Bangalore District Court
Dr. Karthik Rao Ajjampur vs B.M.T.C on 5 August, 2024
KABC020186742022
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 5th DAY OF AUGUST, 2024
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.3306/2022
PETITIONER: Dr.Karthik Rao Ajjampur,
S/o. Dr.Subba Rao,
Aged about 44 years,
Door No.51, 7th Main, 8th cross,
Malleswaram,
Bangalore -560 003.
(By Sri. S.B.N. Prakash, Advocate)
-Vs-
RESPONDENT:1. Managing Director,
Bangalore Mahanagara Transport
Corporation,
Shanthinagar,
Bangalore -560 027.
(By Sri Jagadish G.S., Advocate)
*******
SCCH-1 2 MVC No.3306/2022
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.20,00,000/- from the respondent, who is the owner of the BMTC bus bearing No.KA-01-F-4807 alleging that on 09.04.2019 at about 6.25 p.m. subsequent to Hulimavu bus stop, while alighting from BMTC bus bearing No.KA-01-F-4807 , driver of the bus negligently operated the hydrolic door of the bus, made the petitioner to struck in the door , dragged the petitioner to some distance, thereby caused the accident, caused injuries to the petitioner, petitioner took treatment at Columbia Asia Hospital , Vijayashree hospital, Theresa hospital , Victoria hospital, Bengaluru, as on the date of accident petitioner being Doctor used to earn Rs.15,000/p.m., regarding the accident Hulimavu police registered the case.
2. In response to the notice, respondent owner of the BMTC bus appeared through his Advocate filed written statement denying the allegation regarding reason, mode SCCH-1 3 MVC No.3306/2022 and consequence of the incident , age, occupation and income of the petitioner.
3. On the basis of the pleadings on 10.03.2023, this Authority has framed the following issues:
1. Whether the petitioner proves that on 09.04.2019 at about 6.25 p.m. in bus stop, next to Hulimavu Traffic police station, Gottigere, Bengaluru, he met with an accident and sustained injuries, was due to actionable negligence act on the part of the driver of the BMTC bus bearing No.KA-01-F-4807 as alleged?
2. Whether the petitioner is entitled to compensation ? If so, how much and from whom?
3. What order?
4. On 29.03.2023, 29.05.2023, 17.07.2023, 03.08.2023 petitioner deposed as PW1 and produced 31 documents at Ex.P.1 to P.31, on 12.09.2023, 03.10.2023 26.10.2023, 28.02.2024 petitioner produced the evidence of Dr.Shashikanth, Dr.Nitish Gupta, Dr.Gopalappa H.M., Dr.Rajanna, Dr.Shivalingaiah, Smt. Gita Subba Rao as PW2 to PW7 and produced 14 documents at Ex.P.31 to 45.
On 18.03.2024 learned Advocate appearing for the SCCH-1 4 MVC No.3306/2022 respondent submitted that respondent KSRTC/BMTC is not having oral evidence.
5.Learned Advocate appearing for the petitioner filed notes of arguments with copy of 6 judgments.
1. M.F.A.No.6863/2014 C/w M.F.A. No.1541/2015 (MV_I) (Sri Ravi @ Ravidra Vs. Thammanna and another ) DD 25.03.2021
2. C.R.P. No.2558/2023 (Malaravan Vs. Praveen Travels Private Limited and another ) D.D. No.18.08.2023
3. (2018) 5 Supreme Court Cases 656 ( Mangla Ram Vs. Oriental Insurance Company Limited and others ) D.D. 06.04.2018
4. Criminal Appeal Nos.339-340/2014 (Rajesh Yadav and another etc Vs. State of UP ) D.D. 04.02.2022
5. Civil Appeal No.6151/2021 (National Insurance Company Ltd. Vs. Chamundeswari and others) D.D.01.10.2021
6. I heard the arguments submitted on behalf of the petitioner respondent and perused the records.
7. On the basis of the record, my findings on the above issues are as under:
Issue No.1 ... Due to the negligence of the driver of the bus and the petitioner at the ratio of 50:50 incident taken place resulting in the injuries to the petitioner.SCCH-1 5 MVC No.3306/2022
Issue No.2 ... Petitioner is entitle to receive Rs.1,73,500/- with current and future interest at 6% p.a. from the respondent as compensation.
