Bangalore District Court
In M.V.C.No.1431 Of 2015 vs In All Cases on 30 April, 2016
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL
Court of Small Causes, Bengaluru, SCCH-3
DATED THIS THE 30th APRIL 2016
PRESENT:
Smt.GOMATI RAGHAVENDRA
LL.M, D.I.P.R, D.C.L
VII Addl. Judge & XXXII ACMM,
Court of Small Causes, Bengaluru.
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469,
1470 and 1471 OF 2015
Petitioner in M.V.C.No.1431 of 2015
Smt.Shivaleela Ambika,
W/o.Thammanna,
Aged about 54 years,
R/at No.E/611, Malagalu Village,
3rd Cross, Ramkrishnaiah Layout,
Nagarabhavi,
Bengaluru-560 091.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1432 of 2015
Sri.Rajashekar.G.E.,
S/o.Eshwarappa.G.N.,
Aged about 58 years,
R/at No.52/2, Hombisilu Nilaya,
Venugopalaswamy Temple, Lake Road,
Opp. Ist 'B' Cross,
Devasandra K R Puram,
Bengaluru-560 036.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1441 of 2015
Smt.Annapurnamma,
W/o.Rajashekar.G.E.,
SCCH-3 2
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Aged about 50 years,
R/at No.52/2, Hombisilu Nilaya,
Venugopalaswamy Temple,
Lake Road, 1st 'B' Cross,
Devasandra KR Puram,
Bengaluru-560 036.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1442 of 2015
Smt.Manjula,
W/o.Rudharamuni,,
Aged about 54 years,
R/at No.15, Laggere,
Kempegowda Layout,
Bengaluru North,
Bengaluru.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1443 of 2015
Miss.Chaitra,
D/o.Rajashekar,
Aged about 22 years,
R/at No.2, Hombisilu Nilaya,
Venugopalaswamy Temple,
Devasandra K R Puram, Lake Road,
Bengaluru-560 036.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1468 of 2015
Smt.Shobha,
W/o.Shivakumar,
Aged about 45 years,
R/at Muganayakan Kote,
Nitturu Talyuk,
Tumkur District.
And also residing at:
R/at No.15, Laggeri,
Kempegowda Layout,
SCCH-3 3
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Bengaluru North,
Bengaluru.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1469 of 2015
Smt.Hemalatha,
D/o.Thamanna,
Aged about 23 years,
R/at No.108, 2nd Stage,
3rd Cross, Ramkrishnaiah Layout,
Nagarabhavi,
Bengaluru-560 091.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1470 of 2015
Miss.Supritha,
D/o.Rudharamuni,
Aged about 22 years,
R/at No.126, Nandana Nilaya,
Ist Main, IIIrd Cross,
Kempegowda Layout,
Bengaluru.
(By Sri.C.S.K., Advocate)
Petitioner in M.V.C.No.1471 of 2015
Smt.Usha,
W/o.Kantappa,
Aged about 44 years,
R/at Gowrapura Village,
Tarikere Taluk,
Chikamagaluru District.
And also residing at:
R/at No.15, Laggeri,
Kempegowda Layout,
Bengaluru North,
Bengaluru.
(By Sri.C.S.K., Advocate)
SCCH-3 4
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
-Vs-
Respondents in all cases:
1. Sri.Thippeswami.G.M.,(driver)
S/o.Marisiddappa,
Aged about 28 years,
R/at Gowrapura Village,
Tarikere Taluk,
Chikamagaluru District.
(By Sri.H.D.S., Advocate)
2. Sri.Jagadish.G.S.(Owner),
S/o.Late Shekarappa,
Aged about 26 years,
R/at Giriyapura Village,
Giriyapura Post,
Kadur Taluk,
Chikamagaluru District.
(By Sri.H.D.S., Advocate)
3. National Insurance Company Ltd.,
First Floor, S.S.Complex,
Above Harsha,
Bengaluru Honnavar Road,
P.B.No.151,
Shimogha.
(By Sri.H.C.B., Advocate)
COMMON JUDGMENT
These nine petitions are filed by the petitioners
U/s.166 of the Motor Vehicles Act, 1989, for grant of
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M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
compensation on account of injuries sustained by them
in a road traffic accident.
Since these nine cases are arising out of the same
accident, as the respondents are one and the same, they
are clubbed together and common evidence is recorded
and taken together for the purpose of passing common
judgment.
2. The common contentions of the petitioners in all
the cases are as under:
That on 13.06.2014 at about 3.00 noon when the
petitioners were going in the tempo traveler bearing
No.KA-18-B-4214, the driver of the said vehicle drove he
same with high speed and in a rash and negligent
manner and dashed against road side rock went to the
road adjusted land fell down and all the petitioners
sustained grievous injuries and took treatment at
hospital and spent lot of money for their treatment.
