Bangalore District Court
In : Mrs.Parvathi S.M vs Mr.Mayanna T on 12 July, 2021
BEFORE THE COURT OF XXIV ADDITIONAL SMALL
CAUSES JUDGE AND THE MOTOR ACCIDENT
CLAIMS TRIBUNAL & A.C.M.M. (SCCH-26) AT
BENGALURU
DATED THIS THE 12th DAY OF JULY 2021
PRESENT: SRI.R.MAHESHA. B.A.L.LLB.,
XXIV ADDL. SCJ &
ACMM & MEMBER - MACT
BENGALURU.
M.V.C No.7735/2018
c/w
M.V.C No.7736/2018,
7737/2018,
7738/2018 &
7739/2018
PETITIONER IN : Mrs.Parvathi S.M.
MVC NO. W/o Mayanna T,
7735/2018 Aged about 45 years,
R/at # 32, R.K.Mutt layout,
Near Shanimahathma temple,
K.G.Nagar, Gavipura Guttahalli,
Bangalore south,
Gavipuram extension,
Bangalore, Karnataka-560019.
(By Sri.M.R.K.S., Adv.,)
PETITIONER IN : Narasimhaiah T
MVC NO. S/o Thopegowda,
7736/2018 aged about 45 years, R/at # 175-1,
13th cross road, New Guddadahalli,
Bangalore south,
Government Electric factory,
Bangalore, Karnataka-560026
2 MVC NO.7735/2018 to 7739/2018
(By Sri.M.R.K.S., Adv.,)
PETITIONER IN Abhishek B.M
MVC NO. S/o Mayanna T, Aged about 21
7737/2018 years, R/at # 32, R.K.Mutt layout,
Near Shanimahathma temple,
K.G.Nagar, Gavipuam Guttahalli,
Bangalore south,
Gavipuram extension,
Bangalore, Karnataka-560019.
PETITIONER IN Archana B.M D/o Mayanna T,
MVC NO. Aged about 26 years,
7738/2018 R/at # 32, R.K.Mutt layout,
Near Shanimahathma temple,
K.G.Nagar, Gavipuam Guttahalli,
Bangalore south,
Gavipuram extension,
Bangalore, Karnataka-560019.
PETITIONER IN Gagan N S/o Narasimaiah T,
MVC NO. Aged about 13 years, R/at #A/3,
7739/2018 2nd Main, 3rd cross, Bapuji nagar,
Bangalore south,
Government Electric factory,
Bangalore, Karnataka-560 026
Since petitioner is minor, rep by his
father and natural guardian,
Narsimhaiah T S/o Thopegowda.
V/s
RESPONDENTS : 1.Mr.Mayanna T
IN MVC No. S/o Thope Gowda, R/at # 32,
7735/2018 to R.K.Mutt layout, Near
7739/2018 Shanimahathma temple,
K.G.Nagar, Gavipuram Guttahalli,
Bangalore south, Gavipuram
(Owner of the car bearing
reg.No.KA-51-Z-9952)
3 MVC NO.7735/2018 to 7739/2018
(Sri.SMG-Advocate)
2. The ICICI Lombard
Gen.Insurance Regional office,
The estate, 9th floor,
Dickenson road,
M.G.road, Bangalore-42
(Insurer of the car bearing
reg.No.KA-51-Z-9952)
Policy
No.3001/105581512/01/000 valid
from 24-08-2016 to 23-08-2017
(Sri.PSJ -Advocate)
3. Mrs.Waheeda Sulthana,
No.828, 8th B main road, 21st cross,
7th Sector, HSR layout,
Bangalore.
(Insured of the car bearing
reg.No.KA-51-Z-9952)
(Exparte)
****
::COMMON JUDGMENT::
These five petitions are filed by the Petitioners under Sec.166 of Motor Vehicles Act, 1989 seeking compensation for an amount of Rs.10,00,000/- each in all the cases for the injuries sustained by them in a road traffic accident.4 MVC NO.7735/2018 to 7739/2018
2. The brief facts of the case of the Petitioners in all cases are as follows:
That on 20-08-2017 at about 5.45 P.M. when the petitioners were going in the car bearing reg.No.KA-51- Z-9952, driver of the car drove the same in a rash and negligent manner endangering human life, near Herur bypass bridge, NH 75 road, Kunigal, a dog suddenly came on the road in order to avoid, the driver lost his control and vehicle turtled down to the left side of the road side pit, as a result of this tremendous impact the petitioners have sustained grievous injuries.
3. Immediately after the accident, petitioner in MVC No.7735/2018 was taken to Kunigal Government hospital, Heruru, wherein she took first aid treatment and for better treatment, she was shifted to Manipal hospital, wherein she took treatment as inpatient from 21-08-2017 to 24-08-2017 and on examination, it was found that she had sustained bilateral humerus shaft fracture, injury to all arm and not able to lift upper limb. The petitioners 5 MVC NO.7735/2018 to 7739/2018 undergone operation and implants were inserted and spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. The petitioner in MVC No.7735/2018 was aged about 46 years and was working as a Account Manager at Pride group, Bangalore and earning a sum of Rs.48,000/- p.m., due to accident, she is not in a position to work, doctor has advised complete bed rest for a period of six months resulting in loss of income and earning capacity and her family is put under great hardship, she is undergoing mental shock and after accidental injuries, she was hospitalized and her family members were taking care of her, hence one day delay in lodging complaint.
