Bangalore District Court
Shirisha R vs Dayananda C H on 14 October, 2025
KABC020388062023
IN THE COURT OF XXI ADDL.SMALL CAUSE JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE.
(SCCH-23)
DATED THIS THE 14th DAY OF OCTOBER - 2025
PRESENT: Sri. Shreyansh Doddamani
B.Com. LL.B (Spl)
XXI ADDL. SCJ & ACJM
MEMBER - MACT, BENGALURU.
MVC.No.8013/2023 to MVC.8017/2023
Petitioners 1) Sri. Venkatesha,
(in MVC.8013/2023) : S/o Kondappa,
Aged about 48 years.
2) Sri. Balaji. V,
S/o Venkatesh,
Aged about 22 years.
3) Sri.V. Kiran,
S/o Venkatesh,
Aged about 19 years.
All are R/at : Roppa Badavane,
Pavagada Town & Taluk,
Tumkur District.
Petitioner Sri. Venkatesha,
(in MVC.8014/2023) S/o Kondappa,
Aged about 48 years.
R/at : Roppa Badavane,
SCCH-23 2 MVC.8013/2023 to
MVC.8017/2023
Pavagada Town & Taluk,
Tumkur District.
Petitioner Smt. Shirisha. R,
(in MVC.8015/2023) W/o Balaji. V,
D/o Rajanna,
Aged about 20 years.
R/at : Kadapalakere,
Gundlahalli,
Kasaba Hobli,
Pavagada Taluk,
Tumkur District.
Petitioner Smt. Ramadevi
(in MVC.8016/2023) W/o Hanumantha Reddy,
Aged about 43 years,
R/at : Valluru village and post,
Pavagada Taluk,
Tumkur District-572136
Petitioner Sri.Hanumantha Reddy,
(in MVC.8017/2023) S/o Anjina Reddy,
Aged about 49 years,
R/at : Valluru village and post,
Pavagada Taluk,
Tumkur District-572136
(By Advocate: Sri.Ravi Kumar. V)
-Versus-
Respondents Sri. Dayanand. C.H
(Common in all S/o Hanumantharayappa,
petitions) : Major in age,
R/at : C.H.Palya village,
Nidagal Hobli, Gujjanadu,
Pavagada Taluk,
Tumkur District-572116.
SCCH-23 3 MVC.8013/2023 to
MVC.8017/2023
(RC owner of the Traveller Maxi Cab/
Mini bus bearing No.KA-02-AF-7509)
(By Sri. K.R.P & GR, Advocates)
2) National Ins.Co.Ltd.,
Regional Office, T.P.Hub,
No.144, Shubharam Complex,
M.G.Road, Bengaluru-560001.
Insurer of the Traveller Maxi Cab/
Mini bus bearing No.KA-02-AF-7509
Policy No.604203312310001145
valid from 27.09.2023 to 26.09.2024.
(By Sri. V.S.N, Advocate)
COMMON JUDGMENT
These petitions have filed under Section 166 of M.V Act
seeking compensation for the death and injuries sustained in a
road traffic accident. As both the petitions were arising out of
the same accident, they were clubbed together for recording of
common evidence and judgment.
2. The case of the petitioners in the nutshell is that on
13.10.2023 at about 4.30 a.m, the deceased (in
MVC.8013/2023) and petitioners were traveling in Traveller
Maxi Cab/Mini bus bearing No.KA-02-AF-7509 as passengers.
The said Traveller Maxi Cab/Mini bus bearing No.KA-02-AF-
7509 was driving by its driver on NH-52 road with high speed,
SCCH-23 4 MVC.8013/2023 to
MVC.8017/2023
in a rash and negligent manner, so as to endangering human
life. When the said Traveller Maxi Cab/Mini bus bearing No.KA-
02-AF-7509 reached near Chousala Bypass Bridge, on NH-52,
Beed District, Maharastra State, within the limits of Neknorr
Police station, due to high speed, the driver was lost control
over his vehicle and went and dashed to the rear side of the
Tractor and trolley bearing Reg.No.MH-23-A-2387 and MH-44-
Z-0298, which was going ahead of the Traveler Maxi cab / Mini
bus and caused the accident. Because of the said impact some
of the the passengers of the Traveler Maxi cab / Mini bus
sustained grievous injuries and deceased in MVC.8013/2023
was died during the course of treatment.
3. It is further urged that, immediately after the accident
petitioners in all the cases were shifted to respective hospitals,
wherein they took treatment and undergone several
examinations and discharged with an advised to take follow-up
treatment. It is further stated by the petitioners in all the
petitions that they have spent substantial amount towards their
treatment. It is further submitted that because of accidental
SCCH-23 5 MVC.8013/2023 to
MVC.8017/2023
injuries the petitioners have suffered both financially and
emotionally. It is contended that the accident happened
because of rash and negligent act of the driver of Traveler Maxi
cab / Mini bus and as such both the respondents are jointly
and severally liable to pay the compensation. Hence prayed to
allow the petitions.
4. Notice was duly served to respondent No.1. Respondent
No.1 appeared through his counsel by filing written statement
rather objections to the main petition contending that the
petition itself is not maintainable either law or on facts. This
respondent has admitted that the accident was occurred due to
the rash and negligent driving of the driver of the Tempo
Traveller. The respondent No.1 admitted that he is the RC
owner of the Traveller Maxi Cab/Mini bus bearing No.KA-02-
AF-7509 and was duly insured with the 2 nd respondent and
same was in force as on the date of accident. It is further
submitted that the driver of the Traveller Maxi Cab/Mini bus
also possess valid and effective driving licence. It is further
urged that in case if Court comes to conclusion that the
SCCH-23 6 MVC.8013/2023 to
MVC.8017/2023
petitioners are entitle for any compensation same is to be
fastened on the 2nd Respondent - insurance company. Further
denied all the allegation made in the petition. Hence prayed to
dismiss the petition.
5. After service of notice, respondent No.2 appeared
through its counsel and filed written statement in all the
petitions and contending that the petitions itself are not
maintainable either law or on facts. The respondent admitting
the issuance of insurance policy in respect of offending Tempo
Traveller Maxi Cab/Mini bus bearing No.KA-02-AF-7509.
