Bangalore District Court
Doddathamaiah vs K.Devendran on 29 January, 2015
BEFORE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL,
BANGALORE CITY.
SCCH-14
PRESENT: Basavaraj Chengti., B.Com.,LL.B.,(spl)
Member, MACT,
XVI ADDL. JUDGE,
Court of Small Causes,
BANGALORE.
MVC No.5268/2013
Dated this the 29th day of January 2015
Petitioner/s : Doddathamaiah
S/o Ankegowda,
Aged about 52 years,
R/o C/o Geetha Somashekar,
No.41, Vinayaka Layout,
7th Cross, Near Preethi Public School,
Mysore Road, Nayandahalli post,
Bangalore-39.
(By pleader Sri BMC)
V/s
Respondent/s 1. K.Devendran
S/o Kuppan,
No.10, 1st Block,
Railnagar,
Koyambeedu, Chennai,
Tamilnadu-600107.
(Owner of the Innova Car)
(Exparte)
2. Bajaj Allianz General
Insurance Co. Ltd.
GE. Plaza,
SCCH-14 2 MVC No.5268/2013
Air Port Road,
Yerawada,
Pune-411006.
Bajaj Allianz General Insurance
Co.Ltd.
Ground floor,
No.31, TBR Towers,
1st cross,
New Mission Road,
Adjacent to Jain College and
Bangalore stock Exchange,
Bangalore - 27.
(Insurer of the Innova Car)
(By pleader Sri RSS)
XVI ADDL. JUDGE,
Court of Small Causes,
BANGALORE.
SCCH-14 3 MVC No.5268/2013
JUDGMENT
This claim petition is filed by the petitioner U/Sec.166 of Motor Vehicles Act for grant of compensation for the injuries sustained by him in a road traffic accident.
2. Brief averments of the petition are as under:
On 14.08.2012 at around 10.00 A.M., the petitioner was proceeding on his motorcycle bearing No.KA-41-U-9413 in a careful and cautious manner on extreme left side of the road by following traffic rules, when he reached near Jairamdas Garments on Mysore Road, next to Railway gate, at that time, Toyota Innova car bearing No.TN-02-AK-6088 driven by its driver in a rash and negligent manner which was endangering to human life and recklessly, unmindfully without observing the movement of other vehicles and pedestrians came from behind and dashed against the petitioner's motorcycle. Due to impact, the petitioner fell down and sustained blunt injury and abrasions all over the body. Immediately, the petitioner was taken to Mysore Road Hi- Tech Hospital, Bangalore wherein he was admitted as an inpatient for more than a week and he underwent operation and discharged with an advise to take bed rest and follow up treatment. The petitioner spent more than Rs.27,000/- towards medical expenses, conveyance, nourishment and other incidental charges. The petitioner was hale and healthy prior to SCCH-14 4 MVC No.5268/2013 the accident and was working as a Chase Interior as supervisor and was earning Rs.10,000/- per month. Due to accidental injuries, he is suffering from severe pain and in deep mental agony and he became too weak, he can not stand, squat, climb stair, walk and can not bear weight on it and he can not lift weight, fold, twist as a result loss of earning and earning capacity. Byatarayanapura Traffic police have registered Cr.No.220/2012 against the driver of the Toyota Innova car bearing No.TN-02-AK-6088 for the offences punishable U/Sec.279 and 337 of IPC. The respondents are the owner and the insurer of the Toyota Innova Car and are jointly and severally liable to pay compensation. Hence, the petitioner has filed this petition for a compensation of Rs.5,97,000/- from the respondents with cost and interest.