4. Immediately after the accident, petitioner in MVC No.7736/2018 was taken to Kunigal Government hospital, Heruru, wherein they took first aid treatment and for better treatment, he was shifted to St.Martha`s hospital and on examination, it was 6 MVC NO.7735/2018 to 7739/2018 found that he had sustained swelling beneath the tribial tuberosity present, local rise of temperature present, fracture of 8th rib on the left side, contusion on left leg with hematoma. The petitioner has spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. The petitioner was aged about 45 years and was working as a employee in Mayur steel, Bangalore and earning Rs.20,000/-p.m. Due to accidental injuries, petitioner is not in a position to work, doctor has advised complete bed rest for a period of 6 months, resulting in loss of income and earning capacity and his family is put under great hardship, he is undergoing mental shock and after accidental injuries, petitioner was in hospitalization and his family members were taking care of him, hence one day delay in lodging complaint.
5. Immediately after the accident, petitioner in MVC No.7737/2018 was taken to Kunigal Government hospital, Herur, wherein he took first aid 7 MVC NO.7735/2018 to 7739/2018 treatment and for better treatment, he was shifted to Command hospital, on examination it was found that he had sustained tenderness over right clavicle, pain over back of chest. The petitioner has spent Rs.1,00.000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. On the date of accident, petitioner was aged about 21 years, he is studying final year Bcom in Vivekananda college, Bangalore and also working as a Accountant in a Auditor office as a part time worker and earning a sum of Rs.10,000/- p.m. because of the accident, he is not in a position to work, doctor has advised complete bed rest for a period of 6 months, resulting in loss of income and earning capacity and his family is put under great hardship, he is undergoing mental shock and after the accidental injuries, he was in hospitalization and his family members were taking care of him, hence one day delay in lodging the complaint.
8 MVC NO.7735/2018 to 7739/2018
6. Immediately after the accident, the petitioner in MVC No.7738/2018 was taken to Kunigal Government hospital, Heruru, wherein she was taken first aid treatment and for better treatment, she was shifted to Command hospital, on an examination, It was found that she had sustained laceration right upper eyelid, suturing done LA of haemostasis obtained. The petitioner has spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. On the date of accident, petitioner was aged about 26 years and was working as a Lecturer in Maharani Lakshmi Ammanni college, Bangalore and she was earning a sum of Rs.46,534/- p.m. Due to accident, she is not in a position to work, doctor has advised complete bed rest for a period of six months, resulting in loss of income and earning capacity and her family is put under great hardship, she is undergoing mental shock and after the accidental injuries, she was in hospitalization and her 9 MVC NO.7735/2018 to 7739/2018 family members were taking care of her, hence one day delay in lodging complaint.
7. Immediately after the accident, petitioner in MVC No.7739/2018 was taken to Kunigal Government hospital, Heruru, wherein he was taken first aid treatment and for better treatment, he was shifted to St.Martha's hospital, on examination it was found that petitioner had sustained laceration of 1 cm behind the left elbow, bruise in noted over the left zygomatic arch, left lower limb is in adduction, internal rotation, active range of movements in restricted and painful, petitioner has spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. On the date of accident, petitioner was aged about 13 years, studying in 7th std., in Camlin school, Bangalore, because of the accident, he is not in a position to walk for long 10 MVC NO.7735/2018 to 7739/2018 distance, due to injuries he has taken bed rest for a period of 6 months, cannot attend his school.
Hence petitioners in all the cases prays to award compensation of Rs.10,00,000/- each from the respondents.
8. After service of summons, in all the cases, respondent No.1-RC owner of the offending vehicle and respondent No.2 insurance company appeared through their respective counsel and only respondent No.2 filed written statement. The respondent No.3 insured of the car remained exparte.
9. Respondent No.2 in its written statement denied petition averments and submits that vehicle bearing No.KA-51-Z-9952 was not at all involved in any accident and claimants did not sustained any injuries in the alleged accident. That the vehicle bearing reg.No.KA-51-Z-9952 stood insured with them 11 MVC NO.7735/2018 to 7739/2018 as on the date of accident vide policy No.3001/105581512/01/000 valid from 24-08-2016 to 23-08-2017. That there is a delay of one day in filing complaint and the delay is not explained. That as per the FIR and complaint given by complainant the entire rash and negligent is on the insured vehicle driver cum owner and there is no involvement of two vehicle in the alleged accident. That the driver had a valid and effective driving licence to drive the specified class of vehicle. That the owner has consciously permitted a non licencee to drive the vehicle in flagrant violation of the express terms of the policy, thereby disentitling him of the indemnity provided under the policy and thus the claim against this respondent be dismissed. That the compensation claimed does not bear nexus to the nature of injuries, period for treatment alleged disability, alleged expenses etc., as also to the age and avocation of the claimant. Except this all other defences are formal in 12 MVC NO.7735/2018 to 7739/2018 nature and among other grounds prays to dismiss the petitions, in all the cases.