However the liability if any is pleaded to be subject to the terms
& conditions of the policy. The petition is bad for non joinder of
necessary parties. As the owner and insurer of the Tractor and
trailer are necessary parties to the proceedings. Non-compliance
of sections 149(2), 134(c), 158(6) of MV Act is pleaded. This
respondent specifically and empathically denied the occurrence,
mode and manner of accident and also involvement of the
vehicle in the accident. Negligence on the part of the driver of
insured Tempo Traveller Maxi Cab/Mini bus is denied by this
SCCH-23 7 MVC.8013/2023 to
MVC.8017/2023
respondent. Per contra it is alleged that the driver of Tractor
and trailer. Hence the accident occurred solely due to the
negligence on the part of the Tractor and trailer. Further
contended that the driver of Tractor and trailer has contributed
to the cause of accident and the degree of negligence on the part
of its driver was on the higher side. Without prejudice to the
said contention it is averred that the driver of the insured
vehicle and Tractor and trailer did not possess valid & effective
DL. Despite knowing the said fact the owner thereof had
handed over its possession to such a driver. On account of
willful breach of the terms & conditions of the policy by the
insured, the insurance company is not liable to indemnify him.
Further denied all the allegations made in the petitions. Hence
prayed to dismiss the petitions.
6. On the basis of above pleadings the following issues
were framed in all the petitions :
ISSUES IN MVC.8013/2023
1) Whether the petitioners prove that they are the
legal heirs and dependents of the deceased ?
2) Whether the petitioners prove that the deceased
SCCH-23 8 MVC.8013/2023 to
MVC.8017/2023
succumbed to the injuries sustained in a road
traffic accident that occurred on 13.10.2023 at
about 4.30 a.m., near Chousala, at Bypass
Bridge situated on NH-52 road, Beed District,
Maharastra State, due to actionable negligence of
the driver of Traveller Maxi cab / Mini bus
bearing Reg.No.KA-02-AF-7509 ?
3) Whether the petitioners are entitled for
compensation as prayed ? If so, at what rate and
from whom ?
4) What order or award ?
ISSUES IN MVC.8014/2023 to MVC.8017/2023
1) Whether the petitioner proves that he/ she
sustained injuries in a road traffic accident that
occurred on 13.10.2023 at about 4.30 a.m.,
near Chousala, at Bypass Bridge situated on
NH-52 road, Beed District, Maharastra State,
due to actionable negligence of the driver of
Traveller Maxi cab / Mini bus bearing
Reg.No.KA-02-AF-7509 ?
2) Whether the petitioner is entitled for
compensation as prayed for ? If so, at what rate
and from who ?
3) What order or award?
7. Petitioner No.1 examined himself as PW.1. Ex's.P1 to
37(A) were marked on behalf of the petitioners. The petitioner in
MVC.8015/2023 got examined herself as PW.2 and got marked
Ex.P.38 to 44 documents. The petitioner in MVC.8016/2023 got
SCCH-23 9 MVC.8013/2023 to
MVC.8017/2023
examined himself as PW.3 and got marked Ex.P.45 to 47 and
Ex.P.52 to 55 documents. The petitioner in MVC.8017/2023
got examined herself as PW.4 and got marked Ex.P.48 to 51 and
Ex.P.56 to 59 documents. Added more the Orthopedic Surgeon
who was assessed the disability of petitioners in
MVC.8016/2023 and MVC.8017/2023 was examined as PW.5
and through him Ex.P.60 to 63 were marked. In order to prove
the defence, the respondent No.2 insurance company examined
its Assitant Manager as RW.1 and got marked Ex.R.1 & 2
documents. Furthermore the respondent No.1 who is none
other than the owner of the Tempo Traveller got examined
himself as RW.2 and got marked Ex.R.3 to 5 documents.
8. Heard counsel for the petitioners and respondents on
merits. Perused the entire materials placed on record.
9. This tribunal answers to the above issues in all the
petitions are as follows :-
IN MVC.8013/2023
Issue No.1 : In the Affirmative
Issue No.2 : In the Affirmative
SCCH-23 10 MVC.8013/2023 to
MVC.8017/2023
Issue No.3 : Partly in the Affirmative
Issue No.4 : As per final order for the
following :
IN MVC.8014/2023 to MVC.8017/2023
Issue No.1 : In the Affirmative
Issue No.2 : Partly in the Affirmative
Issue No.3 : As per final order for the
following :
REASONS
10. ISSUE NO.1 IN MVC.8014/2023 to
MVC.8017/2023 and ISSUE No.2 IN IN MVC.8013/2023 :
The petitioners in all the petitions have knocked the doors of
justice with a relief to grant a compensation for the death of
deceased and injuries sustained in RTA. All the petitions arising
out of the same accident and as such the factum of negligence
and involvement of the vehicle is taken for common discussion
in order to avoid the repetition of facts and consideration.
11. The occurrence of the accident on the relevant date,
time and place is not in dispute. The only issue with which the
parties are at loggerheads is with regard to the false implication
of driver of the offending vehicle in the accident. The respondent
No.2 insurance company contended that at the time of accident
SCCH-23 11 MVC.8013/2023 to
MVC.8017/2023
the driver of Traveller Maxi Cab/Mini bus bearing No.KA-02-AF-
7509 did not possess valid and effective DL and thereby the
petitioners colluded with the police have falsely implanted the
driver to the offending vehicle to get unlawful gain from this
respondent. At the inception in order to prove the above said
fact apart self serving and self proclaimed statement in written
statement there is absolutely no materials were placed on
record before this Court. No doubt the respondent No.2 has at
the first inception had examined its official as RW.1. He
reiterated the written statement averments. Further during the
course of his cross examination RW.1 categorically admitted
that they have only collected documents from their company,
not investigated. Further he stated that they have issued a
notice to the respondent No.1 asking for documents. But they
have not responded. The documents regarding the notice have
not been produced in Court. He further stated that in this case,
there is no information about all the documents presented by
the applicant, but there is information about some of the
documents. He stated that there is information about the FIR
SCCH-23 12 MVC.8013/2023 to
MVC.8017/2023
and the charge sheet. He was not aware of the complainant's
restatement. He denied the suggestion that "It is not correct to
say in the restatement the complainant stated that he
mispronounced the driver's name due to a language barrier".
Further he stated that no separate documents have been
collected to show that Dayanand was driving the vehicle, but it
was in the complaint itself. He admitted that all petitioners were
the eyewitnesses. Further the injured parties have said that
Vedamurthy was driving the vehicle at the time of the accident,
which was to their advantage. He admitted that the police have
filed a charge sheet stating that Vedamurthy was driving the
vehicle, but it was false. He stated that no complaint has been
filed with the investigating officer's superiors that the charge
sheet was false.
12. In order to rebut the evidence, the owner of the
offending vehicle by name Dayananda himself was examined as
RW.2. He reiterated his written statement averments. Further in
his cross examination he stated that he had been to Shiradi with
driver. At the time of accident Vedamurthy was driving the
SCCH-23 13 MVC.8013/2023 to
MVC.8017/2023
vehicle. He did not know driving of heavy vehicle or medium
passengers vehicles. He admitted that the petitioners were
traveling as passengers at his vehicle on the basis of rent.