Issue No.3 ... As per final order
for the following:-
REASONS
8. Issue No.1 :- In the evidence petitioner stated that on 09.04.2019 at about 6.25 p.m. after completion of office duties in order to reach home boarded the BMTC bus bearing No.KA-01-F-4807 when reached at Gottigere, near Hulimavu traffic police station intend to alight from the bus, in the process of closing the automatic doors fell from the bus, virtually dragged him on the road resulting in the injuries.
9. In the written statement , respondent denied the allegation regarding reason, mode and consequence of accident.
10. In the cross-examination, petitioner stated that when he was travelling by sitting in a BMTC bus from Koppa to Gottigere at 5.45 p.m. accident taken place , as on the date of accident working at VLN Prabhuddalaya, SCCH-1 6 MVC No.3306/2022 which is a senior citizens care center. PW1 stated that when bus was stopped at Gottigere bus stop, 6 passengers alighted from the bus , earlier to petitioner alighting from the bus . PW1 stated that he was the last passenger to alight from the bus. PW1 admitted that when he was about to alight from the bus , bus was stopped. Petitioner denied the suggestion that as he was having one bag with him, made an attempt to alight from the bus , slipped from the steps of the bus. PW1 admitted that police who were present in the spot shifted him to the hospital. PW1 submitted about filing of complaint to the police in the presence of doctor and stated that contents of complaint marked at Ex.P.4 are incorrect since the driver and conductor of the bus forced him to write those facts in the complaint. Petitioner admitted that in Ex.P.4 complaint , doctor also made signature and admitted that in the complaint marked at Ex.P.4 he wrote to the effect that since the accident took place due to his own confusion, nobody is to be blamed and explained that he was forced to write those contents by the conductor and driver stating that they will loose the job, if he say the true facts, when SCCH-1 7 MVC No.3306/2022 he was in the confused state, the driver and conductor made force to write those facts in the complaint. PW1 admitted that he was having conscious when he wrote the contents of the complaint and after registering his complaint, the police have issued endorsements to him marked at Ex.P.5 and P.6, in Ex.P.5 and P.6, it is noticed that there is no fault of driver and conductor and nobody is at fault. PW1 stated that even after 4 years from the date of filing of the complaint on the date of evidence, he has not approached the police alleging that the driver and the conductor forced him to write the contents in the document marked at Ex.P.4. PW1 stated that he has taken treatment at Vijayashree hospital, Columbia Asia Hospital , St.Theresa hospital and Shekhar Nursing Home.
11. Petitioner denied the suggestion that due to his own negligence slipped and fell from the bus and there is no negligence on the part of the driver of the bus.
12. Ex.P.1 is the letter submitted by PW7 Gita Subbaraoto to Vijaya Shree hospital , Gottigere stating to furnish MLC Register regarding treatment taken by the petitioner in the hospital. Ex.P.2 is the Medico Legal SCCH-1 8 MVC No.3306/2022 Register issued by Vijayashree hospital in which appearance of the petitioner with injuries alleged to have been suffered at 6.20p.m. on 09.04.2019 near Gottigere traffic police station while stepping down from BMTC bus are mentioned. Ex.P.3 is the copy of the police information report dated 09.04.2019 sent by Vijayashree hospital to H.C.No.5596 intimating the appearance of the petitioner with injuries alleged to have been suffered in an accident caused by BMTC bus, at BMTC bus stop by slipping at 6.25 p.m. on 09.04.2019 near Gottigere Traffic police station , Bannerghatta main road, Bengaluru. Ex.P.4 is the copy of the complaint dated 09.04.2019 filed by the petitioner to police Inspector , Hulimavu Traffic police station alleging that at 6.25p.m. while alighting from BMTC bus bearing No.KA-01-F-4807, near Gottigere got struck in the door was dragged along the road, ran over by the tyre , thereby suffered severe injuries to left lower limb, consequently rushed to the nearby hospital/Vijayashree , the police who were present in the spot immediately helped him to into a autorickshaw , since the accident took place due to his own carelessness , nobody is to blame , SCCH-1 9 MVC No.3306/2022 therefore, he do not wish any legal or police case regarding the incident and above mentioned report is given in front of attending doctor at Vijayashree hospital .