10. On the basis of the above pleadings, this tribunal has framed the following:
:: ISSUES IN MVC NO.7735, 7736, 7737, 7738 and 7739/2018::
1. Whether Petitioner proves that, on 20-
08-2017 at about 5.45 p.m. while she was inmate in the car bearing reg.No.KA-51-Z- 9952, when he reached near Heruru Bypass bridge, NH 75 road, Kunigal Taluk, Tumakuru the driver of the side car driven in a rash and negligent manner at that time a dog suddenly came on road, in order to avoid, the driver lost his control and the vehicle turtled down to the left side, as a result of which petitioner sustained grievous injury, as mentioned in claim petition?
2. Whether petitioner is entitled for compensation as prayed in the petition? If so, from which respondent?
3. What Order or Award?
11. As these claim petitions are arising out of the same accident, MVC No.7735/2018 is clubbed in MVC 13 MVC NO.7735/2018 to 7739/2018 No.7736/2018, 7737/2018, 7738/2018 and 7739/2018 for recording of common evidence and for disposal.
12. In order to prove the above said issues, Petitioner in MVC No.7735/2018 has been examined as PW-1 and got marked Ex.P.1 to 13. Dr.Ramesh B. got examined as PW-2 and got marked Ex-P14 and 15. The petitioner in MVC No.7736/2018 has been examined as PW-1 and got marked Ex-P1 to 6 documents. The petitioner in MVC No.7737/2018 has been examined as PW-1 and got marked Ex-P1 to 3 documents. The petitioner in MVC No.7738/2018 has been examined as PW-1 and got marked Ex-P1 to 4 documents. The father/natural guardian of the petitioner in MVC No.7739/2018 has been examined as PW-1 and got marked Ex-P1 to 6 documents.
13. Heard oral arguments of learned counsel for the Petitioners and Respondents through virtually (Zoom App).
14 MVC NO.7735/2018 to 7739/2018
14. My findings on the above issues in all cases are as under:
Issues No.1 in : In the Affirmative all the cases Issue No.2 in : Partly in the affirmative all the cases Issue No.3 in : As per final order for the all the cases following:
REASONS Issue No.1 in all the cases:
15. In order to prove the actionable negligence, the petitioners in all cases themselves entered into the witness box and filed their affidavits in lieu of examination-in-chief and got examined as P.W.1, 3 to 5. PW-1, 3 to 5 reiterates the averments and the allegations made in the claim petition and deposed that, the accident was occurred solely due to the rash and negligent driving of the car bearing reg.No.KA-51-Z-9952 by its driver. During the course of cross-examination by respondent No.2, PW.1 to 5 have stated that on the date of accident, 15 MVC NO.7735/2018 to 7739/2018 they have not given complaint because all the petitioners sustained injuries.
16. The petitioners are relied upon various copies of police documents which are produced and got marked FIR, statement, spot mahazar, IMV report, charge sheet. The FIR and charge sheet discloses that, registered a case in crime No.0440/2017 of Kunigal circle police station U/s 279, 337 and 338 of IPC.
17. In the present case the accident is not disputed. The involvement of the vehicle in the accident is also not disputed. From the police documents, it is seen that, the jurisdictional police have registered the criminal case against the driver of the car bearing reg.No.KA-51-Z-9952. In this case, the respondent No.2 contended that there is delay of one day in filing complaint and delay is not explained. The petitioners in their cross examination stated that on the date of accident, 16 MVC NO.7735/2018 to 7739/2018 they sustained injuries, so they have not given complaint.
18. Admittedly the petitioners have produced FIR, statement, spot mahazar, IMV report and charge sheet before the Tribunal to know the occurrence of accident and to evaluate the things. From FIR and charge sheet, it clearly depicts that, the accident occurred and police have filed criminal case No.0440/2017 before Kunigal PS and charge sheeted U/s 279, 337 and 338 of IPC.
19. Therefore on the basis of records available as stated, I came to conclusion that the accident occurred due to the negligence on the part of the offending car bearing reg.No.KA-51-Z-9952. Thus, the contents of the police documents and oral evidence of PW.1 prima-facie establishes the rash and negligence on the part of the driver of the car bearing reg.No.KA-51-Z-9952. Under these circumstances, the evidence of P.W.1 to 5 coupled 17 MVC NO.7735/2018 to 7739/2018 with FIR, charge sheet, wound certificates and discharge summaries establishes that the accident has caused solely due to rash and negligent driving of the car by its driver and petitioners in all the cases sustained injuries in the said accident.
20. Besides, it is well settled that, in motor vehicles claim compensation cases, the strict proof of negligence is not required. For the foregoing reasons, I have no doubt in mind to conclude that, the accident in question had taken place because of the actionable negligence of the driver of car. From the documents produced by the petitioners easily concluded that, there was a road accident and petitioners sustained grievous injuries, in the said road accident taken place because of exclusive negligence of the driver of car bearing reg.No.KA-51- Z-9952. With this I answer issue No.1 in all the cases in the Affirmative.
