Bangalore District Court
Rama Krishna vs Hdfc Ergo General Ins Co Ltd on 23 October, 2024
KABC020160532023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 23rd DAY OF OCTOBER, 2024
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.3534/2023
PETITIONER: Ramakrishna,
S/o. Eerappa,
Aged 47 years,
R/at No.733, Rajani farm road,
Near Shanimahathma temple,
Rajagopalnagar, Laggere ,
Peenya Small Scale Industries,
Bengaluru- 560 058.
(By Sri. Suresh E., Advocate )
-Vs-
RESPONDENTS:1. HDFC Ergo General Insurance Co.Ltd.,
TP Hub, No.32, Ground Floor,
ACR Tower, Residency Road,
Opposite to SBI Bank, Ashoknagar,
Bengaluru-560 025.
(In policy No.2302 1012 9649 0800 000
Date of validity from
12.11.2022 to 11.11.2023.
SCCH-1 2 MVC No.3534/2023
(By Sri Kiran Pujar, Advocate )
2. Mr.K.M.Abdul Khader Haji,
S/o. Mohammed Kunjar,
R/at No.D1005, 10th floor,
KHB platinum Apartments,
K.S.Town, Kengeri,
Bengaluru-560 060.
(Absent)
*******
JUDGMENT
Petitioner asserting to be an injured suffered in a RTA filed petition under Section 166 of M.V.Act claiming compensation worth of Rs.25,00,000/- from the respondents who are the insurer and owner of car bearing No.KA-05-MZ-9007 , asserting that on 04.05.2023 at 5.00 p.m. when riding scooter bearing No.KA-02-JS-3550 on T.Chowdaiah road , near LRDE junction , Bengaluru, driver of car bearing No.KA-05-MZ-9007 drove the same negligently, dashed the same to the scooter, thereby caused the accident , caused injuries to the petitioner.
2. Petitioner took treatment at Mallige Medical Center, Bengaluru , Tirumala hospital , Bengaluru by spending Rs.5,00,000/-, as on the date of accident SCCH-1 3 MVC No.3534/2023 petitioner being aged 47 years, used to earn Rs.30,000/p.m. by working as bar bender.
3. Regarding accident High Grounds Traffic police registered crime No.58/2023 against the driver of the car bearing No.KA-05-MZ-9007.
4. In response to the notice, respondent No.1 insurance company appeared through his Advocate, filed written statement denying the allegation regarding reason, mode of accident, nature and consequence of the injuries suffered by the petitioner .
5. Inspite of service of notice , respondent No.2 owner of the car remained absent.
6. On the basis of the pleadings on 18.04.2024 , this Authority has framed the following issues :
1. Whether the petitioner proves that on 04.05.2023 at about 5.00 p.m. near LRDE junction, T.Chowdaiah Road, Bengaluru, he met with an accident and sustained injuries, was due to actionable negligence act on the part of the driver of the car bearing registration No.KA-05-MZ-9007 as alleged?
2. Whether the petitioner is entitled to compensation ? If so, how much and from whom ?SCCH-1 4 MVC No.3534/2023
3. What order ?
7. On 20.03.2024, 18.04.2024, petitioner deposed as PW1 and produced 11 documents at Ex.P.1 to P.11, on 14.06.2024, 25.06.2024 petitioner produced the evidence of Dr.Nagaraj B.N. as PW2 and get produced 2 documents at Ex.P.12 and P.13.
8. Learned Advocate appearing for the petitioner filed notes of arguments.
9. I heard the arguments submitted on behalf of both the contesting parties and perused the records.
10. On the basis of the record, my findings on the above issues and additional issue are as under:
Issue No.1 ... In the affirmative Issue No.2 ... Petitioner is entitle to receive Rs.5,32,900/-
with current and future interest at 6% p.a. from the respondents as compensation. Issue No.3 ... As per final order for the following:-
REASONS
11. Issue No.1 :- In the evidence petitioner stated that on 04.05.2023 at 5.00 p.m. when riding scooter SCCH-1 5 MVC No.3534/2023 bearing No.KA-02-JS-3550 on T.Chowdaiah road , near LRDE junction , Bengaluru, driver of car bearing No.KA- 05-MZ-9007 drove the same negligently, dashed the same to the hind part of the scooter, thereby caused the accident , caused injuries to the petitioner.
