Bangalore District Court
Yaseen Beg vs Abhishek B.T on 28 April, 2025
KABC020119012023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
(S.C.C.H. - 1)
Dated this the 28th day of APRIL, 2025
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C.No.2643/2023
Petitioner: Yaseen Beg,
S/o Fakrulla Beg,
Aged 19 years,
R/at Islampura,
Mylanahalli Post, Kasaba Hobli,
Nelamangala Taluk,
Bengaluru Rural District.
(By Sri Venkateshaiah, Advocate)
-Vs-
Respondents: 1. Abhishek B.S.,
S/o Shankarappa B.T.,
Aged Major, R/at No.94,
Skanda Nagar, Near Shanimahathma
Temple, Kodigehalli,
Bengaluru - 560091.
(Owner of the Maruthi Car bearing
Reg. No.KA-05-AG-3249)
(By Sri. T.K. Suresha Advocate)
2. The Divisional Manager,
United India Insurance Co. Ltd.,
6th floor, Krushi Bhavan,
Hudson circle, Bengaluru - 560001.
(Policy No.0718813122P11114255
valid from 01.02.2023 to 31.01.2023)
(By Sri H.C. Betsur, Advocate)
SCCH-1 2 MVC No.2643/2023
3. Syed Sadath,
S/o Shafi Sab,
Aged Major,
R/at Garaga, Thandya Post,
Srirampura Hobli, Hosadurga Taluk,
Chithradurga District.
(Owner of the motorcycle bearing Reg.
No.KA-16-EN-6731)
(Absent)
4. The Manager,
Liberty General Insurance Co. Ltd.,
No.1, Alyssa 1st floor, Rear Portion,
old No.28, New No.23, Richmond
road, Richmond town,
Bengaluru- 560025.
Policy No. & year
201250020119792600000 valid on
20.11.2019 to 19.11.2024.
(By Sri H.K. Ramamurthy, Advocate)
JUDGMENT
Petitioner asserting to be an injured suffered in a RTA filed petition under Section 166 of M.V.Act claiming compensation from the respondents who are the owner and insurer of the Car bearing Reg No.KA-05-AG-3249 and motorcycle bearing Reg. No.KA-16-E-6731 asserting that on 12.02.2023 at about 10.00 a.m. when traveling by sitting on the pillion of a motorcycle bearing Reg. No.KA- 16-E-6731 on the road near BESCOM office, Garaga village, Hosadurga Taluk, Chithradurga District, driver of a SCCH-1 3 MVC No.2643/2023 Car bearing Reg No.KA-05-AG-3249, drove the same negligently and dashed the same to the motorcycle, thereby caused accident, caused injuries to the petitioner.
2. Petitioner took treatment at Government Hospital, Hosadurga and Government Hospital, Nelamangala, as on the date of accident petitioner being aged about 19 years, used to earn Rs.25,000/p.m. by working as Coolie.
3. Regarding accident Srirampura police registered crime No.20/2023 against the driver of the Car bearing Reg No.KA-05-AG-3249.
4. In spite of service of notice, respondents No.3 owner of the motorcycle remained absent.
5. In response to the notice, respondent No. 1 and 2 owner and insurer of the car appeared through their Advocates, filed separate written statements, denying the allegation regarding reason, mode of accident, age, occupation, income, nature and consequence of the injuries suffered by the petitioner.
6. In response to the notice, respondent No.4 insurer of the motorcycle appeared through his advocate filed written statement, denying the allegation regarding reason, SCCH-1 4 MVC No.2643/2023 mode of accident, age, occupation, income, nature and consequence of the injuries suffered by the petitioner.
7. On the basis of the pleadings on 30.01.2024 , this Authority has framed the following issues :
1. Whether the Petitioner proves that on 12.02.2023 at about 10.00 a.m. near BESCOM office, Garaga village, Kasaba Hobli, Hosadurga Taluk, Chitradurga District, he met with an accident and sustained injuries was due actionable negligence act on the part of the driver of the Car bearing Reg No.KA-05-AG-
3249 as alleged?
2. Whether the Petitioner is entitled to compensation ? If so, how much and from whom?
3. What order ?
8. On 05.11.2024, 30.01.2025 petitioner deposed as PW1 and produced 12 documents at Ex.P.1 to P.12. On 04.03.2025 petitioner produced the evidence of SDA at Government Hospital, Hosadurga, Chitradurga District, Dr. Nagaraj B.N. as PW.2 and 3 and produced 6 documents at Ex.P.13 to P.18. On 03.04.2025 learned advocate for the petitioner produced copy of the DL of Syed Sadath at Ex.P.19. On 03.04.2025 respondent No.2 - insurer of the Car bearing No.KA-05-AG-3249 produced the evidence of SCCH-1 5 MVC No.2643/2023 officer as RW1 and produced 2 documents at Ex.R.1 and R.2.