Further he admitted that the accident occurred due to the
negligence of his vehicle driver. He stated that a tractor was
going in front of the tempo traveler and it was full of sugarcane.
He admitted that the accident happened in the early hours of
the morning. There were 13 people in the Tempo Traveler and
they suffered injuries and he was also injured and was admitted
to the hospital. He denied the suggestions. He further stated
what the complainant told before the police was not correct. The
contents of FIR and complaint are not correct. He was not the
driver. He did not stuck between the seat and steering. He
stucked between the two seats. But in the complaint wrongly
written as he was stucked between seat and steering.
13. It is pertinent to note that in the cross examination
PW.1 to 4 have stated that at the time of accident one
Vedamurthy was driving the offending vehicle. Further the
respondent No.2 has not made any effort to examine the driver
SCCH-23 14 MVC.8013/2023 to
MVC.8017/2023
of the offending vehicle and the complainant to prove the fact.
Non-examination of driver of offending vehicle and
complainant is fatal to the defence of insurance company. The
respondent No.2 made effort to examine the IO but IO has not
appeared before the Court. Hence its contention that the driver
of the offending vehicle was implanted has to be disbelieved.
Under such circumstances, the evidence of PW's.1 to 4 which is
supported by police documents has to be accepted.
Consequently I hold that the accident is proved to have been
caused due to the negligence of the driver of the Traveler Maxi
Cab/Mini bus bearing No.KA-02-AF-7509. With this
observations issue No.1 in MVC.8014/2023 to
MVC.8017/2023 and Issue No.2 in MVC.8013/2023 is
answered In the Affirmative.
14. ISSUE NO.1 IN MVC.8013/2023 : The petitioners
claim that petitioner No.1 is the husband and petitioner No.2 &
3 are the sons of the deceased. To prove the same, petitioner
No.1 filed affidavit-in-lieu of his chief-examination and deposed
about the above relationship. The documents placed on record
SCCH-23 15 MVC.8013/2023 to
MVC.8017/2023
reflect the aforesaid relationship of the claimants with the
deceased. Since the evidence led by PW.1 is satisfactory, I hold
that the petitioners are the legal representatives of the
deceased. Therefore, I answer issue No.2 as In the Affirmative.
15. ISSUE NO.3 IN MVC.8013/2023 : In this case the
petitioners have claimed the compensation of Rs.50 lakhs on
the death of deceased in the road traffic accident. It is
specifically contended by the petitioners that deceased working
as tailor and earning Rs.25,000/- p.m. In order to substantiate
the above said fact absolutely no string of evidence is produced
before this Court. It is relevant to rely on a decision of Hon'ble
High Court of Karnataka rendered on Division Bench in the
case of Ananda v/s Arjun and another in
MFA.No.101144/2020 (MV) dated.05.07.2023. Wherein the
Hon'ble High Court of Karnataka has laid down the following
principles in para No.8(b) are as here under :
"(b) The accident is of the year 2017. The
Tribunal has assessed the income of the deceased
at Rs.7,000/- per month as against the claim of
Rs.2,50,000/- per annum. To substantiate the
said claim, the injured claimant has not placed
SCCH-23 16 MVC.8013/2023 to
MVC.8017/2023
any material on record, it is for the Courts and
Tribunals to assess the income notionally. The
notional income fixed by the Karnataka State
Legal Services Authority for the accident of the
year 2017 is Rs.10,250/-. In the absence of any
material produced by the claimant to prove his
income, it is appropriate to assess the notional
income of the injured claimant at Rs.10,250/- per
month, and the same is assessed as the monthly
income of the injured claimant"
As such this court is taking the notional income as prescribed
by the Karnataka Legal Service Authority, Bengaluru. Therefore
in view of the above decision, the accident was occurred in the
year 2023. Therefore, Rs.16,000/- has to be taken into
consideration as monthly income of the deceased.
16. The petitioners have produced the Aadhar card to
show the age of the deceased as per Ex.P18, wherein the date of
birth of deceased is mentioned as 01.01.1979, which indicates
that she was aged (44 years 9 months 12 days) 45 years on the
date of accident. Therefore the appropriate multiplier as per
Sarla Verma's case for the said age group is '14'.
17. As per the decision of Hon'ble Apex Court reported
in 2017 ACJ 2700 (SC) (National Insurance Company
SCCH-23 17 MVC.8013/2023 to
MVC.8017/2023
Limited Vs Pranay Sethi and others), if the person died in
the motor accident, the income with respect to the future
prospect has to taken into consideration while awarding
compensation. The Hon'ble Apex Court has provide the chart for
age of the deceased and percentage for future prospects in
between below the age of 40 years 40%, 40 years to 50 years 25%
and 50 to 60 years 10%. The deceased is not a permanent
Employee and not a fixed salary person and she died at the age of
45 years. Therefore, in this case, 25% income has to be taken
into consideration for future prospects. Further as stated above
that, as on the date of accident, deceased aged about 45 years
and as such, 25% is added to the income of the deceased, then it
comes to Rs.20,000/- p.m. (Rs.16,000/- + 4,000/- i.e. 25%).
18. The deceased died living behind 3 dependents. As per
principle laid down by the Hon'ble Apex Court in Sarala Verma
Case, 1/3rd of her income is required to be deducted towards her
personal expenses which comes to Rs.13,333/- p.m. (Rs.20,000
- Rs.6,667 = Rs.13,333/-).
SCCH-23 18 MVC.8013/2023 to
MVC.8017/2023
19. The income of the deceased is taken as Rs.13,333/-
p.m. and the multiplier '14' is applied, then the loss of
dependency comes to Rs.22,39,944/- (Rs.13,333 X 12 X 14).
Considering the above facts, this Tribunal deems it just and
reasonable to grant for compensation of Rs.22,40,000/- under
the head of loss of dependency.
20. Further, as Law laid down by the Hon'ble Apex Court in
National Insurance Company Limited Vs. Pranay Sethi and
others, the compensation towards loss to estate, funeral expenses
and consortium is to be awarded. The petitioners contended that
they have spent substantial amount towards transportation of
dead body, funeral and obsequies etc., but no documents are
produced. Hence this Tribunal award Rs.18,150/- towards loss
to estate and Rs.18,150/- towards funeral expenses as
enhanced at the rate of 10% on every 3 years and Rs.48,400/-
towards consortium to the petitioner No.1. By applying the
observations made in the aforesaid case, as more than 6 years
elapsed from the date of order amount of consortium, funeral
expense and loss of estate to be enhanced.