It is also contended that petitioner in MVC
No.1431/2015 was aged about 54 years, daily worker
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M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
and earning Rs.18,000/-p.m., petitioner in MVC No.1432
of 2015 was aged about 58 years, working as police head
constable and earning Rs.36,979/-p.m., petitioner in
MVC No.1441/2015 was aged about 50 years, house
wife, petitioner in MVC No.1442/2015 was aged about 54
years, government employee and earning Rs.40,000/-
p.m., petitioner in MVC No.1443/2015 was aged about
20 years, student, petitioner in MVC No.1468/2015 was
aged about 45 years, doing agriculture and daily worker
and earning Rs.18,000/-p.m., petitioner in MVC
No.1469/2015 was aged about 23 years, government
employee and earning Rs.28,000/-p.m. petitioner in MVC
No.1470/2015 was aged about 22 years, student,
petitioner in MVC No.1471/2015 was aged about 44
years, doing agriculture and daily worker and earning
Rs.18,000/-p.m. and all the petitioners are suffering
from disabilities and discomforts. Hence petitioners pray
to award compensation of Rs.3,00,000/-each in MVC
No.1431, 1443, 1470/2015, Rs.10,00,000/- in MVC
No.1432/2015, Rs.5,00,000/- each in MVC
No.1441,1442, 1469 and 1471/2015, Rs.25,00,000/- in
MVC No.1468/2015.
3. Upon service of notices in all the cases,
respondent No.1-driver, respondent No.2-owner of the
offending vehicle and respondent No.3- insurance
SCCH-3 7
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
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company have appeared through their respective counsel
and only respondent No.3 filed written statement.
Further respondent No.3 contended that driver of the
offending vehicle does not possess valid and effective
driving licence at the time of accident. However
admitted the issuance of the insurance policy in respect
of the offending vehicle and its validity as on the date of
the accident. Further, contended that their liability is
subject to the terms and conditions of the policy.
Therefore, prays for dismissal of the petition.
4. On the basis of the above pleadings, the tribunal
has framed the following common issues in all the cases:
ISSUES
1. Whether the petitioners prove that they
met with an RTA that occurred on
13.06.2014 at about 3.00 p.m., on NH 206
road, Kerekodi, near Kumsi, Shimoga Taluk,
Shimoga and they sustained injuries due to
rash and negligent Tempo traveler bearing
No.KA-18-B-4214?
2. Whether the petitioners are entitled for
compensation? If so how much and from
whom?
3. What Order or award?
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M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
5. After framing issues, petitioners in all cases got
themselves examined as PW's-1 to 9 respectively, the
doctor who treated the petitioner in MVC No.1468/2015
is got examined as PW10 and the witnesses stated above
got marked documents at Ex-P1 to Ex.P.49. Respondent
No.2 submitted no evidence on its behalf.
6. Heard the arguments of learned counsel for the
petitioners and respondents.
7. My findings on the above issues in all cases are
as under:
Issue No.1 in
All the cases: In the Affirmative
Issue No.2 in
All the cases: Partly in the affirmative and
as per final order
Issue No.3 in
All the cases: As per final order,
for the following:
REASONS
8. Issue No.1 in all the cases:
PW1 to 9 have deposed that in the said accident on 13-
6-2014 at about 3.00p.m. they were going in the tempo
traveler bearing No.KA-18-B-4214, the driver of the said
SCCH-3 9
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
vehicle drove he same with high speed and in a rash
and negligent manner and dashed against road side rock
went to the road adjusted land fell down and all the
petitioners sustained grievous injuries and took
treatment at hospital and spent lot of money for their
treatment. They also stated that they are suffering from
disability and discomforts. In support of their
contentions, they relied on the police records such as
copies of complaint, FIR, panchanama, charge sheet
and sketch which are marked as Exs.P.1 to 5
respectively.
9. Apart from the oral evidence, the petitioners
have produced copy of FIR at Ex-P2 and copy of mahazar
at Ex-P3. Both documents clearly shows that Kumsi
police have registered case against the driver of the
tempo traveler bearing No.KA-18-B-4214 for the offence
punishable u/s 279, 337, 338 of IPC. Ex-P10, 13, 16, 19,
22, 25, 27, 30 and 34 wound certificates relating to the
petitioners in which the doctor has stated that petitioners
sustained injuries in a road traffic accident. The
registration of criminal case and filing of charge sheet
establishe negligence on the part of the driver of the
offending vehicle No.KA-18-B-4214. Ex-P5 sketch drawn
on the scene of occurrence also supports the case of the
petitioners.
SCCH-3 10
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
10. In the cross-examination of PWs1 to 9 nothing
has been elicited to dis-believe the version in their chief
examination. Though the respondent No.3 filed written
statement and denied the petition averments, not lead
any rebuttal evidence to disbelieve the evidence of PW1 to
9 pertaining to this issue. So, from the above evidence of
PWs.1 to 9, medical records and also the police records,
it is crystal clear that petitioners sustained injuries in
the alleged accident, due to actionable negligence of
driver of the offending vehicle. Hence, I answer issue No.1
in all the cases in the affirmative.
11. Issue No.2 in MVC No.1431 of 2015 :-
PW1/petitioner in this case by name Smt.Shivaleela
Ambika has deposed that in the said accident she
sustained grievous injuries and shifted to Syahyadri
Narayana Hrudayalaya, Harakere, Shivamoga and took
treatment as inpatient from 13-6-2014 to 14-6-2014 and
x-rays taken during the course of treatment revealed
fracture of blunt injury, chest etc., fracture ribs, left side
5th to 8th pleural effusion and Haemothorox and block
mole on forehead and other injuries for which she
underwent bed rest as advised by the doctor and
discharged on 14-6-2014 with Dr.Shiva Kumar advised
her for follow-up treatment. She also stated that she
SCCH-3 11
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
was shifted to M/s Vijayanagar Global hospital,
Bangalore and she is still continuing follow-up treatment.