9. I heard the arguments submitted on behalf of petitioner, respondent No.2 and 4 and perused the records.
10. On the basis of the record, my findings on the above issues are as under:
Issue No.1 ... Due to the negligent use of the motorcycle bearing Reg.No.KA-16-E-6731 by Syed Sadath and negligent use of the Car bearing No.KA-05-AG-3249 by Abhishek at the ratio of 25:75 accident taken place resulting in the injuries to the petitioner.
Issue No.2 ... Petitioner is entitle to receive Rs.2,15,292/-
with current and future interest at 6% p.a. from the respondents as compensation.
Issue No.3 ... As per final order for the following:-
REASONS
11. Issue No.1 :- In the evidence petitioner stated that on 12.02.2023 at about 10.00 a.m. when he was traveling by sitting on the pillion of a motorcycle bearing Reg. No.KA-16-E-6731 on the road near BESCOM office, Garaga village, Hosadurga Taluk, Chithradurga District, driver of a Car bearing Reg No.KA-05-AG-3249, drove the SCCH-1 6 MVC No.2643/2023 same negligently and dashed the same to the motorcycle, thereby caused accident, caused injuries to the petitioner.
12. In the written statement respondent No.1 and 2 - owner and insurer of the car and respondent No.4- insurer of the motorcycle denied the allegation regarding reason and mode of the accident.
13. In the cross-examination petitioner/PW1 stated that himself, Shahajahan, Sardar are riding the motorcycle from Garden land towards house/Garaga village, Hosadurga Taluk. Petitioner stated that there is a distance of 2 kms between garden land and his house. PW1 stated that there is a mud road from the garden land upto tar road which is located between Belaguru village upto Garaga village. Petitioner denied the suggestion that when car was running on the tar road from Garaga village towards Belaguru village, their motorcycle entered from mud road to the tar road and dashed to the Car. PW1 stated that in the place where mud road joining tar road car dashed to the motorcycle. PW1 denied the suggestion that as per the sketch on the middle of the road accident taken place between motorcycle and a car. PW1 denied the SCCH-1 7 MVC No.2643/2023 suggestion that in the junction of mud road and tar road riders of the motorcycle in the craze without observing the vehicles running on the tar road entered tar road from mud road, thereby dashed the motorcycle to the car.
14. In the evidence PW2 produced the copy of the police intimation dated 12.02.2023 including MLC register extract at Ex.P14.
15. In the evidence affidavit PW.3- Dr. Nagaraj B.N. stated nothing regarding reason and mode of the accident.
16. In the evidence affidavit RW1- officer of the respondent No.2- insurance company stated that the rider of the motorcycle rode the motorcycle by keep sitting 2 persons on the pillion and dashed the same to the car which was running on the main road.
17. In the cross-examination RW1 admitted lack of personal knowledge about the incident pertaining to the case.
18. Ex.P.1 is the copy of the FIR and complaint pertaining to crime No.20/2023 registered by Srirampura police on 14.02.2023 against Abhishek - driver of Car bearing Reg No.KA-05-AG-3249 for having committed SCCH-1 8 MVC No.2643/2023 offence punishable under Section 279,337 of IPC on the basis of the complaint filed by Sardar S/o Ajas Pasha- rider of the motorcycle. Ex.P.2 is the copy of the wound certificate in which reason for the injuries are noted as RTA around 10 AM on 12.02.2023. Ex.P.3 is the copy of the crime detail format with spot mahazar/sketch. In the sketch it is noted that in the junction of Garga tar road and katcha road leading towards garden land from Belaguru village collision taken place between motorcycle which entered tar road from katcha road and car which was running on tar road . Ex.P.4 is the copy of the vehicle seizure mahazar. Ex.P.5 is the copy of spot sketch. Ex.P6 is the copy of the motor vehicle accident report. Ex.P.7 is the copy of the charge sheet filed by Srirampura police in crime No.20/2023 against respondent No.1- Abhishek S/o Shankarappa- driver of the Car bearing Reg No.KA-05-AG- 3249 and Syadh Sadhath - owner of the motorcycle bearing Reg. No.KA-16-E-6731 for having committed offence punishable under Section 279,338 of IPC and under Sec.128(A), 177 of MV Act. In the copy of the police intimation and MLC register extract marked at Ex.P14 SCCH-1 9 MVC No.2643/2023 appearance of the petitioner with injuries suffered in the alleged RTA on 12.02.2023 are mentioned.
