29,767/ is awarded towards medical expenses
already spent by K.S.R.T.C. and same is required to be
SCCH-1 67 MVC No.3127-3129, 2165 to 2169/2018
paid to respondent No.1 K.S.R.T.C. with a direction to
the petitioner to pay the same to KSRTC.
113. The details of compensation, to which the
petitioner is entitled to is as under:
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 40,00000
2. Medical Expenses Rs. 29,76700
3. Food and nourishment, Rs. 8,00000
attendant charges
4. Transportation charges Rs. 2,00000
Total Rs. 79,76700
Compensation amount to Rs. 50,00000
petitioner
Medical bill amount to KSRTC Rs. 29,76700
114. The total compensation determined in
M.V.C.No.2169/2018 is Rs.79,767/ with interest at
6%p.a. from the date of the petition till realization. Out
of it already Rs.29,767/ has been paid by the
K.S.R.T.C. Therefore, Rs.29,767/ with interest at
SCCH-1 68 MVC No.3127-3129, 2165 to 2169/2018
6%p.a. from the date of the petition till realization is
required to be paid to the respondent No.1 K.S.R.T.C.
and petitioner is entitled for balance amount of
Rs.50,000/with interest at 6%p.a. from the date of the
petition till realization.
115. Regarding entitlement of amount of exgratia
paid by the KSRTC, the learned Advocate for
respondent No.1 KSRTC relied on the judgments of
Division Bench, High Court of Karnataka in
M.F.A.No.2167/2011 C/w.M.F.A.No.2168/2011 dated
10th January 2012 ( Cholamandalam MS General
Insurance Company Limited Vs.Kumari Baby
Pranamya and others). In that case their Lordship
observed that "KSRTC had made exgratia payment of
Rs.1,65,000/ and Rs.80,000/ with reference to two
M.V.C.Petitions and ultimately their Lordship held that
out of the compensation amount determined the
direction was given to the insurance company to pay
SCCH-1 69 MVC No.3127-3129, 2165 to 2169/2018
exgratia amount already paid by KSRTC to the
KSRTC". In view of the above said observation that the
respondent No.1, KSRTC has produced sufficient
material and from the admission given by PW1 to 5 ,
it is proved that respondent No.1, KSRTC has paid the
medical expenses immediately after the accident. The
same is already included in the determined
compensation. Out of determined compensation
direction is issued to the insurance company to pay
respective amount referred above to the KSRTC which
was already paid by KSRTC to all 8 petitioners.
116. The respondent No.1 being the owner and
respondent No.2 being the insurance company of the
KSRTC bus bearing No.KA01F8531 are jointly and
severally liable to pay the compensation amount to the
petitioners in all 8 petitions. However, the respondent
No.2 being the insurance company is liable to pay the
compensation amount to the petitioners in all 8
SCCH-1 70 MVC No.3127-3129, 2165 to 2169/2018
petitions. For the above said reasons, Point No.2 is
answered accordingly.
117. Point No.3: In view of the discussions
made above, I proceed to pass the following:
ORDER
M.V.C. No.3127/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.1,08,428/. Out of the total compensation, the petitioner is entitled for Rs.70,000/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.38,428/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with SCCH-1 71 MVC No.3127-3129, 2165 to 2169/2018 interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount is ordered to be released to the petitioner.
M.V.C. No.3128/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.9,13,040/. Out of the total compensation, the petitioner is entitled for Rs.4,34,000/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.4,79,041/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
SCCH-1 72 MVC No.3127-3129, 2165 to 2169/2018
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount with interest is ordered to be invested in high yielding fixed deposit in the name of the petitioner in any of the nationalized or scheduled bank of the choice of PW1 till the minor petitioner attain majority. PW1 is at liberty to withdraw the periodical interest on the F.D. amount to meet the expenses of the minor petitioner. M.V.C. No.3129/2018 The petition filed by the petitioner is allowed in part against the respondents SCCH-1 73 MVC No.3127-3129, 2165 to 2169/2018 The total determined compensation is Rs.46,280/. Out of the total compensation, the petitioner is entitled for Rs.25,000/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.21,280/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount with interest is ordered to be invested in high yielding fixed deposit in the name of the petitioner in any of the nationalized or scheduled bank of the choice of PW1 till the minor SCCH-1 74 MVC No.3127-3129, 2165 to 2169/2018 petitioner attain majority. PW1 is at liberty to withdraw the periodical interest on the F.D. amount to meet the expenses of the minor petitioner. M.V.C. No.2165/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.3,10,340/. Out of the total compensation, the petitioner is entitled for Rs.1,26,000/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.1,84,340/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 SCCH-1 75 MVC No.3127-3129, 2165 to 2169/2018 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount is ordered to be released to the petitioner.
M.V.C. No.2166/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.93,115/. Out of the total compensation, the petitioner is entitled for Rs.88,115/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.5000/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with SCCH-1 76 MVC No.3127-3129, 2165 to 2169/2018 interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount is ordered to be released to the petitioner.
M.V.C. No.2167/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.74,820/. Out of the total compensation, the petitioner is entitled for Rs.51,000/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.23,820/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
SCCH-1 77 MVC No.3127-3129, 2165 to 2169/2018
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount is ordered to be released to the petitioner.