18 MVC NO.7735/2018 to 7739/2018ISSUE No.2 in MVC No.7735/2018:
21. Pain and suffering:-
It is the case of the petitioner that, she had sustained injuries and she relied upon Ex-P5 - wound certificate, Ex-P7 -discharge summary, it reveals she had sustained injuries i.e., bilateral humerus shaft fracture and undergone open reduction internal fixation bilateral humerus, injury to both arm. It is stated in the petition as well as in the evidence that, immediately after the accident, petitioner was shifted to Kunigal Government hospital wherein she took first treatment and shifted to Manipal hospital, wherein she was inpatient for four days. PW-1 stated that doctor has advised to complete bed rest for 6 months and undergone operation and implants were inserted. The doctor has advised to undergo one more surgery for removal of implants for both hands which may cost around Rs.2,00,000/-. PW-1 further stated that she spent Rs.1,00,000/- towards 19 MVC NO.7735/2018 to 7739/2018 medical expenses and Rs.50,000/- towards conveyance and nourishment expenses, due to injuries to both hand, she had taken attender for that she paid Rs.10,000/- per month for a period of six months. PW-1 further stated that she was aged about 45 years at the time of accident and was working as Account Manager at Pride Group Bangalore and earning a sum of Rs.48,000/- per month. Before accident, she was hale and healthy and because of this accident, she is not in a position to do her day to day work as before. Doctor has advised six months complete bed rest, due to the injury, she cannot do her day to day activities, resulting in loss of income and earning capacity and her family is put under great hardship, she is undergoing mental shock and agony, she is not able to attend her work, for that, she had taken leave resulting loss of pay.
22. The petitioner has produced Ex-P5 -wound certificate, Ex-P7 -discharge summary, it reveals 20 MVC NO.7735/2018 to 7739/2018 she had sustained injuries i.e., bilateral humerus shaft fracture and undergone open reduction internal fixation bilateral humerus, injury to both arm. The petitioner has examined Dr.Ramesh B. who is examined as PW-2 who has stated in his affidavit that petitioner had sustained injuries i.e., fracture shaft of right humerus, fracture shaft of left humerus and underwent internal fixation of right and left humerus. PW-2 further stated that he examined the petitioner on 22-3-2021 for assessment of disability, petitioner complained of pain in both upper limbs, difficulty to lift weight over the head with both upper limb, difficulty to do routine activities. PW-2 further stated that on examination, he found difficulty to lift weight over the head with both upper limb, ablution combing buttoning. Radiological examination shows fracture right humerus untied with implant in situ, non union of left humerus with implants in situ. PW-2 opined that petitioner suffers from permanent 21 MVC NO.7735/2018 to 7739/2018 physical disability of 40% of upper limb and 14% to the wholebody. PW-2 stated that petitioner needs further surgery for non union of left humerus and implants removal. Thus taking into consideration of the gravity of the injuries sustained by the petitioner and treatment taken, I am of the opinion that, the petitioner has suffered pain due to the accidental injuries. Taking all these facts into consideration, I am of the opinion that, the petitioner is entitled for a sum of Rs.20,000/- towards Pain and suffering.
23. Medical Expenses:-
The petitioner has stated that she spent Rs.1,00,000/- towards medical expenses. In respect of the treatment taken by the petitioner for the injuries sustained in the accident, she has produced Ex-P12-medical bills of Rs.60,298=80. The petitioner has stated in her cross examination that some amount received towards medical expenses from Ex-Service contributory health 22 MVC NO.7735/2018 to 7739/2018 scheme ECHS. But petitioner has not stated how much amount she received from the above said scheme. The petitioner had failed in produce reimbursement documents from the above said scheme. So in the absence of said documents, it is doubtful to believe the words of petitioner. Hence this tribunal does not grant any compensation under the head of medical expenses.
24. Food and nourishment, Conveyance and Attendant charges:-
Immediately after the accident, petitioner was shifted to Kunigal Government hospital wherein she took first treatment and shifted to Manipal hospital, wherein she was inpatient for four days. Due to injuries to both hand, she had taken attender for that she paid Rs.10,000/- per month for a period of six months. Before accident, she was 23 MVC NO.7735/2018 to 7739/2018 hale and healthy and because of this accident, she is not in a position to do her day to day work as before. Doctor has advised six months complete bed rest, due to the injury, she cannot do her day to day activities, resulting in loss of income and earning capacity and her family is put under great hardship, she is undergoing mental shock and agony, she is not able to attend her work, for that, she had taken leave resulting loss of pay. The petitioner complained of pain in both upper limbs, difficulty to lift weight over the head with both upper limb, difficulty to do routine activities. PW-2 further sated that on examination, she found difficulty to lift weight over the head with both upper limb, ablution combing buttoning. Radiological examination shows fracture right humerus untied with implant in situ, non union of left humerus with implants in situ. PW-2 opined that petitioner suffers from permanent physical disability of 40% of upper limb and 14% to the 24 MVC NO.7735/2018 to 7739/2018 wholebody. The petitioner has not examined the person who attended her to prove her contention. The nature of injuries certainly made it inevitable to have an attendant and certainly requires to take some nutritious food and she must have spent money for conveyance during the treatment period. Hence, in the absence of material and having regard to all these facts and circumstances, the petitioner is entitled for a sum of Rs.20,000/- towards Food and nourishment, Conveyance and Attendant charges.