She also stated that doctors have advised her to
undergo some more surgery for removal of implants
which involve huge expenses. She also stated that she is
suffering from disability and discomforts. In support of
her said contentions, she relied on the wound certificate
at Ex-P10.
12. From the above evidence of PW1 and the
medical records, it is forthcoming that in the said
accident, petitioner has sustained injuries i.e., blunt
injury, chest etc., fracture ribs, left side 5th to 8th pleural
effusion and Haemothorox for which petitioner took
treatment at Sahyadri Narayana Multispeciality hospital,
Shivamoga. So by considering the pain and sufferings of
the petitioner, it is just and proper to award a sum of
Rs.10,000/- towards pain and sufferings.
13. From the evidence of Pw-1 and medical records,
it also appears that because of the injuries sustained in
the accident the petitioner is having difficulty in
attending the day today activities as she was attending
earlier to the accident and also having discomforts. So
awarding of Rs.10,000/- for the loss of future amenities
and happiness would be justified.
SCCH-3 12
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
14. PW-1/petitioner has deposed that she spent
about Rs.1,50,000/- towards medical and incidental
charges. In this regard she has produced the medical
bills at Ex-P11 for Rs.93,629/-. The petitioner might
have also spent some amount towards conveyance,
special nourishment and other miscellaneous expenses
etc., So awarding of Rs.95,000/- for the medical and
incidental charges would be justified.
15. Pw-1/petitioner has further deposed that at the
time of accident she was doing agricultural work and
earning Rs.20,000/-p.m. and due to accidental injuries
she could not attend to her work and lost the income.
The petitioner has not produced any document regarding
her avocation and income. Hence under the attending
circumstances, in the absence of actual proof of income,
notional income of the petitioner is taken as Rs.6,000/-
p.m. she might have not attended to his work for about 2
months during the laid-up period. So awarding of
Rs.12,000/-for the loss of earnings during the period of
treatment would be justified.
16. Since the petitioner has not proved the
permanent disability suffered by her by examining the
doctor who treated her, no compensation could be
SCCH-3 13
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
awarded either for disability or for loss of future earnings
due to disability.
17. In view of the above reasonings, petitioner is
entitled for the compensation under the following Heads:
Pain and sufferings Rs. 10,000/-
Loss of amenities & Happiness Rs. 10,000/-
Medical and Incidental charges Rs. 95,000/-
Loss of earnings during the
period of treatment Rs. 12,000/-
Total Rs.1,27,000/-
Thus, the petitioner in this case is entitled for the total
compensation of Rs.1,27,000/-only.
18. Issue No.2 in MVC No.1432 of 2015 :-
PW2/petitioner in this case by name Rajashekar has
deposed that in the said accident he sustained grievous
injuries and shifted to Syahyadri Narayana
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient from 13-6-2014 to 14-6-2014 and x-rays
taken during the course of treatment revealed fracture of
cut lacerated wound on forehead, abrasion on leg, tear,
knee ankle joint more on right crest, cut lacerated wound
on head, soft tissue injury and discharged on 14-6-2014
with advise for followup treatment. He also stated that
SCCH-3 14
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
he was shifted to M/s Sri Ram hospital, Bangalore and
he is still continuing follow-up treatment. He also stated
that doctors have advised him to undergo some more
surgery for removal of implants which involve huge
expenses. He also stated that he is suffering from
disability and discomforts. Hence prays to award
compensation of Rs.10,00,000/-.
19. The petitioner in support of his said
contentions, relied on the wound certificate at Ex-P13
and medical bills at Ex-P14. From the above evidence of
PW2 and the medical records, it is forthcoming that in
the said accident, petitioner has sustained injuries i.e.,
fracture of cut lacerator wound plus on forehead,
abrasion on leg, tear, knee ankle joint more on right
crest, cut lacerated wound on head, soft tissue injury for
which petitioner took treatment at Sahyadri Narayana
Multispeciality hospital, Shivamoga. PW-2/petitioner
has deposed that he spent about Rs.3,00,000/- towards
medical and incidental charges. In this regard he has
produced the medical bills at Ex-P14 for Rs.13,520/-.
Pw-2/petitioner has further deposed that at the time of
accident he was police constable and earning
Rs.37,000/-p.m. and due to accidental injuries he could
not attend to his work and lost the income. The
petitioner has not produced any document regarding his
SCCH-3 15
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
avocation and income. Since the petitioner has not
proved the permanent disability suffered by him by
examining the doctor who treated him, no compensation
could be awarded either for disability or for loss of future
earnings due to disability. However because of the said
simple injuries sustained in the accident, petitioner has
suffered pain and he might have also spent amount for
medicine, conveyance and other miscellaneous expenses
during the period of treatment. So it is just and proper to
award a global compensation of Rs.30,000/-. Hence it is
held that the petitioner is entitled for the global
compensation of Rs.30,000/-only.