3. In pursuance of the notice, the respondent no.2 has appeared before the Court through his counsel and filed his statement of objections. Inspite of service of notice, the respondent no.1 remained absent and hence, he is placed exparte. The respondent no.2 has admitted that he issued a policy in favour of respondent no.1 in respect of Toyota Innova Car bearing No.TN-20-AK-6088, but he denied the other averments of the petition as false and contended that the petition is not maintainable either in law or on facts, that the insured and the concerned police have not complied mandatory provisions of law, that the driver of Car was not holding valid and effective driving licence as on the date of accident, that the insured has committed breach of conditions of policy, that there SCCH-14 5 MVC No.5268/2013 is no negligence on the part of the driver of car, but there is negligence on the part of the petitioner himself, that the compensation claimed by the petitioner is highly excessive, exaggerated, arbitrary and speculative. Hence, he has sought for dismissal of the petition.
4. On the basis of above pleadings, the following issues were framed:
ISSUES
1. Whether the petitioner proves that he sustained grievous injuries in the nature of permanent disablement on 14.08.2012 at about 10.00 A.M. near Jairamadas Garments, on Mysore road next to railway gate, Bangalore, in an accident arising due to rash and negligent driving of the driver of Toyota Innova bearing no. TN-02-AK-6088?
2. Whether the petitioner is entitled for compensation? If so, how much and from whom?
3. What Order or Award?
5. During the evidence, the petitioner has examined himself as PW.1 and has got marked documents as Ex.P1 to 10. The respondent no.2 has not adduced any oral and documentary evidence on his behalf. However, he was permitted to contest the matter on all grounds.
6. Heard the arguments and perused the records.
7. My findings to the above issues are as under:-
SCCH-14 6 MVC No.5268/2013Issue No.1: In Affirmative.
Issue No.2: In Affirmative. For Rs.30,000/-
from the respondent no.2.
Issue No.3: As per final order:
for the following:
REASONS
8. ISSUE NO.1: The petitioner has examined himself as PW-1 and got marked copies of police records as Ex.P-1 to 6, medical records as Ex.P-7 to 9 and copy of ration card as Ex.P-
10. The respondent no.1 remained exparte, whereas the respondent no.2 has not adduced any evidence on his behalf.
9. PW-1: Doddathammaiah has reiterated the averments of the plaint and stated that on 14-8-2012 at 10.00 a.m., near Jairamdas Garments on Mysore road next to Railway gate, the driver of Toyata Innova bearing no.TN-02-AK-6088 drove his vehicle in rash and negligent manner and dashed against his motorcycle from behind, that due to impact, he fell down and sustained injuries all over body. Police records and wound certificate at Ex.P-1 to 6 corroborate the evidence of PW-1 and collectively substantiate the averments of the petition as to manner of accident and its result. The police have registered a case against the driver of Toyata Innova bearing no.TN-02-AK- 6088, investigated the matter and filed charge sheet against him for the offences punishable U/s 279, 337 and 304 A of IPC. The police records reveal that the driver of Toyata Innova bearing no.TN-02-AK-6088 caused the death of autorikshaw driver and caused simple injuries to the petitioner in the same accident by driving his vehicle in rash and negligent manner. The SCCH-14 7 MVC No.5268/2013 respondent no.2 has not made any efforts to examine the driver of Toyata Innova bearing no.TN-02-AK-6088 to explain the circumstances under which the accident has occurred. No eye witness is examined to rebut the evidence of PW-1 and contents of Ex.P-1 to 6. The charge sheet is the prima facie proof of negligence on the part of the driver of Toyata Innova bearing no.TN-02-AK-6088 in the occurrence of the accident. There is nothing on record to believe that the charge sheet is collusive or defective. The Toyata Innova bearing no.TN-02-AK-6088 came from behind. There is no evidence to believe that the accident was due to negligence of autorikshaw driver and of the petitioner. The brake system of the vehicle was in order and the driver of Toyata Innova bearing no.TN-02-AK-6088 could have avoided the accident by applying brakes. Wound certificate reveals that the petitioner sustained simple injury in the accident. There is no delay in filing the complaint and in the admission of the petitioner in the hospital. History of injury of petitioner is mentioned as RTA in the medical record. The panchanama and sketch disclose that the driver of Toyata Innova bearing no.TN-02-AK-6088 was at fault. Therefore, I hold that the petitioner has proved this issue and I answer the same in affirmative.