13. Ex.P.5 is the acknowledgment dated 09.04.2019 issued by police Inspector, Hulimavu Traffic Police station about the receipt of the complaint from the complainant/ petitioner against Ananda H.K., driver of the BMTC bus bearing No.KA-01-F-4807 . ExP.6 is the copy of the endorsement dated 09.04.2019 issued by H.C.No.5461 of Hulimavu Traffic police station about action taken on the complaint/statement of the petitioner by imposing Rs.600/- as fine on the driver of the BMTC bus bearing No.KA-01-F-4807 . In the evidence PW2 to 7 hear say witnesses stated nothing about reason, mode of accident.
In this case at this stage there are no reasons to disbelieve the contents of the documents marked at Ex.P.1 to P.6 about the incident and consequence of the incident. Hence, I have concluded that on 09.04.2019 at about 6.25 p.m. subsequent to BMTC bus stop of Hulimavu when petitioner intended to alight from the BMTC bus bearing No.KA-01-F-4807 due to the negligence of the driver of the SCCH-1 10 MVC No.3306/2022 bus who made attempt to close the hydrolic door of the bus without observing the door through side mirror and due to the negligence of the petitioner while alighting from the bus petitioner struck in the door , thereby both petitioner and driver became reason for the incident/accident at the ratio of 50:50 resulting in injuries to the petitioner. Hence, I answer issue No.1 accordingly.
14. Issue No.2: In the evidence petitioner stated that in the accident suffered grievous injuries , took treatment at Vijayashree hospital , Columbia Asia Hospital, St.Theresa hospital , Shekhar Nursing Home as an inpatient , underwent surgery, took follow up treatment by spending Rs.6,62,000/- and in view of the injuries suffered in the accident suffered permanent disability, prior to the accident being a Doctor used to earn Rs.30,000/p.m. In the written statement respondent denied the allegation regarding nature and consequence of the injuries suffered by the petitioner . In the cross-examination , petitioner admitted that at the time of discharge summary from hospital his condition was stable and stated about SCCH-1 11 MVC No.3306/2022 production of documents regarding treatment taken in several hospitals. Petitioner denied the suggestion that on 03.08.2023 working at VLN Prabhudalaya, Senior Citizen Care Center and explained that on the date of evidence doing free consultation privately.
15. In the evidence PW2 Dr.R.Shashikath of Columbia Asia Hospital (Manipal hospital ) stated that petitioner took treatment for the injuries suffered in the accident from 10.04.2019 to 15.04.2019 i.e., fracture of left distal femur (thigh bone) with fracture of medial femoral condyle of the left knee, fracture of the lateral tibial condyle and head of fibula (left knee joint), fracture of medial malleolus of the left ankle . PW2 stated that on 28.08.2023 on clinical examination noticed that petitioner suffered physical disability at 16.60% to whole body and produced inpatient records, copy of the police intimation, disability assessment report with calculation, x-rays at Ex.P.32 to P.35. In the cross-examination PW2 stated that he was the member of the team of doctors who treated the petitioner at Columbia Asia Hospital . PW2 stated that at the time of SCCH-1 12 MVC No.3306/2022 discharge the condition of the petitioner was symptomatically better.
16. In the evidence PW3 Dr.Nitish Gupta of Vijayashree hospital stated that on 09.04.2019 he has treated the petitioner as outpatient and produced outpatient records , MLC Register extract, police intimation marked at Ex.P.36 to P.39. In the cross-examination PW3 stated that he has given first aid to the petitioner when he was admitted to the hospital. PW3 stated that in Vijayashree hospital , the petitioner was present for two hours.
17. In the evidence PW4, Dr.Gopalappa H.M. of Shekhar Nursing Home stated that from 29.04.2019 to 25.06.2019 petitioner has been treated at the request of his mother and produced copy of the inpatient record at Ex.P.40. In the cross-examination PW4 stated that he has not treated the petitioner . PW4 admitted lack of personal knowledge about the contents of Ex.P.40 and stated that petitioner has been admitted Shekhar hospital for post operative wound care.
SCCH-1 13 MVC No.3306/2022
18. In the evidence PW5 Dr.Rajanna H.T. of St.Theresa's hospital stated that the petitioner has been treated as an inpatient from 15.04.2019 to 29.04.2019 and produced inpatient record at Ex.P.41. In the cross- examination PW4 submitted ignorance about the contents of the documents marked at Ex.P.41.