20. Issue No.2 in MVC No.1441 of 2015 :-
PW3/petitioner in this case by name Annapoorna has
deposed that in the said accident she sustained grievous
injuries and shifted to Syahyadri Narayana
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient from 13-6-2014 to 14-6-2014 and x-rays
taken during the course of treatment revealed contusion
of pelvic bone and discharged on 14-6-2014 with advise
for followup treatment. She also stated that she was
shifted to M/s Sri Ram hospital, Bangalore and she is
still continuing follow-up treatment. She also stated
that she is suffering from disability and discomforts.
Hence prays to award compensation of Rs.5,00,000/-.
SCCH-3 16
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
21. The petitioner in support of her contentions,
relied on the wound certificate at Ex-P16 and medical
bills at Ex-P17. From the above evidence of PW3 and the
medical records, it is forthcoming that in the said
accident, petitioner has sustained injuries i.e., contusion
of pelvic bone for which petitioner took treatment at
Sahyadri Narayana Multispeciality hospital, Shivamoga.
PW-3/petitioner has deposed that she spent about
Rs.1,50,000/- towards medical and incidental charges.
In this regard she has produced the medical bills at Ex-
P17 for Rs.990/-. Pw-3/petitioner has further deposed
that at the time of accident she was doing agricultural
work and earning Rs.20,000/-p.m. and due to
accidental injuries she could not attend to her work and
lost the income. The petitioner has not produced any
document regarding her avocation and income. Since
the petitioner has not proved the permanent disability
suffered by her by examining the doctor who treated her,
no compensation could be awarded either for disability or
for loss of future earnings due to disability. However
because of the said simple injuries sustained in the
accident, petitioner has suffered pain and she might have
also spent amount for medicine, conveyance and other
miscellaneous expenses during the period of treatment.
So it is just and proper to award a global compensation
SCCH-3 17
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
of Rs.20,000/-. Hence it is held that the petitioner is
entitled for the global compensation of Rs.20,000/-only.
22. Issue No.2 in MVC No.1442 of 2015 :-
PW4/petitioner in this case by name Manjula has
deposed that in the said accident she sustained grievous
injuries and shifted to Syahyadri Narayana
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient and x-rays taken during the course of
treatment revealed soft tissue injury and discharged on
14-6-2014 with advice for follow-up treatment. She also
stated that she is still continuing follow-up treatment.
She also stated that doctors have advised her to
undergo some more surgery for removal of implants
which involve huge expenses. She also stated that she is
suffering from disability and discomforts. Hence prays to
award compensation of Rs.5,00,000/-.
23. The petitioner in support of said contentions,
relied on the wound certificate at Ex-P19 and medical
bills at Ex-P20. From the above evidence of PW4 and the
medical records, it is forthcoming that in the said
accident, petitioner has sustained injuries i.e., soft tissue
injury for which petitioner took treatment at Sahyadri
Narayana Multispeciality hospital, Shivamoga. PW-
4/petitioner has deposed that she spent about
SCCH-3 18
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Rs.2,00,000/- towards medical and incidental charges.
In this regard she has produced the medical bills at Ex-
P20 for Rs.940/-. Pw-4/petitioner has further deposed
that at the time of accident she was working as
Supervisor in Anganawadi and earning Rs.40,000/-p.m.
and due to accidental injuries she could not attend to her
work and lost the income. The petitioner has produced
Ex-P47-salary certificate. The petitioner has not
examined the person who issued the said salary
certificate to substantiate its contents. Since the
petitioner has not proved the permanent disability
suffered by her by examining the doctor who treated her,
no compensation could be awarded either for disability or
for loss of future earnings due to disability. However
because of the said simple injuries sustained in the
accident, petitioner has suffered pain and she might have
also spent amount for medicine, conveyance and other
miscellaneous expenses during the period of treatment.
So it is just and proper to award a global compensation
of Rs.15,000/-. Hence it is held that the petitioner is
entitled for the global compensation of Rs.15,000/-only.
24. Issue No.2 in MVC No.1443 of 2015 :-
PW5/petitioner in this case by name Miss.Chaitra has
deposed that in the said accident she sustained grievous
injuries and shifted to Syahyadri Narayana
SCCH-3 19
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient and x-rays taken during the course of
treatment revealed CLW left leg 3 x 6cms, soft tissue
injury over mandible and discharged on 14-6-2014 with
advise for follow-up treatment. She also stated that
again she was shifted to N.H.Narayana Multispeciality
hospital. She also stated that she is still continuing
follow-up treatment. She also stated that doctors have
advised her to undergo some more surgery for removal of
implants which involve huge expenses. She also stated
that she is student. She also stated that she is suffering
from disability and discomforts. Hence prays to award
compensation of Rs.3,00,000/-.
25. The petitioner in support of her contentions,
relied on the wound certificate at Ex-P22 and medical
bills at Ex-P23. From the above evidence of PW5 and the
medical records, it is forthcoming that in the said
accident, petitioner has sustained injuries i.e., CLW left
leg 3 x 6cms, soft tissue injury over mandible for which
petitioner took treatment at Sahyadri Narayana
Multispeciality hospital, Shivamoga. PW-5/petitioner
has deposed that she spent about Rs.1,50,000/-
towards medical and incidental charges. In this regard
she has produced the medical bills at Ex-P23 for
Rs.23,149/-. Pw-5/petitioner has further deposed that
SCCH-3 20
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
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at the time of accident she was student, so there is no
income. Since the petitioner has not proved the
permanent disability suffered by her by examining the
doctor who treated her, no compensation could be
awarded either for disability or for loss of future earnings
due to disability. However because of the said simple
injuries sustained in the accident, petitioner has suffered
pain and she might have also spent amount for medicine,
conveyance and other miscellaneous expenses during the
period of treatment. So it is just and proper to award a
global compensation of Rs.30,000/-. Hence it is held
that the petitioner is entitled for the global compensation
of Rs.30,000/-only.