M.V.C. No.2168/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.45,623/. Out of the total compensation, the petitioner is entitled for Rs.35,035/ with interest at the rate of 6% per annum from the date of petition till realisation. An amount of Rs.10,588/ is ordered to be paid to respondent No.1, KSRTC with interest at SCCH-1 78 MVC No.3127-3129, 2165 to 2169/2018 the rate of 6% per annum from the date of petition till realisation.
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount is ordered to be released to the petitioner.
M.V.C. No.2169/2018 The petition filed by the petitioner is allowed in part against the respondents The total determined compensation is Rs.79,767/. Out of the total compensation, the petitioner is entitled for Rs.50,000/ with interest at the rate of 6% per annum from the date of petition SCCH-1 79 MVC No.3127-3129, 2165 to 2169/2018 till realisation. An amount of Rs.29,767/ is ordered to be paid to respondent No.1, KSRTC with interest at the rate of 6% per annum from the date of petition till realisation.
The respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with interest. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 Insurance Company and it is directed to pay the compensation amount within two months from the date of this order.
The entire compensation amount is ordered to be released to the petitioner.
Advocate's fee is fixed at Rs.1,000/ in each case. Original judgment shall be kept in MVC No.3127/2018 and its copies are in other cases. SCCH-1 80 MVC No.3127-3129, 2165 to 2169/2018
Draw an award accordingly.
(Dictated to the Stenographer, transcribed by her, corrected, signed and then pronounced by me in the Open Court on this the 29th day of April 2022) ( PRABHAVATI M.HIREMATH) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
ANNEXURES Witnesses examined on behalf of the petitioners:
P.W.1 : Meka Lingam P.W.2 : Usha Ravikeerthi P.W.3 : Vinay Ramachandra Bhat P.W.4 : Pradeep H. P.W.5 : Balasubramanya Rao M.
Documents marked on behalf of the petitioners:
Ex.P1 : Copy of FIR along with complaint Ex.P2 : Copy of spot mahazar Ex.P3 : Copy of Seizer mahazar Ex.P4 : Copy of Spot sketch Ex.P.5 Copy of IMV Report Ex.P.6 Copy of Charge sheet SCCH-1 81 MVC No.3127-3129, 2165 to 2169/2018 Ex.P. 7 Copy of Wound certificate Ex.P.8 Notarized copy of employment identity card of petitioner in MVC No.3127/2018(original compared and returned) Ex.P.9 Notarized copy of Aadhar card of petitioner in MVC No.3127/2018 Ex.P.10 Copy of Wound Certificate of petitioner in MVC No.3128/2018 Meka Ruthwin Ex.P.11 Discharge Summary of NDRK Hospital of petitioner in MVC No.3128/2018 Ex.P.12 Discharge Summaries (6) of Narayana Netralaya, Bengaluru Ex.P.13 EMR summaries of Narayana Netralaya Bengaluru (3) Ex.P.14 O.P.Case sheet of Narayana Health Medical Centre, Bengaluru Ex.P.15 Medical bills (20) of petitioner in MVC No.3128/2018 Ex.P.16 Prescriptions(6) of petitioner in MVC No.3128/2018 Ex.P.17 Copy of Wound Certificate of petitioner in MVC No.3129/2018 Meka Rishikah Ex.P.18 & Discharge Summary of petitioner in 19 MVC No.2165/2018 (2) Ex.P.20 Copy of wound certificate of petitioner in M.V.C.No.2165/2018 Ex.P.21 C.T.Scan Report of petitioner in MVC SCCH-1 82 MVC No.3127-3129, 2165 to 2169/2018 No.2165/2018 Ex.P.22 Certificate issued by Doctor to the petitioner in M.V.C.No.2165/2018 Ex.P.23 Xray and Report Ex.P.24 Notarized copy of Aadhaar Card of petitioner in MVC No.2165/2018 Ex.P.25 True copy of Wound Certificate of petitioner in MVC No.2166/2018 Ex.P.26 Discharge summary of petitioner in MVC No.2166/2018 Ex.P.27 Medical bills (8) Ex.P.28 Prescription Ex.P.29 Bank statement of petitioner in MVC No.2166/2018 Ex.P.30 Copy of wound certificate of petitioner in MVC No.2168/2018 Ex.P.31 Radiology Report of petitioner in MVC No.2168/2018 Ex.P.32 Medical bills(12) of petitioner in MVC No.2168/2018 Ex.P.33 Prescriptions (5) Ex.P.34 Notarized copy of Aadhaar card of petitioner in MVC No.2168/2018 (original compared and returned) Ex.P.35 Copy of wound certificate of petitioner in MVC No.2169/2018 Ex.P.36 OPD Card Ex.P.37 Copy of wound certificate of petitioner in MVC No.2167/2018 Ex.P.38 C.T.Scan Report SCCH-1 83 MVC No.3127-3129, 2165 to 2169/2018 Ex.P.39 Out patient bill of petitioner in MVC No.2167/2018 Ex.P.40 Prescription Ex.P.41 Notarized copy of Aadhaar card of petitioner in MVC No.2167/2018 Witnesses examined on behalf of the respondents :
RW1 Prathima N. Documents marked on behalf of the respondents:
Ex.R.1 Authorization letter Ex.R.2 to Interim compensation and medical R.21 bills paid in respect of MVC Nos.
2167/2018, 2168/2018, 2169/2018, 3127/2018, 3128/2018 and 3129/2018 Ex.R.22 Receipt for having paid interim compensation to petitioner in MVC No.2166/2018 ( PRABHAVATI M.HIREMATH) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.