25. Loss of income during the period of treatment:-
The case of the petitioner is that, at the time of accident she was hale and healthy and earning Rs.48,000/-p.m. by working as Account Manager at Pride Group, Bangalore due to accidental injuries, she is not in a position to do her day to day work as before and resulting in loss of income and earning capacity. The petitioner has produced Ex-P8-pay 25 MVC NO.7735/2018 to 7739/2018 slips (3 in Nos) which discloses that petitioner is getting net salary of Rs.25,234/- for July 2017. Further petitioner has produced Ex-P9-daily summary report (3 in Nos.), Ex-P10-ID card. But the petitioner has not examined the person who issued the said Ex-P8 to 10 to substantiate its contents. On perusal of Ex-P8, it reveals that petitioner was getting salary upto the month of August and as per Ex-P9, petitioner has absent to her work one month 8 days.. However by considering the nature of injury, treatment taken as inpatient in the hospital, the monthly income of the petitioner is considered as Rs.24,526/- and she might have not attended to her work for about 1 month 8 days. Hence this tribunal awarded compensation of Rs.27,591=75 ( for 38 days only) under the head Loss of income during the period of treatment.26 MVC NO.7735/2018 to 7739/2018
26. Loss of Future earnings:-
It is the evidence of P.W.1 that, at the time of accident she was hale and healthy and earning Rs.48,000/-p.m. by working as Account Manager at Pride Group, Bangalore due to accidental injuries, she is not in a position to do her day to day work as before and resulting in loss of income and earning capacity. The petitioner has produced Ex-P8-pay slips (3 in Nos) which discloses that petitioner is getting net salary of Rs.25,234/- for July 2017. PW-1 further stated that doctor has advised six months complete bed rest, due to the injury, she cannot do her day to day activities, resulting in loss of income and earning capacity and her family is put under great hardship, she is undergoing mental shock and agony, she is not able to attend her work, for that, she had taken leave resulting loss of pay. The petitioner complained of pain in both upper limbs, difficulty to lift weight over the head with both upper limb, difficulty to do routine activities. 27 MVC NO.7735/2018 to 7739/2018 PW-2 further sated that on examination, he found difficulty to lift weight over the head with both upper limb, ablution combing buttoning. Radiological examination shows fracture right humerus untied with implant in situ, non union of left humerus with implants in situ. PW-2 opined that petitioner suffers from permanent physical disability of 40% of upper limb and 14% to the wholebody. PW-2 in his cross examination has stated that he has not treated the petitioner and has not examined the Manipal hospital case sheet. Petitioner was healthy at the time of discharge from the hospital. Hence the disability assessed by PW-2 to the wholebody at 14% is excessive. However by considering the nature of injury and period of treatment taken by the petitioner, this Court considers the disability to an extent of 5% to the whole body is sufficient for calculation of quantum of compensation. As per available records the petitioner was 44 years old on the date of accident, 28 MVC NO.7735/2018 to 7739/2018 the appropriate multiplier is '14'. Hence 24,526/- x 12 x 14 x 5%= Rs.2,06,018=40 is awarded under the head Loss of Future earnings.
27. Loss of Amenities of Life due to disability:-
The injuries sustained by the petitioner shows that she must have sustained pain and suffering. The accident has put her in to a discomfort and she has lost the amenities of life to some extent. Taking all these facts into consideration, the petitioner is entitled for a compensation of Rs.15,000/- towards Loss of Amenities of Life due to disability.
28. Future medical expenses:-
The petitioner has stated that she undergone operation and implants were inserted. Doctor has advised to undergo one more surgery for removal of implants for both hands which may cost around Rs.2,00,000/-. The doctor has stated that petitioner needs further surgery for non union of left humerus and implants removal. The petitioner has not examined the doctor who treated her to assess 29 MVC NO.7735/2018 to 7739/2018 the disabilities suffered by her and to say about future medical expenses. Further the petitioner has not produced any document regarding future medical expenses. Therefore this court cannot grant compensation under the head future medical expenses.
Thus, I am of the considered opinion that, the petitioner is entitled for the compensation under the following heads :
1. Pain and suffering. 20,000=00
2. Food, nourishment, 20,000=00 Conveyance and Attendant charges
3. Loss of income during 27,591=75 the period of treatment
4. Loss of future earnings 2,06,018=40
5. Loss of amenities of life 15,000=00 due to disability Total 2,88,610=15 The said total amount of Rs.2,88,610=15 is rounded off to Rs.2,88,700/-. So, the petitioner in this case is entitled for the compensation of Rs.2,88,700/-.30 MVC NO.7735/2018 to 7739/2018
ISSUE No.2 in MVC No.7736/2018:
29. It is the case of the petitioner that, immediately after the accident, he was taken to Kunigal government hospital, Herur wherein he took first aid treatment and shifted to St.Martha's hospital, wherein he was inpatient for three days and on examination, it was found that he had sustained fracture of 8th rib on left side, contusion on left leg with hematoma, doctor has advised to complete bed rest for six months. The petitioner has stated that he spent Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food and nourishment expenses. As on the date of accident, he was aged about 45 years and was working as employee at Mayur Steel, Bangalore and earning Rs.20,000/-p.m. Before accident, he was hale and healthy, due to accident, he is not in a position to do his day to day work as before and doctor has advised six months complete bed rest. Due to the injury, he cannot do his day to day 31 MVC NO.7735/2018 to 7739/2018 activities, resulting in loss of income and earning capacity and his family is put under great hardship and he is undergoing mental shock and agony. Hence prays to award compensation of Rs.10,00,000/- from the respondents.