26. Issue No.2 in MVC No.1468 of 2015 :-
PW6/petitioner in this case by name Shobha has
deposed that in the said accident she sustained grievous
injuries and shifted to Syahyadri Narayana
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient from 13-6-2014 to 14-6-2014 and x-rays
taken during the course of treatment revealed
subtrochanteric fracture left femur with nasal bone
fracture for which she underwent major surgery to her
teeth and discharged on 14-6-2014 with advice for
follow-up treatment. She also stated that she was
shifted to MC hospital, Tumkur for left side leg and
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M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
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admitted for teeth of KLE Society`s Research Center,
Yeshwanthapura, Bangalore and she is
still continuing follow-up treatment. She also stated
that doctors have advised her to undergo some more
surgery for removal of implants which involve huge
expenses. She also stated that she is suffering from
disability and discomforts. Hence prays to award
compensation of Rs.25,00,000/-. In support of her said
contentions, she relied on the wound certificate at Ex-
P25.
27. PW-10 doctor has stated in his affidavit that
petitioner got admitted to M.C.Orthopaedic Arthroscopy
and joint replacement center, Tumkur on 15-6-2014 with
history of RTA as per IP. He also stated that IP case
sheet shows pain swelling left thigh, decrease OM let
hip and knee, tender left thigh, tender distal 3rd thigh,
sutured wound upper lip, fracture subtrochantric femur.
He also stated that petitioner got operated on 18-6-2014
and discharged on 30-6-2014. He also stated that
petitioner got admitted on 1-7-2014 and discharged on
16-7-2014. He also stated that again on 22-3-2016 he
examined the petitioner. He also stated that petitioner
got 52% total permanent physical disability from left
lower limb and 17% to the whole-body. He also stated
SCCH-3 22
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
that he advised the petitioner for removal of implant
which cost Rs.30,000/- to Rs.40,000/-.
28. From the above evidence of PW6 and PW-10
and the medical records, it is forthcoming that in the
said accident, petitioner has sustained injuries i.e.,
subtrochanteric fracture left femur with nasal bone
fracture for which petitioner took treatment at Sahyadri
Narayana Multispeciality hospital, Shivamoga. So by
considering the pain and sufferings of the petitioner, it is
just and proper to award a sum of Rs.40,000/- towards
pain and sufferings.
29. From the evidence of Pw-6 and medical records,
it also appears that because of the injuries sustained in
the accident the petitioner is having difficulty in
attending the day today activities as she was attending
earlier to the accident and also having discomforts. So
awarding of Rs.20,000/- for the loss of future amenities
and happiness would be justified.
30. PW-6/petitioner has deposed that she spent
about Rs.10,50,000/- towards medical and incidental
charges. In this regard she has produced the medical
bills at Ex-P11 for Rs.3,31,409/-. The medical bills
Sl.No.39, for Rs.1,200/- for x-ray, Sl.No.43-advance
SCCH-3 23
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Rs.40,000/-, S.No.68-Rs.300/-, Sl.No.106-Rs.20,000/-
Sl.No.107-Rs.400/-, Sl.No.108-Rs.900/-, Sl.No.132-
Rs.300/-, Sl.No.133-Rs.600/-, Sl.No.136-Rs.600/-,
Sl.No.140-Rs.600/-, Sl.No.141-Rs.50/-, Sl.No.182/--
Rs.600/- and Sl.No.142-Rs.800/-. The said bills do not
contain seal and signature. So the said amount of
Rs.66,350/-is not considered. The medial bills comes to
Rs.2,65,059/-. The petitioner might have also spent
some amount towards conveyance, special nourishment
and other miscellaneous expenses etc., So awarding of
Rs.2,70,000/- for the medical and incidental charges
would be justified.
31. Pw-6/petitioner has further deposed that at the
time of accident she was doing agricultural work and
earning Rs.20,000/-p.m. and due to accidental injuries
she could not attend to her work and lost the income.
The petitioner has not produced any document regarding
her avocation and income. Hence under the attending
circumstances, in the absence of actual proof of income,
notional income of the petitioner is taken as Rs.6,000/-
p.m. She might have not attended to her work for about 3
months during the laid-up period. So awarding of
Rs.18,000/-for the loss of earnings during the period of
treatment would be justified.
SCCH-3 24
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
32. PW-10 doctor has opined that the petitioner is
having 52% total permanent physical disability from left
lower limb and 17% to the whole-body. PW-10 has
stated in his cross examination that fractures are united.
So it appears that the whole-body disability stated by
PW-2 appears to be on higher side. Under the said
circumstances, the whole-body disability is taken as
12%. If the notional income of the petitioner is taken as
Rs.6,000/-p.m. The loss of future earnings due to
disability would be Rs.720/-p.m. The age of the petitioner
on the date of accident appears to be 40 years as per
wound certificate at Ex-P8. The multiplier applicable to
the said age is 15. So the total loss of future earnings
due to disability would be ( 720 x 12 x 15) Rs.1,29,600/-
only and the petitioner is entitled for the same.