19. In this case there are no reasons to disbeleive the points elicited during the cross-examination of the PW1 and contents of the police records regarding reason, mode and consequences of the accident. Hence, I have concluded that on 12.02.2023 at about 10.00 a.m. when petitioner was traveling by sitting on the pillion of a motorcycle bearing Reg. No.KA-16-E-6731 on the junction of Garga - Belaguru tar road and katcha road leading towards garden land from Belaguru, Garaga Tar road, due to negligent use of the motorcycle bearing Reg. No.KA-16-E-6731 by Syed Sadhath and negligent use of the Car bearing Reg No.KA- 05-AG-3249 by Abhishek at the ratio of 25:75 accident taken place between motorcycle and car resulting in the injuries to the petitioner. Hence, I answer Issue No.1 accordingly.
20. Issue No.2: In the evidence petitioner stated that in the accident he has suffered fracture of calcaneal right, fracture of mallelous right ankle, took first aid at Government Hospital, Hosadurga and then took treatment SCCH-1 10 MVC No.2643/2023 at Goverment Hospital, Nelamangala for the period of 10 days, then took physiotheraphy for 4 months by spending totally Rs.80,000/- towards medicine, treatment and as on the date of accident used to earn Rs.25,000/-p.m. by working as coolie.
21. In the written statement, respondent No.1, 2 and 4 denied the allegation regarding nature and consequence of the injuries suffered by the petitioner.
22. In the cross-examination, PW1 denied the suggestion about fabrication of the medical bills worth of Rs.14,290/- marked at Ex.P.10 for the purpose of this case. Petitioner denied the suggestion that as on the date of incident neither working as a coolie nor earning Rs.25,000/- per month.
23. In the evidence PW2 produced case sheet and discharge card at Ex.P.15 and P.16.
24. In the evidence affidavit PW.3-Dr. Nagaraj B.N. stated that on 18.02.2025 when clinically examined the petitioner noticed that petitioner suffered permanent physical disability at 30% to right lower limb, which is about 10% to the whole body. In the evidence PW.3 SCCH-1 11 MVC No.2643/2023 produced Clinical examination notes dated 18.02.2025 and X-ray at Ex.P.17 and P.18. In the cross-examination PW.3 stated that he neither treated the petitioner nor verified the inpatient record of the petitioner. PW.3 submitted that on 12.02.2023 petitioner has been treated conservatively.
25. In the evidence RW1 - officer of the respondent No.2-insurance company stated nothing regarding nature and consequence of the injuries suffered by the petitioner.
26. Wound certificate, discharge summary, OPD slip and other medical documents shows that in the accident petitioner has suffered fracture of right medial mallelous (calcaneum), took first aid/ treatment at Government Hospital, Hosadurga, then took treatment at Government Hospital, Nelamangala.
27. In the copy of the Aadhar card marked at Ex.P.9 date of birth of the petitioner is noted as 20.09.2003. The medical bills shows that the petitioner has spent Rs.14,293/- towards treatment. In this case petitioner has not produced documentary evidence regarding quantum of income. In this case petitioner has not produced any evidence to show either decrease in the income or loss of SCCH-1 12 MVC No.2643/2023 income subsequent to the treatment taken for the injuries suffered in the accident. Hence, I have inferred that the oral evidence of PW.3 Dr.Nagaraj B.N. is not sufficient to award compensation under the head loss of future income(Permanent functional Disability).
28. Considering the nature of injuries suffered by the petitioner, length, place and nature of treatment taken by the petitioner, lack of evidence regarding quantum of income of the petitioner, I award Rs.60,000/- towards pain and suffering, Rs.14,292/- towards treatment, Rs.5,000/- towards attendant, conveyance and nourishment charges, Rs.96,000/- (Rs.16,000 x 6)towards loss of income during treatment period and Rs.40,000/- towards loss of amenities and future happiness. Hence, I come to the conclusion that the petitioner is entitle to receive total compensation at Rs.2,15,292/- with current and future interest at 6% per annum.