SCCH-23 19 MVC.8013/2023 to
MVC.8017/2023
21. In this case, the petitioner No.2 & 3 are the sons
of the deceased and as per the decision reported in (2018)
12 SCC 130 in the case of Magma General Insurance
Company Limited V/s Nanu Ram alias Chuhru Ram and
others, the petitioner No.2 & 3 are entitled for filial
consortium, as the filial consortium is the right of the
parents and children to get compensation in the case of an
accidental death of a children and father /mother as the
case may be. An accident leading to the death of a mother
cause great shock and agony to the children of the
deceased and he lost his love and affection towards his
mother. Therefore, petitioner No. & 3 is entitled for
Rs.40,000/- each under the head of Filial consortium.
22. MEDICAL EXPENSES : 13-Medical bills produced
by PW.1 are marked at Ex.P23. As per that, the claimants
have spent Rs.1,29,458/- towards medical expenses of the
deceased. The said bills have been meticulously examined
and is found to be correct. There is no contra evidence to
disbelieve the genuineness of these bills. Hence a sum of
SCCH-23 20 MVC.8013/2023 to
MVC.8017/2023
Rs.1,29,458/- which is rounded off to Rs.1,29,500/- is
awarded under this head.
23. The calculation table stands as follows :
Compensation heads Compensation
amount
1. Towards loss of dependency Rs.22,40,000/-
2. Towards loss of Consortium to the Rs. 48,400/-
petitioner No.1
3. Towards loss to estate Rs. 18,150/-
4. Towards transportation of dead body Rs. 18,150/-
funeral and obsequies ceremony expenses
5. Towards loss of Filial consortium to Rs. 80,000/-
petitioner No.2 & 3
6. Medical expenses Rs. 1,29,500/-
Total Rs.25,34,200/-
24. ISSUE NO.2 IN MVC.8014/2023 : As per the medical
records the petitioner has sustained the following injuries :
Swelling right leg. It is needless to say that the injury is simple
in nature. The discharge card issued by Lotus Multispeciality
Hospital, Beed, Maharastra indicate that the petitioner was
treated as an inpatient. In the said document the date of
discharge was not mentioned. Therefore he is entitled for
compensation under the following heads :
SCCH-23 21 MVC.8013/2023 to
MVC.8017/2023
25. LOSS OF FUTURE INCOME DUE TO DISABILITY &
LOSS OF INCOME DURING LAID-UP PERIOD : It is the case of
the petitioner that the accidental injuries have caused him
permanent disability. However he has neither examined the
doctor nor produced disability certificate to substantiate the
fact he has become permanently disabled. Under such
circumstances, it cannot be accepted that the petitioner has
suffered permanent disability.
26. Further during the course of his cross-examination the
petitioner himself admitted that " he work as a lineman at KEB.
He further stated that he was getting a salary of Rs.82,000/-
and he was also have a pension after retirement. He stated that
he applied two months leave and on the said months he was
getting salary. He denied the suggestion that he did not take
leave for 2 months, he went to work after being discharged and
he did not need 2 months of leave. It is correct to say that I did
not present any document regarding that". In view of the
decision reported in ILR 2010 KAR 2439, in the case of Sri.
Subash V/s The New India Ass.Co.Ltd and others, 'If the
SCCH-23 22 MVC.8013/2023 to
MVC.8017/2023
claimant has continued in service, then the question of awarding
compensation towards loss of future income does not arise.' The
elicitations brought during the course of cross-examination of
PW.1 also make it clear that he has not suffered any financial
loss during his treatment period. Therefore no compensation is
awarded to the petitioner under the heads of 'Loss of future
income due to disability' and 'loss of income during laid-up
period'.
27. ATTENDANT CHARGES, EXTRA NUTRITIOUS FOOD
& CONVEYANCE CHARGES: The period of hospitalization of
one day is proved. During his stay in the hospital the petitioner
would have incurred expenses towards attendant charges as
some family member of the petitioner would have accompanied
him to the hospital to take his care by leaving their duties.
During the aforesaid period the petitioner might have also spent
a considerable amount towards special diet, transportation and
nutrition. Considering the rate of inflation and rise in the price
index, the same is quantified at Rs.1,200/- per day and a sum
of Rs.1,200/- (1,200 X 1) is awarded under this head.
SCCH-23 23 MVC.8013/2023 to
MVC.8017/2023
28. PAIN & SUFFERINGS: On account of the accidental
injuries the petitioner would have had undergone pain and
mental agony. Thus this Tribunal awards a sum of Rs.50,000/-
under this head.
29. MEDICAL EXPENSES: As per the bills marked at
Ex.P3, the petitioner has spent Rs.89,374/- towards medical
expenses. Nothing worthwhile was elicited during the course of
his cross-examination, so as to doubt the genuineness of these
bills. Hence the petitioner is entitled for Rs.89,374/- which is
rounded off to Rs.89,400/- towards medical expenses.
30. LOSS OF FUTURE AMENITIES AND HAPPINESS:
The disability referred above would have necessarily caused
physical deformity with which the petitioner has to live the rest
of his life. Hence a sum of Rs.50,000/- is awarded under this
head.
31. FUTURE MEDICAL EXPENSES: No evidence is
brought on record to demonstrate the requirement for further
treatment and the medical & incidental expenses to be incurred
SCCH-23 24 MVC.8013/2023 to
MVC.8017/2023
therefrom. In the absence of proof no amount is awarded under
this head.
32. The calculation table stands as follows:
1 Loss of future income due to : - Nil -
disability
2 Loss of income during laid-up : - Nil -
period
3 Attendant charges, extra : 1,200-00
nutritious food & conveyance
charges
4 Pain & sufferings : 50,000-00
5 Medical expenses : 89,400-00
6 Loss of future amenities & : 50,000-00
happiness
7 Future medical expenses : - Nil -
Total 1,90,600-00
33. ISSUE NO.2 (IN MVC-8015/2023) : As per the
medical records the petitioner / PW.2 has sustained the
following injuries : Blunt Truma to abdomen and blunt truma to
chest. It is needless to say that the said injuries are simple in
nature. Ex.P39 Discharge Summary discloses that the
petitioner was taken treatment at at Lotus Multispeciality
Hospital, Beed, Maharastra from 13.10.2023 to 15.10.2023 for
a period of (3 days). Further in the said hospital she took
conservative treatment and was discharged against medical
SCCH-23 25 MVC.8013/2023 to
MVC.8017/2023
advice. Therefore she is entitled for compensation under the
following heads :
34. LOSS OF FUTURE INCOME DUE TO DISABILITY &
LOSS OF INCOME DURING LAID-UP PERIOD : The petitioner
has deposed that she was taking home tutions and earning
Rs.20,000/- p.m, and due to the said accident she lost her
earning capacity and become disabled. In order to prove the
said fact she has not produced any documents before this
Court. However she has neither proved her avocation nor her
earning capacity. However she has neither examined the doctor
nor produced disability certificate to substantiate the fact she
has become permanently disabled. Under such circumstances,
it cannot be accepted that the petitioner has suffered
permanent disability. Though PW.2 deposed in her evidence
affidavit that due to the injuries sustained in the accident she
was unable to continue her avocation and thereby she
sustained loss of income from this accident. So also no iota of
evidence is placed on record to show that she has sustained
loss of income during treatment period. Non-production of the
SCCH-23 26 MVC.8013/2023 to
MVC.8017/2023
any documents in this regard results in drawing of an inference
that she has not suffered any financial loss during the period of
her treatment. Therefore no compensation is awarded to the
petitioner under the heads of 'Loss of future income due to
disability' and 'loss of income during laid-up period'.