10. ISSUE NO.2: PW-1: Doddathammaiah has stated that he sustained blunt injury and abrasions all over body in the accident, that he took treatment in Mysore Road Hi-Tech hospital, Bangalore and underwent operation, that he took follow up treatment for six months and spent Rs.30,000/- for treatment, SCCH-14 8 MVC No.5268/2013 etc., that he is permanently disabled due to the accidental injuries. He has deposed about his age, occupation and income and stated that due to injuries, he lost his earning and earning capacity. Ex.P-5 to 10 corroborate the evidence of PW-1 in part and reveal that the petitioner sustained blunt injury to chest which was termed as simple in nature, that he took treatment in Mysore Road Hi-Tech hospital, Bangalore as an inpatient for 2 days, that he spent Rs.8,065/- towards medicines and hospital charges. Apart from such expenses, the petitioner might have incurred expenses towards nourishment, conveyance and attendant charges. The nature of injury indicates that the petitioner was under bed rest for a week, but there is no evidence to believe that the petitioner suffered permanent disability due to such injury resulting in loss of earning and earning capacity. There is no corroboration to the evidence of PW-1 as to his occupation, income and loss of earning capacity. However, the petitioner suffered pain for a week or two. He spent amount for treatment, nourishment, conveyance, attendant charges. His work hampered due to accident. He suffered few problems due to accident. Hence, I am of the opinion that the petitioner is entitled for just and reasonable compensation as under:
SCCH-14 9 MVC No.5268/20131 Pain and suffering Rs. 10,000/- 2 Medical expenses Rs. 9,000/-
3 Nourishment, conveyance Rs. 2,000/- and attendant charges 4 Inconvenience and Rs. 9,000/-
difficulties Total Rs.
30,000/-
The petitioner is entitled for interest @9% p.a., from the date of petition till the date of payment. The accident was due to rash and negligent driving of driver of Toyata Innova bearing no.TN-02-AK-6088. The respondents are the owner and insurer of said vehicle. Hence, the respondents are jointly and severally liable to pay compensation and interest as stated above. The respondent no.2 has failed to prove his defence regarding DL of driver of insured vehicle and regarding violation of terms and conditions by the respondent no.1. The policy was in force on the date of accident. Hence, the respondent no.2 is liable to deposit the amount before the Court. Consequently, I answer the issue as above
11. ISSUE NO.3: In view of above discussion and findings, I proceed to pass the following:
ORDER SCCH-14 10 MVC No.5268/2013 The petition filed by the petitioner U/Sec.166 of Motor Vehicles Act is hereby partly allowed with costs.
The petitioner is entitled for a compensation of Rs.30,000/- with interest @ 9% p.a., from the date of petition till the date of payment.
The respondents are jointly and severally liable to pay compensation of Rs.30,000/- to the petitioner with interest. In view of policy, the respondent no.2 is directed to deposit the amount before the court within one month from the date of award.
After deposit, entire amount with interest shall be released in favour of the petitioner through account payee cheque with proper identification.
Advocate's fee is fixed at Rs.1,000/-. Draw award accordingly.
(Dictated to the Stenographer, directly on computer and then corrected by me and pronounced in the open court, on this the 29th day of January 2015.) (Basavaraj Chengti) XVI ADDL.JUDGE & MACT., Court of Small Causes, Bangalore.SCCH-14 11 MVC No.5268/2013
ANNEXURE WITNESSES EXAMINED AND DOCUMENTS MARKED FOR PETITIONERS AND RESPONDENTS:
PW.1 Doddathammaiah Respondent' s NIL Ex.P1 Copy of FIR with complaint E.xP2 Copy of Panchanama Ex.P3 Copy of Sketch Ex.P4 Copy of IMV report Ex.P5 Copy of Wound Certificate Ex.P6 Copy of Charge Sheet Ex.P7 Prescriptions (10 in nos) Ex.P8 Medical Bills
(20 in nos amounting to Rs.8,065/-).
