Bangalore District Court
Mr.Venkat Surendra.G vs Sri.Rajkishore.R on 17 February, 2022
SCCH-11 1 MVC.No.4459/2018
KABC020193422018
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
BANGALORE. (SCCH-11)
DATED THIS THE 17th DAY OF FEBRUARY-2022
PRESENT: SRI.RAGHAVENDRA.D, B.COM, L.L.B.
I ADDL.SMALL CAUSES JUDGE & MACT
MVC No.4459/2018
PETITIONER:
Mr.Venkat Surendra.G.,
S/o.Govindaraju,
Aged about 28 years,
# 173/2, 4th Main, 2nd Cross,
K.G.Halli, Jalahalli West,
Bengaluru - 560 015.
(By Sri.H.N.Kumar, Adv.)
//Versus//
RESPONDENTS:
1. Sri.Rajkishore.R.,
S/o.Rajanna.G.,
SCCH-11 2 MVC.No.4459/2018
# 1125, 9th Main Road,
4th Cross, Srinivasa Nagara,
BSK 1st Stage,
Bengaluru - 560 050.
(Owner of the vehicle bearing
Regn.No.KA-04-HJ-9414).
2. New India Assurance Co., Ltd.,
CDU VIII, No.42,
Gopal Complex, 2nd Floor,
Bazar Street,
Yeshavanthapura,
Bengaluru - 560 010.
(Resp.No.1 - Exparte)
(Resp.No.2 - By Sri.B.R.Venkatesh Kamath, Adv.)
JUDGMENT
This petition is filed by the petitioner U/s.166 of Motor Vehicle Act, claiming compensation of Rs.40,00,000/- along with interest from the date of petition till its realization for injuries sustained by the petitioner.
2. The case of the petitioner in brief is that on 28.09.2017 at about 8.30 to 9.00 a.m., when petitioner was crossing the road, opposite to IAF main gate, Yelahanka, Bengaluru, at that time the rider of bike bearing Regn.No.KA- SCCH-11 3 MVC.No.4459/2018 04-HJ-9414 at very high speed in a rash and negligent manner and dashed against the petitioner. Due to which petitioner sustained multiple bleeding injuries. Immediately, he was shifted to Columbia Asia Hospital, Bellary Road, Hebbala, Bengaluru and then shifted to Apollo Hospital, Sheshadripuram, Bengaluru, wherein he took treatment as an inpatient. The petitioner has spent Rs.24,50,000/- towards medicines, operations, attendant, physiotherapy charges, food nourishment expenses and future medical expenses.
Prior to the accident, he was hale and healthy and working as Supervisor in "Thirumala Construction" No.128, Bharathinagar, HM Halli, Near Srinivasa Store, Bengaluru and earning a sum of Rs.23,000/- per month. Due to the accidental injuries, he suffered permanent disability. The accident occurred due to rash and negligent riding of rider of bike. The respondents being the owner and insurer of the offending vehicle are jointly and severally liable to pay compensation to the petitioner.
SCCH-11 4 MVC.No.4459/2018
3. In spite of service of notice, respondent No.1 did not appear before the tribunal and hence, he has been placed as ex-parte. The respondent No.2 appeared before the tribunal through his counsel and filed its written statement.
4. The brief contents of written statement of respondent No.2 is as under:
The respondent No.2 has filed counter to petition by denying the petition averments. He has further disputed the manner of accident, age of injured and quantum of compensation claimed under different heads. Further contended that this respondent insurance company has not issued any policy against vehicle TVS Apache bearing Regn.No.KA-04-HJ-9414 and the liability if any is subject to the terms and conditions of policy. Further contended that the New India Assurance Company Limited has issued the policy against the first respondent vehicle TVS Apache bearing No.KA-04-HJ-9414 and was covered by Policy SCCH-11 5 MVC.No.4459/2018 No.67160031440100012486 and valid for the period from 08.03.2015 to 07.03.2016 and as on the date of accident i.e., on 28.09.2017 the said policy was not inforce. Further contended that the driver of insured vehicle, the respondent No.1 being the owner of vehicle had so entrusted the insured vehicle to a driver who did not possess valid and effective driving license and there is no valid fitness certificate and RC.
The amount claimed by the petitioner is highly exorbitant. Hence, prayed for dismissal of the petition.
5. On the basis of above pleadings, my learned predecessor in office has framed the following:
ISSUES
1. Whether petitioner proves that, he sustained grievous injuries in the accident that occurred on 28.09.2017 at about 8.30 - 9.00 a.m., opposite IAF Main Gate, B.B.Road, Yelahanka, Bengaluru, while he was crossing the road, due to the rash and negligent riding of motor cycle bearing registration No.KA-04-HJ-
9414 by its driver?