30. The petitioner has produced Ex-P1-certified copy of the 161(3) Cr.P.C. statement, Ex-P2- Certified copy of the wound certificate, Ex-P3- Discharge summary, Ex-P4-Notarised copy of the adhar card, Ex-P5-medical bills and Ex-P6- prescriptions. From the wound certificate and discharge summary it reveals that petitioner had sustained fracture of 8th rib on left side, contusion on left leg with hematoma for which petitioner took treatment as inpatient at St.Martha's hospital from 20-08-2017 to 22-08-2017. From the discharge summary it reveals that x-ray showed fracture of the left 8th rib on the posterior side, left leg appears to have a hematoma and showed no fractures on the x-ray, petitioner was managed conservatively, 32 MVC NO.7735/2018 to 7739/2018 petitioner's condition was satisfactory and is being discharged. The petitioner has produced Ex-P5- medical bills for Rs.11,294=81 and Ex-P6- prescriptions. The said medical bills Rs.8,153=78 is entitle, out of Ex-P5, Rs.33/- medicines are returned and receipt dt.22-8-2017 pertaining to bill No.5029412 amount of Rs.2,000/-, it would covered in final discharge bill. Hence that bill is not considered. By over all total petitioner is entitle actual medical expenses of Rs.8,153=78. The petitioner has not produced any document regarding his avocation and income. PW-2 in his cross examination has stated that he has given document regarding his salary. But there is no record to show his actual income and avocation. Further the petitioner has not examined the doctor who treated him to assess the disability suffered by him. However by considering the injuries sustained by the petitioner and period of treatment, 33 MVC NO.7735/2018 to 7739/2018 this court awarding Rs.25,000/- as global compensation to the petitioner.
31. ISSUE No.2 in MVC No.7737/2018:
In this case, petitioner has stated that immediately after the accident, he was taken to Kunigal Government hospital, Heruru wherein he was took first aid treatment and for better treatment, he was shifted to Command hospital and on examination, it was found that he had sustained tenderness over right clavicle, pain over back of chest. The petitioner has spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. As on the date of accident, petitioner was aged about 21 years and is studying final year B.com in Vivekananda college, Bangalore and also working as a Accountant in a Auditor office as a part time worker and was earning a sum of Rs.10,000/-p.m. Now because of the accident, he is not in a position 34 MVC NO.7735/2018 to 7739/2018 to work, doctor has advised complete bed rest for a period of six months, resulting in loss of income and earning capacity and his family is put under great hardship, he is undergoing mental shock. Hence prays to award compensation of Rs.10,00,000/- from the respondents.
32. In this case petitioner has produced Ex-P1- Adhar card, Ex-P2-wound certificate and Ex-P3- statement recorded U/s 161(3) Cr.P.C. From the wound certificate it reveals that petitioner had sustained tenderness over right clavicle, abrasion over right upper eye and the said injuries are described as simple in nature. The petitioner has not produced any document regarding his avocation and income. PW-3 in his cross examination has stated that some medical expenses borne by Ex- Service contributory health scheme ECHS. The petitioner himself admitted during his cross examination that he did not work in Auditor office as part time. Further the petitioner has not 35 MVC NO.7735/2018 to 7739/2018 examined the doctor who treated him to assess the disability suffered by him. Further petitioner has not produced any document regarding spending of amount of Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. However by considering the injuries sustained by the petitioner and period of treatment, this court awarding Rs.10,000/- as global compensation to the petitioner.
33. ISSUE No.2 in MVC No.7738/2018:
In this case, petitioner has stated that immediately after the accident, she was taken to Kunigal Government hospital, Heruru, wherein she was taken first aid treatment and for better treatment, she was shifted to Command hospital, on an examination, It was found that she had sustained laceration right upper eyelid, suturing done LA of haemostasis obtained. The petitioner has spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment 36 MVC NO.7735/2018 to 7739/2018 expenses and other expenses. On the date of accident, petitioner was aged about 26 years and was working as a Lecturer in Maharani Lakshmi Ammanni college, Bangalore and she was earning a sum of Rs.46,534/- p.m. Due to accident, she is not in a position to work, doctor has advised complete bed rest for a period of six months, resulting in loss of income and earning capacity and her family is put under great hardship, she is undergoing mental shock and after the accidental injuries, she was in hospitalization and her family members were taking care of her, hence one day delay in lodging complaint. Hence petitioner prays to award compensation of Rs.10,00,000/- from the respondents.
34. In this case, petitioner has produced Ex-P1- statement, Ex-P2-wound certificate, Ex-P3-Aadhar card and Ex-P4-medical bills. From the wound certificate, it reveals that petitioner had sustained leaceration right upper eye lid, suturing done LA of haemostaris. PW-3 in her cross examination has stated 37 MVC NO.7735/2018 to 7739/2018 that 50% medical expenses borne by Ex-Service contributory health scheme ECHS. Further in the cross examination, petitioner has stated that now also she is working in Maharani college and income has not reduced. Further in the cross examination petitioner has stated that there is no problem to do day today activities. Further the petitioner has not examined the doctor who treated her to assess the disability suffered by her. Further petitioner has not produced any document regarding spending of amount of Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. However by considering the injuries sustained by the petitioner and period of treatment, this court awarding Rs.5,000/- as global compensation to the petitioner.