12. In the written statement respondent No.2 insurance company denied the allegation regarding reason and mode of the accident.
13. In the cross-examination petitioner denied the suggestion that place of accident is a junction 4 roads and stated that on the date of accident he was riding the motorcycle/scooter on the Chowdaiah road. Petitioner denied the suggestion that sketch is not tallying with the evidence deposed by him regarding the accident. Petitioner denied the suggestion that he dashed the scooter to the left part of the car. Petitioner stated that the police have visited Mallige hospital and recorded his statement.
14. In the evidence affidavit PW2 Dr. B.N.Nagaraj stated nothing regarding reason and mode of accident.
15. Ex.P.1 and 2 are the copy of the FIR, statement of the petitioner pertaining to crime No.58/2023 registered by SCCH-1 6 MVC No.3534/2023 High Grounds Traffic police on 04.05.2023 against Abdul Basheer , driver of car bearing No.KA-05-MZ-9007 for having committed offence punishable under Section 279,337 of IPC regarding the accident taken place between scooter bearing No.KA-02-JS-3550 and car bearing No.KA- 05-MZ-9007 resulting in injuries to the petitioner on the basis of the statement of the petitioner recorded at Mallige Medical Center. Ex.P.3 is the copy of the wound certificate in which reason for the injuries are noted as RTA. Ex.P.4 is the copy of the chargesheet filed by High Grounds Traffic police in crime No.58/2023 against Abdul Basheer , S/o. Abdul Khader , driver of car bearing No.KA-05-MZ-9007 for having committed offence punishable under Section 279 and 338 of IPC . Ex.P.5 is the copy of the spot mahazar recorded on 05.05.2023. Ex.P.6 is the copy of the sketch of the place of accident. Ex.P.7 is the copy of the Motor Vehicle Accident report dated 05.05.2023 in which damage noticed by Motor Vehicle Inspector in the car bearing No.KA-05-MZ-9007 and scooter bearing No.KA-02-JS-3550 are mentioned.
SCCH-1 7 MVC No.3534/2023
16. In this case, respondents have not produced any type of evidence to disbelieve or rebut the evidence placed by the petitioner regarding reason, mode and consequence of the accident. Hence, I have concluded that on 04.05.2023 at 5.00 p.m. when petitioner was riding scooter bearing No.KA-02-JS-3550 on T.Chowdaiah road , near LRDE junction , Bengaluru, Abdul Basheer , S/o. Abdul Khader negligently drove the car bearing No.KA-05-MZ- 9007, dashed the same to the rear part of the scooter, thereby caused the accident , caused injuries to the petitioner. Hence, I answer issue No.1 in the affirmative.
17. Issue No.2: In the evidence petitioner stated that in the accident he has suffered comminuted fracture of left proximal tibia with hepertension and hypertensive retinopathy with psoriasis , valgarisand both tibia and fibula fractures left leg and abrasion all over the body, took treatment at Mallige Medical Center , then took treatment at ESI hospital for a period of one month, then took treatment at Tirumala hospital, , Peenya , Bengaluru by spending approximately Rs.2,00,000/-. The petitioner SCCH-1 8 MVC No.3534/2023 stated that as on the date of accident used to earn Rs.30,000/- by working as bar bender.
18. In the written statement, respondent No.1 insurance company denied the allegation regarding nature and consequence of the injuries suffered by the petitioner.
19. In the cross-examination, petitioner stated that in ESI hospital underwent surgery and stated about non- production of medical bills pertaining to treatment taken at ESI hospital. Petitioner stated that after 6 months of the accident admitted to Tirumala hospital for corrective surgery. Petitioner denied the suggestion that about creation of the medical bills at Ex.P.9 for the purpose of this case. Petitioner stated about non-production of the documents regarding his occupation and income. Petitioner admitted the suggestion that his date of birth is 10.10.1976.
20. In the evidence affidavit PW2 Dr.Nagaraj B.N. stated that on 30.04.2024 when clinically examined the petitioner noticed that the petitioner suffered permanent physical disability to the left lower limb at 40% and 13% to whole body.