33. PW-10 doctor has opined that petitioner needs
one more surgery for removal of implant which cost
Rs.30,000/- to Rs.40,000/-. So awarding of
Rs.25,000/- for the future medical expenses would be
justified.
34. In view of the above reasonings, petitioner is
entitled for the compensation under the following Heads:
Pain and sufferings Rs. 40,000/-
Loss of amenities & Happiness Rs. 20,000/-
SCCH-3 25
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Medical and Incidental charges Rs. 2,70,000/-
Loss of earnings during the
period of treatment Rs. 18,000/-
Loss of future earnings due
to disability Rs. 1,29,600/-
Future medical expenses Rs. 25,000/-
Total Rs. 5,02,600/-
Thus, the petitioner is entitled for the total compensation
of Rs.5,02,600/- only.
35. Issue No.2 in MVC No.1469 of 2015 :-
PW7/petitioner in this case by name Hemalatha has
deposed that in the said accident she sustained grievous
injuries and shifted to Syahyadri Narayana
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient. She also stated that she sustained LCW left
thigh, painful movement of right elbow and right
shoulder joint and painful movement over left side. She
also stated that she was discharged from the hospital on
14-6-2014 and advised for follow-up treatment. She
also stated that she is still continuing follow-up
treatment. She also stated that doctors have advised
her to undergo some more surgery for removal of
implants which involve huge expenses. She also stated
SCCH-3 26
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
that she is suffering from disability and discomforts.
Hence prays to award compensation of Rs.5,00,000/-.
36. The petitioner in support of her said
contentions, relied on the wound certificate at Ex-P27
and medical bills at Ex-P28. From the above evidence of
PW7 and the medical records, it is forthcoming that in
the said accident, petitioner has sustained injuries i.e.,
LCW left thigh, painful movement of right elbow and right
shoulder joint and painful movement over left side. PW-
7/petitioner has deposed that she spent about
Rs.2,00,000/- towards medical and incidental charges.
In this regard she has produced the medical bills at Ex-
P28 for Rs.21,173/-. Pw-7/petitioner has further
deposed that at the time of accident she was working as
FDC in Kandaya Bhavan and earning Rs.28,000/-p.m.
and due to accidental injuries she could not attend to her
work and lost the income. The petitioner has not
produced any document regarding her avocation and
income. Since the petitioner has not proved the
permanent disability suffered by her by examining the
doctor who treated her, no compensation could be
awarded either for disability or for loss of future earnings
due to disability. However because of the said simple
injuries sustained in the accident, petitioner has suffered
pain and she might have also spent amount for medicine,
SCCH-3 27
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
conveyance and other miscellaneous expenses during the
period of treatment. So it is just and proper to award a
global compensation of Rs.30,000/-. Hence it is held that
the petitioner is entitled for the global compensation of
Rs.30,000/-only.
37. Issue No.2 in MVC No.1470 of 2015 :-
PW8/petitioner in this case by name Suprita has
deposed that in the said accident she sustained grievous
injuries and shifted to Syahyadri Narayana
Hrudayalaya, Harakere, Shivamoga and took treatment
as inpatient from 13-6-2014 to 14-6-014. She also
stated that she sustained painful movement of right
elbow and right shoulder joint and painful left lower
movement. She also stated that she was discharged from
the hospital on 14-6-2014 and advised for follow-up
treatment. She also stated that she is
still continuing follow-up treatment. She also stated
that doctors have advised her to undergo some more
surgery for removal of implants which involve huge
expenses. She also stated that she is suffering from
disability and discomforts. Hence prays to award
compensation of Rs.3,00,000/-.
38. The petitioner in support of her contentions,
relied on the wound certificate at Ex-P30 and medical
SCCH-3 28
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
bills at Ex-P31(a). From the above evidence of PW8 and
the medical records, it is forthcoming that in the said
accident, petitioner has sustained injuries i.e., painful
movement of right elbow and right shoulder joint and
painful left lower movement. PW-8/petitioner has
deposed that she spent about Rs.1,50,000/- towards
medical and incidental charges. In this regard she has
produced the medical bills at Ex-P31(a) for Rs.11,036/-.
Pw-8/petitioner has further deposed that at the time of
accident she was student. Hence there is no income.
Since the petitioner has not proved the disability suffered
by her by examining the doctor who treated her, no
compensation could be awarded either for disability or for
loss of future earnings due to disability. However because
of the said simple injuries sustained in the accident,
petitioner has suffered pain and she might have also
spent amount for medicine, conveyance and other
miscellaneous expenses during the period of treatment.
So it is just and proper to award a global compensation
of Rs.20,000/-. Hence it is held that the petitioner is
entitled for the global compensation of Rs.20,000/-only.