SCCH-11 6 MVC.No.4459/2018
2. Whether the petitioner is entitled for compensation as prayed in the claim petition? If so, what is the quantum of compensation and from whom?
3. What order or award?
6. In order to prove case of petitioner, the petitioner has examined himself as PW.1 and got marked documents at Ex.P.1 to Ex.P.17 and closed his side of evidence. The Assistant Manager in respondent insurance company got examined himself as RW.1 and got marked 5 documents at Ex.R.1 to Ex.R.5 and closed his side of evidence.
7. I have heard the arguments from both sides and perused the material available on record.
8. Findings of this tribunal on the above issues are as under:-
Issue No.1 : In the Affirmative;
Issue No.2 : Partly in the Affirmative;
Issue No.3 : As per final order for the following:-
SCCH-11 7 MVC.No.4459/2018
-:REASONS:-
9. Issue No.1:- The petitioner has contended that on 28.09.2017 at about 8.45 to 9.00 a.m., Opposite to IAF Main Gate, B.B.Road, Yelahanka, Bengaluru City, he met with an accident due to rash and negligent riding of TVS Apache bike bearing Regn.No.KA-04-HG-9414 by its rider and he sustained grievous injuries.
10. In order to prove rash and negligent riding of TVS Apache bike bearing Regn.No.KA-04-HG-9414 by its rider, the petitioner has examined himself as PW.1. In his chief examination he has deposed that due to rash and negligent riding of TVS Apache bike bearing Regn.No.KA-04-HG-9414 by its rider the accident occurred. On perusal of cross- examination of PW.1 nothing has been elicited from the mouth of PW.1 to disprove the case of petitioner.
11. Further, in order to prove accident, the petitioner has produced Ex.P.1 FIR and Ex.P.2 Complaint. On perusal of SCCH-11 8 MVC.No.4459/2018 Ex.P.2, one of witness by name Sri.Govindaraju, S/o.Venkataiah has lodged a complaint with police on 28.09.2017. After registering the case Police went near place of accident and drew up Sketch and Spot Panchanama as per Ex.P.3 & 4 by narrating the place of accident. Ex.P.8 MV Report shows damages caused to vehicle. Ex.P.9 Wound certificate and Ex.P.11 to 14 - Discharge Summaries issued by Apollo Hospital show that petitioner has sustained grievous injuries in the road traffic accident and doctor has opined that injuries are grievous in nature. After completion of investigation, the police have filed charge sheet at Ex.P.10 against the rider of offending vehicle for the offences punishable U/s.279 & 338 of IPC, U/s.196, 146 of M.V.Act. In order to prove negligence of petitioner, the Assistant Manager in respondent insurance company got examined as RW.1 and got marked documents at Ex.R.1 to Ex.R.5 i.e., authorization letter, copy of policy, letter, postal cover and policy enquiry letter. The respondents nothing placed before the tribunal to prove negligence of SCCH-11 9 MVC.No.4459/2018 petitioner. Under these circumstances, relying upon the oral evidence of PW.1 coupled with the documents produced as per Exs.P.1 to P.10, this tribunal is of the opinion that the accident has occurred due to rash and negligent riding of TVS Apache bike bearing Regn.No.KA-04-HG-9414 by its rider and same has resulted in grievous injuries to the Petitioner. Accordingly, Issue No.1 held in the Affirmative.
12. Issue No.2: In view of held issue No.1 in the Affirmative, the petitioner is entitled for compensation. To assess the compensation, the Tribunal has to look into several factors like injury, pain and suffering sustained by the petitioner and amount spent by the petitioner towards medical expenses, food and extra nourishment and medical attendants, conveyance, loss of income during treatment, disability, loss of amenities etc., let me discussion one by one.
13. The petitioner contended that due to accident he sustained multiple bleeding injuries to his head, hip and right SCCH-11 10 MVC.No.4459/2018 leg and all over the body and underwent operations and discharged with an advice to take regular follow up treatment. In order to prove the injuries caused to him, he has produced wound certificate issued by Columbia Asia Hospital marked at Ex.P.9, wherein it discloses that petitioner has sustained injuries and doctor has opined that injuries are grievous in nature. The petitioner also produced discharge summaries marked at Ex.P.11 to 14, wherein the petitioner took treatment as an inpatient from 28.09.2017 to 25.10.2017, 24.11.2017 & 25.11.2017, 31.12.2017 to 03.01.2018 & again from 24.10.2019 & 25.10.2019 totally i.e., for a period of 36 days. In order to prove disability, the petitioner neither produced disability certificate nor examined the doctor to show that he has permanent disability. The petitioner has produced 45 Medical bills for Rs.12,34,605/- marked at Ex.P.15 and 124 medical prescriptions marked at Ex.P.16. The respondent did not disprove the medical bills placed by the petitioner. The petitioner has not examined the doctor to prove his disability. SCCH-11 11 MVC.No.4459/2018 So, in the absence of proper evidence, this tribunal cannot award compensation under the head of future loss of income and other heads. By considering the facts and circumstances of the case and also the injuries sustained by the petitioner, the petitioner is entitled for Global compensation of Rs.13,34,605/- (including medical bill) and the petitioner is also entitled for interest @ 9% per annum from the date of petition till its realization.