Sl.No. Head of Compensation Amount/Rs
1. Pain and sufferings 60,000-00
2. Medical expenses 14,292-00
3. Attendant conveyance and 5,000-00 nourishment charges SCCH-1 13 MVC No.2643/2023
4. Loss of income during 96,000-00 treatment period
5. Loss of amenities and future 40,000-00 unhappiness Total 2,15,292-00 Hence, I answer Issue No.2 accordingly.
29. Issue No.3: The copy of the policy marked at Ex.R.2 shows that as on the date of accident Car bearing Reg No.KA-05-AG-3249 had insurance coverage with respondent No.2. In the written statement respondent No.4 admitted the subsistence of the policy with respect to motorcycle bearing No.KA-16-E-6731 as on the date of accident. The copy of the DL marked at Ex.P.19 shows that as on the date of accident Sadath who rode the motorcycle had licence to ride motorcycle with gear. In the file there are no evidence to show that as on the date of incident respondent No.1-owner of the Car bearing Reg No.KA-05- AG-3249 has violated any terms of the policy. Hence, I came to the conclusion that the respondents No.1 and 2 being the owner and insurer of the Car bearing Reg No.KA- 05-AG-3249 are liable to pay 75% of compensation with proportionate interest and respondent No.3 and 4 being SCCH-1 14 MVC No.2643/2023 the owner and insurer of motorcycle bearing Reg. No.KA- 16-E-6731 are liable to pay 25% of compensation with proportionate interest and an award is to be passed directing the respondents to pay compensation to the petitioner. Hence, I answer issue No.3 accordingly and pass the following :
ORDER The petition filed under Section 166 of IMV Act is partly allowed.
The respondent No.1 and 2 being the owner and insurer Car bearing Reg No.KA-05-AG-3249 and respondent No.3 and 4 being owner and insurer of motorcycle bearing Reg. No.KA-16-E-6731 shall either jointly or severally pay Rs.2,15,292/- (Rupees Two lakhs fifteen thousand two hundred ninety two only) with current and future interest at the rate of 6% p.a., to petitioner towards compensation.
The respondent No.2, being the Insurer of the Car bearing Reg No.KA-05-AG-3249 shall deposit the 75% compensation amount with proportionate interest within 3 months from today.
The respondent No.4, being the insurer of the motorcycle bearing Reg. No.KA-06-ES-0862 shall deposit the 25% compensation amount with proportionate interest within 3 months from today. SCCH-1 15 MVC No.2643/2023
After deposit of the compensation amount, entire compensation amount and interest may be released to the petitioner by crediting the same to his bank account directly.
Advocate's fee is fixed at Rs.1,000/- .
Draw an Award accordingly.
(Dictated to the Stenographer, transcribed by her, corrected, signed and then pronounced by me in the Open Court on this the 28th day of April, 2025) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
ANNEXURES Witnesses examined on behalf of the petitioner:
P.W.1 : Yaseen Beg dt. 05.11.2024, 30.01.2025 P.W.2 : Manjunath dt.04.03.2025 P.W.3 : Dr. Nagaraj B.N. dt. 04.03.2025 Documents marked on behalf of the petitioner:
Ex.P-1 True copy of FIR with complaint Ex.P-2 True copy of wound certificate Ex.P.3 True copy of spot mahazar Ex.P.4 True copy of vehicle seizure mahazar Ex.P.5 True copy of spot sketch Ex.P.6 True copy of IMV report Ex.P.7 True copy of charge sheet Ex.P.8 True copy of Discharge Summary Ex.P.9 Notarized copy of aadhaar card Ex.P.10 13 medical bills (Rs.14,293/-) SCCH-1 16 MVC No.2643/2023 Ex.P.11 OPD sheet Ex.P.12 3 X-rays Ex.P.13 Authorization letter dated 03.03.2025 Ex.P.14 Copy of the police intimation dated 12.02.2023 forwarded to PSI, Hosadurga Police station including MLC register extract Ex.P.15 Copy of the case sheet pertaining to Yaseen dated 12.02.2023 Ex.P.16 Copy of the discharge card dated 13.02.2023 Ex.P.17 Clinical examination notes dated 18.02.2025 Ex.P.18 X-ray Ex.P.19 Copy of the driving licence of respondent No.3- Sadath Witnesses examined on behalf of the respondents :
RW1 P. Ramesh Documents marked on behalf of the respondents:
Ex.R.1 Authorization letter dated 03.04.2025 Ex.R.2 Copy of the policy pertaining to Car bearing Reg. No.KA-05-AG-3249 (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.