19. In the evidence PW6 Dr.Shivalingaiah M. of Victoria hospital and Bowring and Lady Curzon hospital , Bengaluru stated that on 29.08.2023 and 21.09.2023 when clinically examined the petitioner noticed that petitioner has suffered 5% disability to whole body and produced inpatient records , outpatient records, x-ray, uroflometry with graph at Ex.P.42 to P.45.
20. In the cross-examination PW6 admits that in the discharge summary of Columbia Asia Hospital (Manipal hospital), the urethral injury noted in the affidavit is not mentioned. PW6 explained that urethral injury is associated injury on account of accidental injuries. PW6 stated that the petitioner was under follow up treatment for urethral injury. In the evidence PW7 Gita Subba Rao, the mother of the petitioner stated about the treatment taken SCCH-1 14 MVC No.3306/2022 by the petitioner at various hospitals. In the cross- examination PW7 stated non-filing of complaint, to the police regarding accident.
21. Wound certificate , discharge summaries , case files and other medical records shows that in the accident petitioner has suffered fracture of left distal femur (thigh bone) with fracture of medial femoral condyle of the left knee, fracture of the lateral tibial condyle and head of fibula (left knee joint), fracture of medial malleolus of the left ankle , took first aid/treatment at Vijayashree hospital , then took treatment at Columbia Asia Hospital (Manipal hospital ), St.Theresa's hospital , Shekhar Nursing Home and Victoria hospital as an inpatient from 10.04.2019 to 29.04.2019 by spending approximately Rs.32,000/-.
22. In the evidence petitioner stated that as on the date of accident he used to earn average Rs.30,000/p.m. but after the accident earning capacity is reduced considerably and virtually.
23. In the cross-examination petitioner stated about filing of IT returns for the year 2019-20, 2020-21, 2021-22. SCCH-1 15 MVC No.3306/2022 Ex.P.7 is the Bachelor of Medicine and Bachelor of Surgery Certificate dated September 2005, Ex.P.8 is the Certificate of Registration dated 21.10.2005 issued by Karnataka Medical Council, Ex.P.9 is the copy of the Medical Transcription certificate, Ex.P.10 is the Provisional Certificate dated 12.12.2016 issued by Indira Gandhi National Open University, Ex.P.11 Service Certificate dated 15.05.2008 issued by Datascribe Infotech pvt. Ltd., stating that from 01.10.2007 to 5.05.2008 petitioner worked as Editor. Ex.P.12 is the particulars of the salary from 01.11.2018 offered from Spheris India Pvt.Ltd., Quality Management System i.e, Rs.20,000/p.m. towards basic, D.A., H.R.A., Medical allowance, Special allowance, Food allowance, Transport allowance Rs.2000/- towards incentives, bonus Rs.5000/- P.F., Gratuity, ESI, Accident Insurance, Medical Insurance Rs.814/-. Ex.P.13 and P.14 are the appointment order and enclosures issued by Sapthagiri Institute of Medical Sciences and Research Center dated 21.10.2011 and St.John's Medical College dated 15.03.2012 to the petitioner offering appointment for a consolidated salary of Rs.20,000/- and Rs.25,000/- SCCH-1 16 MVC No.3306/2022 respectively. Ex.P.15 is the appointment offer letter dated 11.09.2017 issued by NMT Elder Care for monthly remuneration of Rs.40,000/-. Ex.P.16 is the appointment offer letter dated 28.02.2019 issued by Nava Nirman-VLN Prabuddhalaya and Ayurdham Pvt. Ltd., offering the post of Resident Medical Officer for a monthly salary of Rs.30,000/-.
24. In this case at this stage there are no reasons to disbelieve the evidence produced by the petitioner regarding his occupation and income as on the date of accident . Hence, it is to be inferred that as on the date of accident petitioner being a doctor used to earn average Rs.20,000/p.m. and in view of the injuries suffered in the accident suffered loss of income for a period of 6 months. Hence, Rs.1,00,000/- is assessed towards pain and sufferings, Rs.32,000/- is assessed towards treatment charges, Rs.20,000/- is assessed towards attendant , conveyance and nourishment charges, Rs.1,20,000/- is assessed towards loss of income during treatment period (20000x6), Rs.75,000/- is assessed towards loss of SCCH-1 17 MVC No.3306/2022 amenities and future unhappiness. Hence, total compensation is assessed at Rs.3,47,000/-.