35. ATTENDANT CHARGES, EXTRA NUTRITIOUS FOOD
& CONVEYANCE CHARGES: The period of hospitalization of 3
days is proved. During her stay in the hospital the petitioner
would have incurred expenses towards attendant charges as
some family member of the petitioner would have accompanied
her to the hospital to take her care by leaving their duties.
During the aforesaid period the petitioner might have also spent
a considerable amount towards special diet, transportation and
nutrition. Considering the rate of inflation and rise in the price
index, the same is quantified at Rs.1,200/- per day and a sum
of Rs.3,600/- (1,200 X 3) is awarded under this head.
36. PAIN & SUFFERINGS: On account of the accidental
injuries the petitioner would have had undergone pain and
SCCH-23 27 MVC.8013/2023 to
MVC.8017/2023
mental agony. Thus this Tribunal awards a sum of Rs.50,000/-
under this head.
37. MEDICAL EXPENSES: As per the bills marked at
Ex.P41, the petitioner has spent Rs.32,600/- towards medical
expenses. All these bills have been examined with care and are
found to be correct. Moreover he has not been cross examined
by the respondent. Hence the petitioner is entitled for
Rs.32,600/- towards medical expenses.
38. LOSS OF FUTURE AMENITIES AND HAPPINESS:
The disability referred above would have necessarily caused
physical deformity with which the petitioner has to live the rest
of her life. Hence a sum of Rs.40,000/- is awarded under this
head.
39. FUTURE MEDICAL EXPENSES: No evidence is
brought on record to demonstrate the requirement for further
treatment and the medical & incidental expenses to be incurred
therefrom. In the absence of proof no amount is awarded under
this head.
SCCH-23 28 MVC.8013/2023 to
MVC.8017/2023
40. The calculation table stands as follows:
1 Loss of future income due to - Nil -
disability
2 Loss of income during laid-up - Nil -
period
3 Attendant charges, extra nutritious 3,600-00
food & conveyance charges
4 Pain & sufferings 50,000-00
5 Medical expenses 32,600-00
6 Loss of future amenities & 40,000-00
happiness
7 Future medical expenses - Nil -
Total 1,26,200-00
ISSUE NO.2 IN MVC.8016/2023:
41. AGE, AVOCATION AND INCOME : So far as the age
of the petitioner is concerned, he has not produced any
documents to show his age. Hence the age of the petitioner as
indicated in the police and medical records i.e., 49 years is
taken into consideration. No documents have been produced to
establish the avocation and income of the petitioner as alleged
in his evidence affidavit. In the absence of evidence of income,
this court is taking the notional income as prescribed by the
Karnataka Legal Service Authority, Bengaluru. Therefore in view
of the above decision, the accident was occurred in the year
SCCH-23 29 MVC.8013/2023 to
MVC.8017/2023
2023. Therefore, Rs.16,000/- has to be taken into consideration
as monthly income of the petitioner.
42. As per the medical records the petitioner has
sustained the following injuries : (i) Fracture both bones of
right forearm. It is needless to say that the injury is grievous in
nature. As per the 3-discharge summaries marked at Ex.P.52 to
54, wherein the petitioner took treatment as an inpatient at the
below mentioned hospitals:
Hospital names From - to Total days
1) Lotus Multispeciality 13.10.2023 to 1
Hospital Beed 13.10.2023
2) Jayanagar Orthopedic 14.10.2023 to 6
Centre 19.10.2023
3) Jayanagar Orthopedic 26.10.2023 to 2
Centre 27.10.2023
Total 9
During the course of treatment petitioner undergone surgeries
in the form of : 1) ORIF with plating with bone grafting for
radius fracture (2) ORIF with DCP for right ulnar shaft fracture.
43. It is the specific case of the petitioner that owing to the
accidental injuries he has become disabled and has thereby lost
SCCH-23 30 MVC.8013/2023 to
MVC.8017/2023
his earning capacity. Therefore he got examined Dr.S.A.
Somashekara as PW.5 who stated that on clinical examination
conducted by him, he found that petitioner has sustained total
residual physical disability of 33% to the right upper limb and
17% disability to the whole body. During the course of cross
examination PW.5 admitted that he was not treated the
petitioner and he has seen the wound certificate and discharge
summaries. He stated that the petitioner suffered fracture of
both bones right forearm and he underwent surgery for both
bones radius and ulna. The doctor stated that the the above
said fractures will be united in four months. Further at the
time of discharge the patient condition was satisfied. He stated
that the fracture is not comminuted fracture. He stated that as
per wound certificate and discharge summary there was no
weakness in the limb, and the difficulty of percentage
mentioned in the co.ordinate activities does not arise. Since the
fracture is united, outer wounds healed, he could do the work
with some difficulty. However from the careful examination of
the medical records, it is seen that PW.5 has assessed the
SCCH-23 31 MVC.8013/2023 to
MVC.8017/2023
disability on the higher side. Be that as it may, the law is well
settled that it is the impact of the physical disability on the
particular avocation of the petitioner which is relevant for the
purpose of assessment of compensation under the head of loss
of future income as held by the Hon'ble Apex Court in
Rajkumar's case reported in (2011) 1 SCC 343. When such is
the case with a injuries sustained by the petitioner he cannot
do his work effectively, as such his efficiency in work will
decrease and it indirectly affect his income. Considering the
nature of injuries, line of treatment and on appreciation of the
clinical findings noted by the doctor, the possibility of the fact
that the petitioner may be having economical or functional
disability to the extent of 8%, cannot be ruled out. Therefore, I
consider the functional disability of the petitioner at 8%.
44. ATTENDANT CHARGES, EXTRA NUTRITIOUS FOOD
& CONVEYANCE CHARGES: The period of hospitalization of 9
days is proved. During his stay in the hospital the petitioner
would have incurred expenses towards attendant charges as
some family member of the petitioner would have accompanied
SCCH-23 32 MVC.8013/2023 to
MVC.8017/2023
him to the hospital to take his care by leaving their duties.