39. Issue No.2 in MVC No.1471 of 2015 :-
PW9/petitioner in this case by name Usha has deposed
that in the said accident she sustained grievous injuries
and shifted to Syahyadri Narayana Hrudayalaya,
SCCH-3 29
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
Harakere, Shivamoga and took treatment as inpatient
from 13-6-2014 to 14-6-2014 and x-rays taken during
the course of treatment revealed fracture of right foot,
blunt injury chest, fracture of 4th rib right side and
discharged on 14-6-2014 with advise for follow-up
treatment. She also stated that she was shifted to MC
hospital, Tumkur for left side leg and admitted for teeth
of KLE Society`s Research Center, Yeshwanthapura,
Bangalore and she is still continuing
follow-up treatment. She also stated that doctors have
advised her to undergo some more surgery for removal of
implants which involve huge expenses. She also stated
that she is suffering from disability and discomforts. In
support of her contentions, she relied on the wound
certificate at Ex-P34.
40. From the above evidence of PW9 and the
medical records, it is forthcoming that in the said
accident, petitioner has sustained injuries i.e., fracture of
right foot, blunt injury chest, fracture of 4th rib right
side for which petitioner took treatment at Sahyadri
Narayana Multispeciality hospital, Shivamoga. So by
considering the pain and sufferings of the petitioner, it is
just and proper to award a sum of Rs.20,000/- towards
pain and sufferings.
SCCH-3 30
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
41. From the evidence of Pw-9 and medical records,
it also appears that because of the injuries sustained in
the accident the petitioner is having difficulty in
attending the day today activities as she was attending
earlier to the accident and also having discomforts. So
awarding of Rs.10,000/- for the loss of future amenities
and happiness would be justified.
42. PW-9/petitioner has deposed that she spent
about Rs.1,50,000/- towards medical and incidental
charges. In this regard she has produced the medical
bills at Ex-P35 for Rs.12,733/-. The petitioner might
have also spent some amount towards conveyance,
special nourishment and other miscellaneous expenses
etc., So awarding of Rs.15,000/- for the medical and
incidental charges would be justified.
43. Pw-9/petitioner has further deposed that at the
time of accident she was doing agricultural work and
earning Rs.20,000/-p.m. and due to accidental injuries
she could not attend to her work and lost the income.
The petitioner has not produced any document regarding
her avocation and income. Hence under the attending
circumstances, in the absence of actual proof of income,
notional income of the petitioner is taken as Rs.6,000/-
p.m. she might have not attended to his work for about 3
SCCH-3 31
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
months during the laid-up period. So awarding of
Rs.18,000/-for the loss of earnings during the period of
treatment would be justified.
44. Since the petitioner has not proved the
permanent disability suffered by her by examining the
doctor who treated her, no compensation could be
awarded either for disability or for loss of future earnings
due to disability.
45. In view of the above reasonings, petitioner is
entitled for the compensation under the following Heads:
Pain and sufferings Rs. 20,000/-
Loss of amenities & Happiness Rs. 10,000/-
Medical and Incidental charges Rs. 15,000/-
Loss of earnings during the
period of treatment Rs. 18,000/-
Total Rs. 63,000/-
Thus, the petitioner is entitled for the total compensation
of Rs.63,000/- only.
46. LIABILITY:. While discussing previous issue,
this tribunal has reached to the conclusion that the
accident in question in all the petitions taken place due
to the rash and negligent driving of the Tempo Traveller
SCCH-3 32
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
bearing Reg.No.KA-18-B-4214 by its driver. Having held
so, now the question before the tribunal is against whom
the liability to pay compensation to be fastened.
According to petitioners, in all the petitions and
respondents are liable to pay compensation to them.
47. Respondent No.1 & 2 although appeared
through their counsel, but failed to resist the petition. It
appears that they have indirectly admitted the claim of
the petitioners. If at all they had any grievance against
the claim petition, nothing prevented them to appear and
contest the same. Respondent No.1 is the driver of the
offending vehicle tempo traveler, who has already been
charge sheeted for the offence punishable U/s.279, 337,
338 of IPC. The respondent No.2 is the owner of the said
tempo traveler. As far as fastening the liability to pay
compensation is concerned, the liability is fixed on the
owner and not the driver. The respondent No.3 on the
other hand has resisted petition by filing written
statement, wherein he has admitted issuance of
SCCH-3 33
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443,
1468, 1469, 1470 and 1471 OF 2015
,
insurance policy in respect of the tempo traveler vehicle
and its validity as on the date of the accident. According
to this respondent, it is not liable to pay compensation to
the petitioners muchless the amount claimed by them.
Although this respondent contends that it is not liable to
pay compensation to the petitioners, but has failed to
substantiate the same with convincing materials. Under
such circumstances, respondent No.2 & 3, the owner and
insurer of the tempo traveler are jointly and severally
liable to pay compensation to the petitioners.
Accordingly, Issue No.2 in all the petitions is answered
Partly in the Affirmative.
48. Issue No.3: In the result, I proceed to pass the
following:
:ORDER:
The petitions filed by the petitioners in M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469, 1470 and 1471 of 2015 under Sec.166 of MV Act, 1989 are allowed in part.