25. In view of the finding regarding issue No.1, the respondent BMTC is liable to pay Rs.1,73,500/- with current and future interest at 6% p.a. as compensation . Hence, I answer issue No.2 partly in the affirmative and pass the following :
ORDER The application filed under Section 166 of IMV Act is partly allowed.
The respondent/owner of BMTC bus bearing No.KA- 01-F-4807 shall pay Rs.1,73,500/- with current and future interest at 6% p.a., to petitioner towards compensation.
The respondent shall deposit the compensation amount with interest within 3 months from today.
After deposit of the compensation amount, entire compensation amount with 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/- . SCCH-1 18 MVC No.3306/2022 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 5th August , 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 : Dr.Karthik Rao dt. 29.03.2023, 29.05.2023, 17.07.2023.03.08.2023 P.W.2 : Dr.R.Shashikanth dt. 12.09.2023, 26.10.2023 P.W.3 : Dr.Nitish Gupta dt.12.09.2023, 12.01.2024 P.W.4 : Dr.Gopalappa H.M. dt.12.09.2023, 03.10.2023 P.W.5 : Dr.Rajanna H.T. dt.12.09.2023 P.W.6 : Dr.Shivalingaiah M. dt. 26.10.2023 P.W.7 : Smt.Gita Subba Rao dt.28.02.2024 Documents marked on behalf of the petitioners:
Ex.P.1 Requisition given to the hospital authorities by mother of petitioner Ex.P.2 Certified copy of MLC extract Ex.P.3 Certified copy of police intimation Ex.P.4 Certified copy of the statement of the petitioner Ex.P.5 &6 Certified copies of the two endorsements given by police dated 09.04.2019(2) Ex.P.7 Notarized copy of Medical Degree Certificate (original compared and returned) Ex.P.8 Notarized copy of Certificate of Registration (original compared and SCCH-1 19 MVC No.3306/2022 returned) Ex.P.9 Notarized copy of Training Certificate for Medical Transcription (original compared and returned) Ex.P.10 Notarized copy of Provisional Certificate issued by Indira Gandhi National Open University (original compared and returned) Ex.P.11 Service Certificate Ex.P.12 Salary Certificate Ex.P.13 Appointment order of Sapthagiri Medical College hospital Ex.P.14 Appointment order of St.John's Medical College hospital Ex.P.15 Appointment letter of NMT Elder care Ex.P.16 Appointment order of Nava Nirman -VLN Prabuddhalaya and Ayurdham Pvt. Ltd. Ex.P.17 Lab Reports (2) Ex.P.18 Discharge summaries of Columbia Asia Hospital (2) Ex.P.19 Lab reports of Columbia Asia Hospital (14) Ex.P.20 Lab reports (15) Ex.P.21 Outpatient record Ex.P.22 Discharge summaries of Columbia Asia Hospital (2) Ex.P.23 Lab reports (6) Ex.P.24 Doctor's initial assessment report Ex.P.25 Lab reports (4) Ex.P.26 Progress report (13 pages ) Ex.P.27 Nephro Urology file Ex.P.28 Salary slips (3) Ex.P.29 IT returns for the years 2018 to 2022 (47 pages) Ex.P.30 Original bills (59 pages ) Ex.P.31 X-ray films and CT scan films (27) Ex.P.32 Inpatient records (2) Ex.P.33 Certified copy of police intimation (original compared and returned) SCCH-1 20 MVC No.3306/2022 Ex.P.34 Disability assessment report with calculation Ex.P.35 X-rays (7) Ex.P.36 Authorisation letter dtd.12.09.2023 Ex.P.37 Outpatient record Ex.P.38 Certified copy of MLC Register Extract (original compared and returned) Ex.P.39 Certified copy of police intimation (original compared and returned) Ex.P.40 Inpatient record Ex.P.41 Inpatient record along with authorisation letter dt.12.09.2023 Ex.P.42 IP record Ex.P.43 OP record Ex.P.44 X-ray (1) Ex.P.45 Uroflometery with graph 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.