During the aforesaid period the petitioner might have also spent
a considerable amount towards special diet, transportation and
nutrition. Considering the rate of inflation and rise in the price
index, the same is quantified at Rs.1,200/- per day and a sum
of Rs.10,800/- (1,200 X 9) is awarded under this head.
45. PAIN & SUFFERINGS : On account of the accidental
injuries the petitioner would have had undergone pain and
mental agony. Having regard to the injuries suffered by the
petitioner and such other attending circumstances. Thus this
Tribunal awards a sum of Rs.60,000/- under this head.
46. LOSS OF INCOME DURING LAID-UP PERIOD:
Considering the nature of injuries, treatment given and
duration of his stay in the hospital, it is quite natural that
petitioner could not have carried out his avocation for at least 4
months. Thus by taking into account the notional income of the
petitioner, this Tribunal awards a sum of Rs.64,000/- (16,000
X 4) under this head.
SCCH-23 33 MVC.8013/2023 to
MVC.8017/2023
47. MEDICAL EXPENSES : As per the bills marked at
Ex.P46, the petitioner has spent Rs.1,16,809/- and Ex.P.55 for
Rs.3,043/- towards medical expenses. All these bills have been
examined with care and are found to be correct. Moreover he
has not been cross examined by the respondent. Hence the
petitioner is entitled for Rs.1,19,843/- which is rounded off to
Rs.1,19,900/- towards medical expenses.
48. LOSS OF FUTURE INCOME DUE TO DISABILITY:
As per Sarla Verma's case, the appropriate multiplier applicable
is '13'. This Tribunal has already assessed the notional income
of the petitioner at Rs.16,000/- p.m. Hence a sum of
Rs.1,99,680/- (Rs.16,000 X 12 X 13 X 8/100) which is rounded
off to Rs.1,99,700/- is awarded under this head.
49. LOSS OF FUTURE AMENITIES AND HAPPINESS:
The disability referred above would have necessarily caused
physical deformity with which the petitioner has to live the rest
of his life. Hence a sum of Rs.50,000/- is awarded under this
head.
SCCH-23 34 MVC.8013/2023 to
MVC.8017/2023
50. FUTURE MEDICAL EXPENSES AND OTHER
INCIDENTAL EXPENSES : The doctor witness stated that the
petitioner has to undergo one more surgery for removal of
implants for which he may require Rs.40,000/- in private set-
up. No estimation is produced to show the future medical
expenses. But undisputedly petitioner has to undergo surgery
for removal of implants, for which she has to necessarily bear
certain expenses. Thus she is entitled to Rs.30,000/- towards
future medical and other incidental expenses.
51. The calculation table stands as follows :
1 Attendant charges, extra nutritious 10,800-00
food & conveyance charges
2 Pain & sufferings 60,000-00
3 Loss of income during laid-up 64,000-00
period
4 Medical expenses 1,19,900-00
5 Loss of future income due to 1,99,700-00
disability
6 Loss of future amenities & 50,000-00
happiness
7 Future medical and other 30,000-00
incidental expenses
Total 5,34,400-00
ISSUE NO.2 IN MVC.8017/2023:
SCCH-23 35 MVC.8013/2023 to
MVC.8017/2023
52. AGE, AVOCATION AND INCOME : The petitioner
/PW.4 has exhibited her Aadhar card at Ex.P49, wherein her
date of birth is reflected as 01.01.1980. This indicates that he
was aged (43 years 9 months 12 days) 44 years on the date of
accident. No documents have been produced to establish the
avocation and income of the petitioner as alleged in her
evidence affidavit. As such this court is taking the notional
income as prescribed by the Karnataka Legal Service Authority,
Bengaluru. Therefore in view of the above decision, the accident
was occurred in the year 2023. Therefore, Rs.16,000/- has to
be taken into consideration as monthly income of the petitioner.
53. As per the medical records the petitioner has
sustained the following injuries : (i) Fracture dislocation of
left hip and closed fracture distal end radius right. It is
needless to say that the injury is simple in nature. As per the 3-
discharge summaries marked at Ex.P.56 to 58, wherein the
petitioner took treatment as an inpatient at the below
mentioned hospitals:
Hospital names From - to Total days
SCCH-23 36 MVC.8013/2023 to
MVC.8017/2023
1) Lotus Multispeciality 13.10.2023 to 1
Hospital Beed 13.10.2023
2) Jayanagar Orthopedic 14.10.2023 to 4
Centre 17.10.2023
3) Jayanagar Orthopedic 28.11.2023 to 1
Centre 28.11.2023
Total 6
During the course of treatment petitioner undergone surgeries
in the form of : 1) Closed reduction of hip dislocation + closed
reduction with K-wire fixation of fracture radius (R) (2) K-wires
removal done.
54. It is the specific case of the petitioner that owing to the
accidental injuries he has become disabled and has thereby lost
his earning capacity. Therefore he got examined Dr.S.A.
Somashekara as PW.5 who stated that on clinical examination
conducted by him, he found that petitioner has sustained total
residual physical disability of 36% to the right upper and left
lower limb and 17% disability to the whole body. During the
course of cross examination PW.5 admitted that he was not
treated the petitioner and he has seen the wound certificate and
discharge summaries. He stated that there was no dislocation
SCCH-23 37 MVC.8013/2023 to
MVC.8017/2023
in hip and it was in normal condition. He admitted that the
petitioner sustained radius fracture and it is undisplaced
fracture. He stated that only K-wire fixed and close reduction
was done. He stated that fractures was united around 6 weeks
and after united the fracture then only K-wire will be removed.
In the discharge summary no where mentioned about
treatment given to the hip. Further as per Ex.P.58, there is no
complications mentioned to the forearm. He volunteers that the
fractures are simple fracture and she can do her day-to-day
activities with difficulty. However from the careful examination
of the medical records, it is seen that PW.5 has assessed the
disability on the higher side. Be that as it may, the law is well
settled that it is the impact of the physical disability on the
particular avocation of the petitioner which is relevant for the
purpose of assessment of compensation under the head of loss
of future income as held by the Hon'ble Apex Court in
Rajkumar's case reported in (2011) 1 SCC 343. When such is
the case with a injuries sustained by the petitioner she cannot
do her work effectively, as such his efficiency in work will
SCCH-23 38 MVC.8013/2023 to
MVC.8017/2023
decrease and it indirectly affect his income. Considering the
nature of injuries, line of treatment and on appreciation of the
clinical findings noted by the doctor, the possibility of the fact
that the petitioner may be having economical or functional
disability to the extent of 7%, cannot be ruled out. Therefore, I
consider the functional disability of the petitioner at 7%.