The petitioner in MVC.No.1431/2015 is entitled for Rs.1,27,000/-, petitioner in MVC No.1432/2015 is SCCH-3 34 M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469, 1470 and 1471 OF 2015 , entitled for Rs.30,000/-, petitioner in MVC No.1441/2015 is entitled for Rs.20,000/-, petitioner in MVC No.1442/2015 is entitled for Rs.15,000/-, petitioner in MVC No.1443/2015 is entitled for Rs.30,000/-, petitioner in MVC No.1468/2015 is entitled for Rs.5,02,600/-, petitioner in MVC No.1469/2015 is entitled for Rs.30,000/-, petitioner in MVC No.1470/2015 is entitled for Rs.20,000/- and petitioner in MVC No.1471/2015 is entitled for Rs.63,000/-as compensation with cost and interest at 6% p.a. from the date of petition till the date of deposit.
The respondents No.2 and 3 are jointly and severally liable to pay the said compensation to the petitioners. However, the respondent No.3, the insurance company has to indemnify the respondents No.2 owner of the offending vehicle and shall deposit the said amount within 30 days from the date of this award.
After deposit of the compensation amount in MVC No.1431/2015, MVC No.1468/2015 and MVC No.1471/2015, 50% of the same shall be kept in FD in the name of the petitioners in any nationalized or schedule bank for a period of 3 years and the balance amount shall be released to them through account payee cheques.
SCCH-3 35M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469, 1470 and 1471 OF 2015 , Since the compensation amount in MVC No.1432/2015, MVC No.1441/2015, MVC No.1442/2015, MVC No.1443/2015, MVC No.1469/2015 and MVC No.1470/2015 is meager, entire amount shall be released to the respective petitioners through account payee cheque.
The Advocate fee is fixed at Rs.1,000/- each in all the cases.
Draw award accordingly.
Keep the original judgment in MVC.No.1431/2015 and copies thereof in other cases.
(Typed to my dictation through Online, corrected and then pronounced by me in open court, on this the 30th April 2016).
(GOMATI RAGHAVENDRA) VII Addl. Judge & XXXII ACMM, Bengaluru.
ANNEXURE List of witnesses examined for the petitioners in all cases:
PW1 Smt.Shivaleela Ambila
PW2 Sri,Rajashekar.G.N
PW3 Smt.Annapurana
PW4 Smt.Manjula
PW5 Miss.Chaitra
PW6 Smt.Shobha
PW7 Smt.Hemalatha
SCCH-3 36
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469, 1470 and 1471 OF 2015 , PW8 Miss.Suprita PW9 Smt.Usha PW10 Dr.Sunil.M.C. List of witnesses examined for the Respondents in all cases:
-NIL-
List of documents marked on behalf of the petitioners in all cases:
Ex.P1 : Certified copy of complaint, Ex.P2 : Certified copy of FIR, Ex.P3 : Certified copy of Panchanama, Ex.P4 : Certified copy of Charge Sheet, Ex.P5 : Certified copy of Sketch, Ex.P6 : Certified copy of notice to Respondent, Ex.P7 : Certified copy of e-stamp, Ex.P8 : Certified copy of insurance, Ex.P9 : Certified copy of statement of witness, Ex.P10 : Certified copy of Wound Certificate, Ex.P11 : Medical bills.
Ex.P12 : X-ray films.
Ex.P13 : Certified copy of Wound Certificate, Ex.P14 : Medical bills.
Ex.P15 : Certified copy of Statement of witness, Ex.P16 : Certified copy of Wound Certificate, Ex.P17 : Medical bills.
Ex.P18 : Certified copy of Statement of witness, Ex.P19 : Certified copy of Wound Certificate, Ex.P20 : Medical bills.
Ex.P21 : Certified copy of Statement of witness, Ex.P22 : Certified copy of Wound Certificate, Ex.P23 : Medical bills.
Ex.P24 : Certified copy of Statement of witness, Ex.P25 : Certified copy of Wound Certificate. Ex.P26 : Certified copy of Statement of witness, SCCH-3 37 M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469, 1470 and 1471 OF 2015 , Ex.P27 : Certified copy of Wound Certificate, Ex.P28 : Medical bills.
Ex.P29 : Certified copy of Statement of witness, Ex.P30 : Certified copy of Wound Certificate, Ex.P31 : Discharge Summary, Ex.P31(a): Medical bills. Ex.P32 : RTCs (2 in nos.), Ex.P33 : Certified copy of statement of witness, Ex.P34 : Certified copy of Wound Certificate, Ex.P35 : Medical bills.
Ex.P36: Adhara Card
Ex.P37: Salary Slip
Ex.P38: Aadhar Card
Ex.P39: Aadhar Card
Ex.P40: Medical bills (205 in nos.) Amounting to Rs.
3,31,409/-
Ex.P41: Certified copy of Dental Scan
Ex.P42: X-rays (26 in nos.)
Ex.P43: CT Scan Film
Ex.P43(a): Discharge Summary Ex.P44: Form of Certificate of Registration of vehicle Ex.P45: RC Smart Card Ex.P46: Aadhar Card Ex.P47 : Original Aadhar card. Ex.P48: Salary slip Ex.P48(a) Case sheet dtd.18.06.2014, :
Ex.P49 : Case sheet dtd.01.07.2014.SCCH-3 38
M.V.C.Nos. 1431, 1432, 1441, 1442, 1443, 1468, 1469, 1470 and 1471 OF 2015 , List of documents marked on behalf of the Respondents in all cases:-
-NIL-
(GOMATI RAGHAVENDRA) VII Addl. Judge & XXXII ACMM, Bengaluru.