SCCH-1 9 MVC No.3534/2023
21. In the cross-examination PW2 submitted that he never treated the petitioner , he has not collected any opinion from the doctors who treated the petitioner. PW2 stated that on 30.04.2024 he has not issued estimation for future treatment.
22. Wound certificate , discharge summary , medical bills, photos shows that in the accident petitioner suffered comminuted fracture of left tibia, undisplaced fracture of proximal fibula left, abrasion over left ankle , tenderness over the left knee , took first aid at Mallige Medical Center , then took treatment at ESI hospital from 04.05.2023 to 19.05.2023, then took treatment at Thirumala hospital, Peenya, Bengaluru from 15.11.2023 to 21.11.2023 by spending Rs.53,100/- . In the photos the deformities in both lower limbs of the petitioner are visible.
23. In the xerox copy of the aadhar card date of birth of the petitioner is noted as 10.10.1976. In the file there are no documents regarding occupation and income of the petitioner. Considering the status of the petitioner (deformities) in the lower limbs as visible in the photos occupation of the petitioner as on the date of accident , SCCH-1 10 MVC No.3534/2023 I have calculated the loss of future income presuming that in view of the injuries suffered in the accident, inspite of better treatment, petitioner suffered functional disability at 10% to whole body in the following terms.
Age of the petitioner as on the date of accident - 47 years Monthly income of PW1- Rs.15,500/-
10% towards permanent functional disability - Rs.1550/-
Loss of future income - Rs.2,41,800/-
(Rs.1,550 x 12 x 13 )
24. Hence, I award Rs.80,000/- towards pain and sufferings, Rs.53,100/- towards treatment charges, Rs.15,000/- towards attendant , conveyance, nourishment charges, Rs.93,000/- (Rs.15,500x6) towards loss of income during treatment period, Rs.2,41,800/- towards future loss of income, Rs.50,000/- towards loss of amenities and future unhappiness.
25. Hence, I came to the conclusion that the petitioner is entitle for Rs.5,32,900/- with current and future SCCH-1 11 MVC No.3534/2023 interest at the rate of 6% p.a. from the respondents as compensation.
26. In the written statement , respondent No.1 insurance company admitted the subsistence of the policy with respect to the car bearing No.KA-05-MZ-9007 as on the date of accident . In the file there are no evidence to show that as on the date of accident respondent No.2 owner of the car has contravened any terms of the policy. Hence, I came to the conclusion that the respondents being the insurer and owner of the car bearing No.KA-05-MZ- 9007 are liable to pay compensation and an award is to be passed directing the respondents to pay compensation to the petitioner. Hence, I answer issue No.2 accordingly and pass the following :
ORDER The petition filed under Section 166 of IMV Act is partly allowed.
The respondents shall either jointly or severally pay Rs.5,32,900/- with current and future interest at the rate of 6% p.a., to petitioner towards compensation. SCCH-1 12 MVC No.3534/2023 The respondent No.1, being the Insurer of the car bearing No.KA-05-MZ-9007 shall deposit the compensation amount with interest within 3 months from today.
After deposit of the compensation amount, entire compensation amount and interest may be released to the petitioner by crediting the same to his bank account directly.
Advocate's fee is fixed at Rs.1,000/- . 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 23rd day of October, 2024) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
ANNEXURES Witnesses examined on behalf of the petitioners:
P.W.1 : Ramakrishna. dt. 20.03.2024, 18.04.2024 P.W.2 : Dr.Nagaraj B.N. dt. 14.06.2024, 25.06.2024 SCCH-1 13 MVC No.3534/2023 Documents marked on behalf of the petitioners:
Ex.P-1 Certified copy of FIR Ex.P-2 Certified copy of complaint Ex.P.3 Certified copy of wound certificate Ex.P.4 Certified copy of chargesheet Ex.P.5 Certified copy of spot panchanama Ex.P.6 Certified copy of spot sketch Ex.P.7 Certified copy of IMV report Ex.P.8 Discharge summaries (2) Ex.P.9 Medical bill (1) Ex.P.10 X-rays (2) Ex.P.11 Photographs (2) Ex.P.12 Clinical report Ex.P.13 X-ray
Witnesses examined on behalf of the respondents :
-Nil-
Documents marked on behalf of the respondents:
-Nil-
(J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.