Ex.P9 Discharge Summary
Ex.P10 Copy of Ration Card
Respondent's NIL
XVI ADDL.JUDGE,
Court of Small Causes,
BANGALORE.
SCCH-14 12 MVC No.5268/2013
Dt.29.01.2015
P-BMC
R1-Exparte
R2-RSS
For Judgment
Order pronounced in open court
vide separate judgment.
ORDER
The petition filed by the petitioner U/Sec.166 of Motor Vehicles Act is hereby partly allowed with costs.SCCH-14 13 MVC No.5268/2013
The petitioner is entitled for a compensation of Rs.30,000/- with interest @ 9% p.a., from the date of petition till the date of payment.
The respondents are jointly and severally liable to pay compensation of Rs.30,000/- to the petitioner with interest. In view of policy, the respondent no.2 is directed to deposit the amount before the court within one month from the date of award.
After deposit, entire amount with interest shall be released in favour of the petitioner through account payee cheque with proper identification.
Advocate's fee is fixed at Rs.1,000/-. Draw award accordingly.
XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 14 MVC No.5268/2013
AWARD SCCH NO.14 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE CITY.
MVC No.5268/2013
Petitioner/s : Doddathamaiah
S/o Ankegowda,
Aged about 52 years,
R/o C/o Geetha Somashekar,
No.41, Vinayaka Layout,
7th Cross, Near Preethi Public School, Mysore Road, Nayandahalli post, Bangalore-39.
(By pleader Sri BMC) V/s Respondent/s 1. K.Devendran S/o Kuppan, No.10, 1st Block, Railnagar, Koyambeedu, Chennai, Tamilnadu-600107.
(Owner of the Innova Car) (Exparte)
2. Bajaj Allianz General Insurance Co. Ltd.
GE. Plaza, Air Port Road, Yerawada, Pune-411006.
Bajaj Allianz General Insurance Co.Ltd.
Ground floor, No.31, TBR Towers, 1st cross, New Mission Road, SCCH-14 15 MVC No.5268/2013 Adjacent to Jain College and Bangalore stock Exchange, Bangalore - 27.
(Insurer of the Innova Car) (By pleader Sri RSS) WHEREAS, this petition filed on by the petitioner/s above named U/sec.166 of the M.V.C. Act, praying for the compensation of Rs.
(Rupees ) for
the injuries sustained by the petitioner/Death of in a
motor Accident by vehicle No.
WHEREAS, this claim petition coming up before
Sri/Smt.Basavaraj Chengti, XVI Addl.Judge, Court of Small
Causes, Bangalore, in the presence of Sri/Smt. Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER The petition filed by the petitioner U/Sec.166 of Motor Vehicles Act is hereby partly allowed with costs.
The petitioner is entitled for a compensation of Rs.30,000/- with interest @ 9% p.a., from the date of petition till the date of payment.
The respondents are jointly and severally liable to pay compensation of Rs.30,000/- to the petitioner with interest. In view of policy, the respondent no.2 is SCCH-14 16 MVC No.5268/2013 directed to deposit the amount before the court within one month from the date of award.
After deposit, entire amount with interest shall be released in favour of the petitioner through account payee cheque with proper identification.
Advocate's fee is fixed at Rs.1,000/-. Draw award accordingly.
Given under my hand and seal of the Court this day of 2015.
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, METROPOLITAN AREA: Bangalore.
By the __________________________________ Petitioner/s Respondent No.1 No.2 __________________________________ Court fee paid on petition 10-00 Court fee paid on Powers 01-00 Court fee paid on I.A. Process Pleaders Fee _____________________________ Total Rs. ---------------------------------------
SCCH-14 17 MVC No.5268/2013
Decree Drafted Scrutinised by
MEMBER, M.A.C.T.
METROPOLITAN: BANGALORE
Decree Clerk SHERISTEDAR