55. ATTENDANT CHARGES, EXTRA NUTRITIOUS FOOD
& CONVEYANCE CHARGES: The period of hospitalization of 6
days is proved. During her stay in the hospital the petitioner
would have incurred expenses towards attendant charges as
some family member of the petitioner would have accompanied
her to the hospital to take her care by leaving their duties.
During the aforesaid period the petitioner might have also spent
a considerable amount towards special diet, transportation and
nutrition. Considering the rate of inflation and rise in the price
index, the same is quantified at Rs.1,200/- per day and a sum
of Rs.7,200/- (1,200 X 6) is awarded under this head.
56. PAIN & SUFFERINGS : On account of the accidental
injuries the petitioner would have had undergone pain and
SCCH-23 39 MVC.8013/2023 to
MVC.8017/2023
mental agony. Having regard to the injuries suffered by the
petitioner and such other attending circumstances. Thus this
Tribunal awards a sum of Rs.60,000/- under this head.
57. LOSS OF INCOME DURING LAID-UP PERIOD:
Considering the nature of injuries, treatment given and
duration of her stay in the hospital, it is quite natural that
petitioner could not have carried out her avocation for at least 3
months. Thus by taking into account the notional income of the
petitioner, this Tribunal awards a sum of Rs.48,000/- (16,000
X 3) under this head.
58. MEDICAL EXPENSES : As per the bills marked at
Ex.P22, the petitioner has spent Rs.1,23,875/- and Rs.12,520/-
towards medical expenses. All these bills have been examined
with care and are found to be correct. Moreover he has not been
cross examined by the respondent. Hence the petitioner is
entitled for Rs.1,36,395/- which is rounded off to
Rs.1,36,400/- towards medical expenses.
59. LOSS OF FUTURE INCOME DUE TO DISABILITY:
As per Sarla Verma's case, the appropriate multiplier applicable
SCCH-23 40 MVC.8013/2023 to
MVC.8017/2023
is '14'. This Tribunal has already assessed the notional income
of the petitioner at Rs.16,000/- p.m. Hence a sum of
Rs.1,88,160/- (Rs.16,000 X 12 X 14 X 7/100) which is rounded
off to Rs.1,88,200/- is awarded under this head.
60. LOSS OF FUTURE AMENITIES AND HAPPINESS:
The disability referred above would have necessarily caused
physical deformity with which the petitioner has to live the rest
of her life. Hence a sum of Rs.50,000/- is awarded under this
head.
61. FUTURE MEDICAL EXPENSES AND OTHER
INCIDENTAL EXPENSES :No evidence is brought on record to
demonstrate the requirement for further treatment and the
medical & incidental expenses to be incurred therefrom. In the
absence of proof no amount is awarded under this head.
62. The calculation table stands as follows :
1 Attendant charges, extra : 7,200-00
nutritious food & conveyance
charges
2 Pain & sufferings : 60,000-00
3 Loss of income during laid-up : 48,000-00
period
4 Medical expenses : 1,36,400-00
SCCH-23 41 MVC.8013/2023 to
MVC.8017/2023
5 Loss of future income due to : 1,88,200-00
disability
6 Loss of future amenities & : 50,000-00
happiness
7 Future medical and other : - Nil -
incidental expenses
Total 4,89,800-00
63. REGARDING INTEREST & LIABILITY: Having regard
to the nature of the claim and current bank rate of interest, this
Tribunal is of the view that if interest at the rate of 6% per
annum is awarded it would meet the ends of justice.
64. There is no dispute with regard to the issuance of
insurance policy and its validity as on the date of accident.
Therefore, the respondent No.1 & 2 being the owner and insurer
of Traveller Maxi Cab/Mini bus bearing No.KA-02-AF-7509
thereof are jointly and severally liable to pay the aforesaid
award amount to the petitioner together with interest @ 6% p.a
from the date of claim petition till realization of the entire
amount. However the respondent No.2 being the insurer is
primarily liable to satisfy the award amount together with
interest within two months from the date of this order. With this
SCCH-23 42 MVC.8013/2023 to
MVC.8017/2023
observation, issue No.2 in MVC.8014/2023 to MVC.8017/2023
and Issue No.3 in MVC.8013/2023 is answered as 'Partly in
the Affirmative'.
65. ISSUE NO.3 in MVC.8014/2023 to MVC.8017/2024
and ISSUE No.4 in MVC.8014/2023 : In view of the
discussion made supra, this Tribunal proceeds to pass the
following :
ORDER
The petitions filed under Section 166 of M.V.Act 1988, are hereby partly allowed with costs in the following terms :
The petitioners in MVC.8013/2023 are entitled for compensation of Rs.25,34,200/- with interest at the rate of 6% p.a. from the date of claim petition till realization of the entire award amount.
On deposit of the award amount together with interest, the claimants are entitled for the compensation amount by way of apportionment as follows :
Petitioner No.1 - 40% Petitioner No.2 - 30% Petitioner No.2 - 30% SCCH-23 43 MVC.8013/2023 to MVC.8017/2023 Out of the share amount of Petitioner No.1 to 3 a sum equal to 30% shall be deposited in their names name in any Nationalized or Scheduled Bank of their choice for a period of 3 years and the remaining 70% shall be released to them through E-
payment on proper identification and verification. However the said petitioners are at liberty to withdraw the periodical interest accrued on their deposit amount from time to time.
The petitioner in MVC No.8014/2023 is entitled for compensation of Rs.1,90,600/- with interest at the rate of 6% p.a. from the date of claim petition till realization of the entire award amount.
The petitioner in MVC No.8015/2023 is entitled for compensation of Rs.1,26,200/- with interest at the rate of 6% p.a. from the date of claim petition till realization of the entire award amount.
After deposit, the entire compensation amount together with interest shall be released to the petitioners in MVC.8014/2023 and MVC.8015/2023 through E-payment on proper identification and verification.
The petitioners in MVC No.8016/2023 is entitled for compensation of Rs.5,34,400/- with SCCH-23 44 MVC.8013/2023 to MVC.8017/2023 interest at the rate of 6% p.a. from the date of claim petition till realization of the entire award amount.
The petitioners in MVC No.8017/2023 is entitled for compensation of Rs.4,89,800/- with interest at the rate of 6% p.a. from the date of claim petition till realization of the entire award amount.
Out of the above said compensation amount awarded to the petitioners in MVC No.8016/2023 and MVC.8017/2023, 80% of the award amount with accrued interest shall be paid to them through NEFT/RTGS by way of E-payment on proper identification and due verification and further 20% of the award amount shall be kept in FD in favour of respective petitioners in any Nationalized or Scheduled bank for a period of 3 years.