35. ISSUE No.2 in MVC No.7739/2018:
In this petitioner has stated that immediately after the accident, petitioner in MVC No.7739/2018 was taken to Kunigal Government hospital, Heruru, wherein he was taken first aid treatment and for better 38 MVC NO.7735/2018 to 7739/2018 treatment, he was shifted to St.Martha's hospital, on examination it was found that petitioner had sustained laceration of 1 cm behind the left elbow, bruise in noted over the left zygomatic arch, left lower limb is in adduction, internal rotation, active range of movements in restricted and painful, petitioner has spent a sum of Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. On the date of accident, petitioner was aged about 13 years, studying in 7th std., in Camlin school, Bangalore, because of the accident, he is not in a position to walk for long distance, due to injuries he has taken bed rest for a period of 6 months, cannot attend his school. Hence petitioner in this case prays to award compensation of Rs.10,00,000/- from the respondents.
36. In this case, the petitioner is minor and his father and natural guardian represented by his case and he has produced Ex-P1-statement, Ex-P2-wound 39 MVC NO.7735/2018 to 7739/2018 certificate, Ex-P3-discharge summary, Ex-P4-adhar card, Ex-P5-medical bills and Ex-P6-prscriptions. From the wound certificate and discharge summary, it reveals that petitioner had sustained injuries i.e., laceration of 1 cm behind the left elbow, bruise noted over the left zygomatic arch, left lower limb is in adduction, internal rotation, active range of movements is restricted and painful, passive range of movements is normal for which he took treatment as inpatient at St.Martha's hospital from 20-08-2017 to 22-08-2017. The petitioner has produced Ex-P5- medical bills for Rs.18,334/-. The said medical bills Rs.15,501=18 is entitle, out of Ex-P5, invoice No.2037782 for Rs.31, invoice No.2037780 for Rs.7/-, invoice No.2037781 for Rs.525/-, invoice No.2037758/- for Rs.202/-. These medicines returned back to hospital for unused. Receipt No.135068 dt.20- 08-2017 receipt amount Rs.2,000/- included in final bill i.e., Rs.11,680/-. The petitioner again taken for consideration of Rs.2,000/-, hence the above bills are 40 MVC NO.7735/2018 to 7739/2018 not considered. The petitioner is entitled total actual medical expenses of Rs.15,501=18. The father/natural guardian of the petitioner in this case in his cross examination has stated that his son i.e., petitioner in this case now also going to school and there is no problem to do his day to day activities. Further the petitioner has not examined the doctor who treated him to assess the disability suffered by him. Further petitioner has not produced any document regarding spending of amount of Rs.50,000/- towards food, conveyance, nourishment expenses and other expenses. However by considering the injuries sustained by the petitioner, period of treatment, attendant charge, transportation expenses, loss of earnings to the parents, inconvenience and hospitalization for about 3 days, this court awarding Rs.25,000/- as global compensation to the petitioner.
37. As far as awarding of interest on the compensation amount is concerned, in a recent 41 MVC NO.7735/2018 to 7739/2018 decision reported in 2018 ACJ 1300 between Mangla Ram V/s. Oriental Insurance Co., Ltd., and others (in CA Nos.2499 of 2018 arising out of SLP(C) Nos.28141-42 of 2017 decided on 06.04.2018) wherein the Hon'ble Supreme Court with regard to interest at the rate of 9% p.a. on the compensation amount, in para No.28 of the judgment held that, 'The appellant would also be entitled to interest on the total amount of compensation at the rate of 9 per cent per annum on the compensation from the date of filing of the claim petition till date of realization" and also by following the principles laid down in (2018) ACJ 1020 in between ICICI Lombard General Insurance Co., Ltd., V/s. Ajay Kumar Mohanty and another decided on 6.3.2018 (in CA Nos.7181 of 2015 and 1879 of 2016) at para No.1 and 12 Hon'ble Supreme Court held that: "Quantum-Interest-Tribunal allowed interest at the rate of 7.5 per cent which was 42 MVC NO.7735/2018 to 7739/2018 reduced by High Court to 7 per cent-Apex Court allowed interest at 9 per cent per annum from the date of filing of claim application". In view of the above judgments with regard to the rate of interest and also it is settled principles of law that, while awarding interest on the compensation amount, the Court has to take into account the rate of interest on the Nationalized Bank and the rate of interest at the rate of 9% p.a. cannot said to be on the higher side. Accordingly, the Petitioner is entitled to interest at the rate of 9% p.a.
38. Coming to the question of fixing the liability to pay the compensation to the Petitioner, it is held supra by this Tribunal that the accident has occurred due to the rash and negligent driving of the car by its driver. Respondent No.1 is the RC owner, respondent No.2 is the insurer of car and respondent No.3 is the insured of the car are jointly and severally liable to pay compensation to the petitioners in all the cases. Hence, Respondent No.2 43 MVC NO.7735/2018 to 7739/2018 is liable to pay the compensation to the petitioners in all the cases. Accordingly, issue No.2 in all the cases is answered partly in the Affirmative.