14. The respondent No.2 insurance company examined its Legal Manager as RW.1. In his chief examination, he has deposed that this respondent insurance company has not issued any policy against the first respondent vehicle, TVS Apache Motor Cycle bearing Regn.No.KA-04-HJ-9414. The New India Assurance Company Ltd., has issued the policy against the first respondent vehicle TVS Apache Motor cycle, the policy bearing No.67160031440100012486 and the same is valid for the period from 08.03.2015 to 07.03.2016, the date of accident is 28.09.2017, hence the said policy was not valid SCCH-11 12 MVC.No.4459/2018 at the time of accident. Further deposed that the concerned police has charged U/s.279, 338 of IPC and 196, 146 of M.V.Act against the TVS Apache motor cycle, the rider and owner Mr.Rajkishore.M., S/o.Rajanna.G,. RW.1 has marked Ex.R.2 - Copy of insurance policy, as per this documents policy was not in force as on the date of accident. The respondent No.1 did not appear before tribunal to show his vehicle duly insured as on the date of accident and respondent No.1 did not rebut the evidence of insurance company. On perusal of oral evidence and documents produced by RW1 the policy was not in force as on the date of accident. Hence, respondent No.1 being owner of motor cycle is liable to pay compensation. Accordingly, Issue No.2 is held Partly in the Affirmative.
15. Issue No.3: In view of the findings given on the above said issues, I proceed to pass the following:
ORDER The claim petition filed by the petitioner Under Section 166 of Motor Vehicles Act is hereby partly SCCH-11 13 MVC.No.4459/2018 allowed with cost.
The petitioner is entitled for total compensation amount of Rs.13,34,605/- (Rupees Thirteen Lakhs Thirty Four Thousand Six Hundred and Five only) with interest at 9% p.a., from the date of petition till realization.
The petition against the respondent No.2, insurer is hereby dismissed.
Respondent No.1 being owner is liable to pay the compensation to the petitioner and deposit the said compensation amount within a period of one month from the date of award.
The petitioner has spent Rs.13,34,605/- for his medical treatment, hence release the entire amount to the petitioners.
After deposit of compensation amount with interest thereon disburse amount as mentioned above as per guidelines laid down by Hon'ble High Court in MFA.No.2509/2019 (ECA) and as per General Circular No.2/2019 dated 19.8.2019.
The petitioner hereby directed to produce SCCH-11 14 MVC.No.4459/2018 particulars of his Bank Account, with name of Bank, IFSC Code, Account Number with copy of First Page of Bank Pass Book which contained compulsorily photographs of petitioner, which is duly attested by concerned Bank. Further petitioner shall produce PAN Card/Aadhaar Card.
In case of deposit of awarded amount with interest thereon by respondent, the petitioner is entitled to receive amount as mentioned above after expiry of period provided for filing an appeal.
The Advocate fee is fixed at Rs.1,000/-. Draw up award accordingly.
(Dictated to the stenographer over computer, corrected and pronounced by me in open court on this 17th day of February, 2022.) (D.RAGHAVENDRA) I ADDL.SMALL CAUSES JUDGE & ACMM ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONERS:
PW.1 - Sri.Venkat Surendra.G
SCCH-11 15 MVC.No.4459/2018
DOCUMENTS MARKED FOR PETITIONERS:
Ex.P1 FIR
Ex.P2 Complaint
Ex.P3 Sketch
Ex.P4 Mahazar
Ex.P.5 133 Notice
Ex.P6 Reply
Ex.P7 Indemnity Bond
Ex.P8 IMV Report
Ex.P9 Wound Certificate
Ex.P10 Charge Sheet
Ex.P11 to 14 Four Discharge Summaries
Ex.P15 45 Medical bills for Rs.12,34,605/-
Ex.P16 124 Prescriptions & lab reports
Ex.P17 2 X-rays
LIST OF WITNESSES ON BEHALF OF RESPONDENTS :
RW.1 Sri.K.T.Varadarajan LIST OF DOCUMENTS ON BEHALF OF RESPONDENTS :
Ex.R.1 Authorization letter
Ex.R.2 Copy of Insurance Policy
Ex.R.3 Copy of Letter
SCCH-11 16 MVC.No.4459/2018
Ex.R.4 Returned Postal Cover
Ex.R.5 Policy Enquiry Letter
I ADDL.SCJ. & MACT.