The respondent No.2 is liable to pay and directed to deposit the compensation amount within a period of one month from the date of award.
Advocate fee is fixed at Rs.1,000/- in each case. The original judgment shall be kept in MVC No.8013/2023 and copies thereof shall be maintained in MVC No.8014/2023 to 8017/2023 for reference.
Draw an award accordingly in all the petitions.
SCCH-23 45 MVC.8013/2023 toMVC.8017/2023 (Dictated to the Stenographer directly on computer and printout taken by her, then corrected and pronounced by me in the open court on this the 14th day of October-2025) (Shreyansh Doddamani) XXI Addl. Small Causes Judge & ACJM, Bengaluru.
ANNEXURES List of witnesses examined for the petitioner/s:
P.W.1 Sri. Venkatesha P.W.2 Smt. Shirisha. R P.W.3 Sri. Hanumantha Reddy P.W.4 Smt. Ramadevi P.W.5 Dr. S.A.Somashekar (in MVC.8016/23 and 8017/2023)
List of documents got marked for the petitioner/s:
Ex.P.1 Certified copy of FIR which is in Marathi Language and the translated version is marked as Ex.P1(a) Ex.P.2 Certified copy of Complaint which is in Marathi Language and the translated version is marked as Ex.P2(a) Ex.P.3 Certified copy of Further statement which is in Marathi Language and the translated version is marked as Ex.P3(a) Ex.P.4 Certified copy of Crime Details Form which is in Marathi Language and the translated version is marked as Ex.P4(a) Ex.P.5 Certified copy of Certificate of Injuries Ex.P.6 Certified copy of MLC Police Intimation Ex.P.7 Certified copy of MLC Information which is in SCCH-23 46 MVC.8013/2023 to MVC.8017/2023 Marathi Language and the translated version is marked as Ex.P7(a) Ex.P.8 Certified copy of MLC Information which is in Marathi Language and the translated version is marked as Ex.P8(a) Ex.P.9 Certified copy of Inquest Mahazar Ex.P.10 Certified copy of Death Certificate Ex.P.11 Certified copy of Charge Sheet which is in Marathi Language and the translated version is marked as Ex.P11(a) Ex.P.12 Certified copy of 6 Witnesses statements which is in to 16 Marathi Language and the translated version is marked as Ex.P12(a) to 16(a) Ex.P.17 Discharge summary in MVC 8013/2023 Ex.P.18 Notarized copy of the Aadhaar card of deceased in MVC 8013/2023 Ex.P.19 Notarized copy of the Aadhaar card of petitioner No.1 in MVC 8013/2023 Ex.P.20 Notarized copy of the Aadhaar card of petitioner No.2 in MVC 8013/2023 ( Ex.P.21 Notarized copy of Ration card in MVC 8013/2023 Ex.P.22 Ambulance bill which is in Marathi Language marked subject to production of translation copy Ex.P.22 Translation copy of Ex.P.22 (A) Ex.P.23 13 Medical bills for Rs.1,29,458/-
Ex.P.24 1 Advance receipt Ex.P.25 1 Prescription Ex.P.26 19 Scan and Lab reports Ex.P.27 X-ray films (4 in Nos.) SCCH-23 47 MVC.8013/2023 to MVC.8017/2023 Ex.P.28 Certified copy of Certificate of Injury in MVC 8014/2023 Ex.P.29 Discharge card in MVC 8014/2023 Ex.P.30 Notarized copy of the Aadhaar card of petitioner in MVC 8014/2023 Ex.P.31 Notarized copy of Employment ID card in MVC 8014/2023 Ex.P.32 Ambulance bill in MVC 8014/2023 Ex.P.32 Translation copy of Ex.P.32 (A) Ex.P.33 46 Medical bills of Rs.89,374/- in MVC 8014/2023 Ex.P.34 1 Receipt in MVC 8014/2023 Ex.P.35 Prescription (5 in Nos.) in MVC 8014/2023 Ex.P.36 7 Lab reports in MVC 8014/2023 Ex.P.37 X-ray film (12 in Nos.) in MVC 8014/2023 Ex.P.37 Certified copy of PM Report in MVC 8013/2023 (A) Ex.P.38 Certified copy of Certificate of injuries in MVC 8015/2023 Ex.P.39 Discharge summary in MVC 8015/2023 Ex.P.40 Notarized copy of the Aadhaar card of petitioner in MVC 8015/2023 Ex.P.41 10 Medical bills of Rs.32,600/- in MVC 8015/2023 Ex.P.42 Prescriptions (5 in Nos.) in MVC 8015/2023 Ex.P.43 16 Scan and Lab reports in MVC 8015/2023 Ex.P.44 X-ray film (2 in Nos.) in MVC 8015/2023 Ex.P.45 Certified copy of Certificate of Injuries in MVC 8016/2023 Ex.P.46 20 Medical bills of Rs.1,16,809/- in MVC SCCH-23 48 MVC.8013/2023 to MVC.8017/2023 8016/2023 Ex.P.47 Advance bills (3 in Nos.) in MVC 8016/2023 Ex.P.48 Certified copy of Certificate of Injuries in MVC 8017/2023 Ex.P.49 Notarized copy of the Aadhaar card of petitioner in MVC 8017/2023 (verified along with original, found correct and original is returned to the witness) Ex.P.50 22 Medical Bills of Rs.1,23,875/- in MVC 8017/2023 Ex.P.51 Advance voucher in MVC 8017/2023 Ex.P.52 Discharge card of Lotus Multi Specilty Hospital Ex.P.53 Discharge summary of Jayanagar Orthopeadic Centre Ex.P.54 Discharge summary of Jayanagar Orthopeadic Centre Ex.P.55 3 Medical bills Ex.P.56 Discharge Card of Lotus Multi Specialty Hospital Ex.P.57 Discharge summary of Jayanagar Orthopeadic Centre Ex.P.58 Discharge summary of Jayanagar Orthopeadic Centre Ex.P.59 3 Medical bills Ex.P.60 OP record of Hanumantha Reddy Ex.P.61 X-ray film of Hanumantha Reddy Ex.P.62 OP record of Ramadevi Ex.P.63 X-ray film of Ramadevi List of witnesses examined for the respondent/s:
RW.1 Sri. Himendra Kartantik Simha. M.N SCCH-23 49 MVC.8013/2023 to MVC.8017/2023 RW.2 Sri,. Dayananda \ List of documents marked for the respondent/s:
Ex.R.1 Authorization letter Ex.R.2 True copy of insurance policy Ex.R.3 Notarized copy of DL of Vedamurthy Ex.R.4 Tourist Permit Ex.R.5 Certificate of fitness (Shreyansh Doddamani) XXI Addl. Small Causes Judge & ACJM, Bengaluru.