Issue No.3 in all the cases:
39. For the foregoing reasons and the discussions as stated above, the petition filed by the petitioners in all cases deserves to be allowed in part with costs.
In result, I proceed to pass the following:
-: O R D E R :-
The claim petitions filed under Section 166 of Motor Vehicles Act by the petitioners in all the cases is hereby allowed in part with costs.
The petitioner is awarded a total compensation of Rs.2,88,700/- in MVC No.7735/2018, Rs.25,000/- in MVC No.7736/2018, Rs.10,000/- in MVC No.7737/2018, Rs.5,000/- in MVC No.7738/2018 and Rs.25,000/- in MVC No.7739/2018 with interest at the rate of 9% per annum from the date of petition, till deposit.
The Respondent No.1 to 3 are jointly and severally liable to pay the 44 MVC NO.7735/2018 to 7739/2018 compensation awarded in all cases to the petitioners.
Respondent No.2 shall deposit the said compensation amount into the Tribunal within 60 days from the date of the order.
Out of the compensation amount in MVC No.7735/2018, 50% shall be released in favour of the petitioner through E-payment directly to the petitioner's Account by obtaining bank account details on proper identification and remaining 50% shall be deposited in the name of petitioner in any nationalized bank for a period of three years.
Since the compensation amount in MVC No.7736/2018, 7737/2018, 7738/2018 is meager, entire amount shall be released in favour of the petitioners through E-payment directly to the petitioners Account by obtaining bank account details on proper identification.
In MVC No.7739/2018, Rs.15,000/- out of the compensation amount with proportionate interest is ordered to be released to the minor guardian/father of the petitioner and the remaining amount with proportionate interest is ordered to be deposited in FD in the name of minor 45 MVC NO.7735/2018 to 7739/2018 petitioner, till he attains majority, in any bank of the choice of minor guardian of the petitioner. Interest on FD is payable on maturity.
Advocate's fee is fixed at Rs.1,000/- each in all the cases.
Keep original Judgment in MVC No.7735/2018 and copies in other cases.
Draw Award Accordingly.
(Dictated to the stenographer, directly through online computer, thereof is corrected and then pronounced by me in the open Court on this the 12th July 2021) (R.MAHESHA.) XXIV ADDL. SCJ & XXII ACMM, MEMBER, MACT, BENGALURU.
::A N N E X U R E::
LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONERS IN ALL THE CASES:-
PW-1 : Mrs.Parvathi S.M.in MVC No.7735/2018 PW-2 : Dr.Ramesh B. in MVC No.7735/2018 PW-1 : Narasimhaiah T. in MVC No.7736/2018 PW-1 : Abhishek B.M. in MVC No.7737/2018 PW-5 : Archana B.M. in MVC No.7738/2018 PW-6 : Narasimaiah T. in MVC No.7739/2018 46 MVC NO.7735/2018 to 7739/2018 LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONERS IN ALL THE CASES:-
IN MVC NO.7735/2018:-
Ex.P.1 : Certified copy of FIR
Ex.P.2 : Certified copy of statement
Ex.P.3 : Certified copy fo spot mahazar
Ex.P.4 : Copy of IMV report
Ex.P.5 : Certified copy of wound certificate
Ex.P.6 : Certified copy of charge sheet
Ex.P.7 : Discharge summary
Ex.P.8 : Pay slips
Ex.P.9 : Daily summary reports
Ex.P.10 : Copy of ID card
Ex.P.11 : Copy of Adhar card
Ex.P.12 : Medical bills
Ex.P.13 : X-rays
Ex.P.14 : Original OPD card
Ex.P.15 : X-ray
IN MVC NO.7736/2018:-
Ex.P.1 : Certified copy of statement
Ex.P.2 : Certified copy of wound certificate
Ex.P.3 : Discharge summary
Ex.P.4 : Adhar card
Ex.P.5 : Medical bills
Ex.P.6 : Prescriptions
IN MVC NO.7737/2018:-
Ex.P.1 : Copy of aadhar card
Ex.P.2 : Copy of wound certificate
Ex.P.3 : Copy of statement
IN MVC NO.7738/2018:-
Ex.P.1 : Certified copy of statement
Ex.P.2 : Certified copy of the wound
47 MVC NO.7735/2018 to 7739/2018
certificate
Ex.P.3 : Copy of Adhar card
Ex.P.4 : Medical bills
IN MVC NO.7739/2018:-
Ex.P.1 : Certified copy of statement
Ex.P.2 : Certified copy of wound certificate
Ex.P.3 : Discharge summary
Ex.P.4 : Adhar card
Ex.P.5 : Medical bills
Ex.P.6 : Prescriptions
LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENTS IN ALL THE CASES:-
NIL LIST OF DOCUMENTS MARKED ON BEHALF OF THE RESPONDENTS IN ALL THE CASES:-
NIL (R.MAHESHA) XXIV ADDL. SCJ & ACMM, MEMBER, MACT, BENGALURU.