Bangalore District Court
Mr.Rakesh vs Sri.Mallikarjuna.D on 10 February, 2015
BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL &
V ADDL. JUDGE
Court of Small Causes, Mayo Hall Unit, Bangalore
(SCCH.20)
Dated this the 10th day of February, 2015
Present: Smt.K.BHAGYA,
B.Com., LL.B.
V Addl. Small Causes Judge &, Member,
M.A.C.T., Bangalore
M.V.C.No.1194/2014
PETITIONER: Mr.Rakesh,
S/o Narayana,
Aged about 22 years,
R/o No.8, Anamalai Nilaya,
Patallamma Layout,
Opp Railway Station,
White Field,
Bangalore-560 066.
And also Residing at:
# 105, G, Railway Qtrs,
Contonment Bangalore Central Range,
Bangalore-560 052.
(By Pleader Sri.Rathnappa.B.R)
-Vs-
RESPONDENT: Sri.Mallikarjuna.D,
S/o Dhanamaiah,
R/o. No.517, Near Jayalakshmi School,
(SCH-20) 2 MVC 1194/14
Patel G. Kullappa Road,
R.S. Palya,
M.S. Nagar Post,
Bangalore-560 033.
(Owner & rider of the Motor Cycle bearing
No.KA-03-EZ-1803)
(By Pleader Sri.K.N.Srikanta Dutta)
********
J U D G M E N T
Petitioner has filed the present petition U/sec 166 of IMV Act claiming compensation amount of Rs.10,00,000-00 for the injuries sustained by him in the Motor Vehicle Accident along with interest and for costs.
02. The brief facts of the petitioner's case are that:
On 18-02-2014 at about 6.30 p.m. when petitioner was riding a Motor Cycle bearing No.KA-03-HS-1345, slowly, carefully, cautiously, observing the traffic rules, on Banasawadi Main Road, when he reached Opp. Fire Station, Banasawadi, Bangalore, at that time a Motor Cycle bearing No.KA-03-EZ-1803, ridden by its rider in rash and negligent manner, so as to endangering human life, without following any traffic rules, came at high speed and dashed against the petitioner's motor cycle. As a result of the forced impact, the petitioner was thrown away, fell down and sustained several (SCH-20) 3 MVC 1194/14 grievous injuries. Immediately after the accident petitioner was shifted to Specialist Hospital, wherein he took treatment as inpatient and the duty doctors found the injuries sustained by the petitioner. He underwent surgery for the injuries and internal fixation was done. He has spent Rs.1,50,000-00 towards medical expenses and other incidental charges. He has to require two more surgery for removal of implants. Due to injuries the petitioner was completely bedridden, cannot run, jump, cannot lift or carry any weight, unable to sleep properly, cannot do his activities as earlier to the accident and undergoing deep mental shock, pain and suffering.
03. At the time of accident, petitioner was hale and healthy, aged about 22 years and working as Office Boy in Generic HVAC Tech Systems Pvt. Ltd., and was earning Rs.10,000-00 p.m. Due to injuries he is unable to do his job and hence lost his earnings and facing financial difficulties. The above said accident occurred due to rash and negligent riding by the rider of Motor Cycle bearing No.KA-03-EZ-1803. Respondent being the owner & rider of the said vehicle is liable to pay compensation and the petitioner prayed that petition may be allowed.
04. After institution of the petition notice was served on the respondent. Respondent has appeared before the tribunal through his counsel, but he has not filed any written statement inspite of sufficient opportunity has been given. (SCH-20) 4 MVC 1194/14
05. Petitioner in order to prove his case, got examined himself as P.W.1 and got examined two witnesses as P.W.2 and P.W.3 and got marked documents at Ex.P.1 to Ex.P.11. The respondent has not chosen to adduce oral or documentary evidence.
06. Heard arguments of learned counsel for petitioner.
07. By going through the above petition averments, the following Points that arises for my consideration are as under:
ISSUES
1. Whether the petitioner proves that, on 18-02-2014 at about 6.30 p.m. when he was riding a Motor Cycle bearing No.KA-03-HS-1345 on Banasawadi Main Road and he reached Opp. Fire Station, Banasawadi, Bangalore, at that time a Motor Cycle bearing No. KA-03-EZ-1803, ridden by its rider came in rash and negligent manner and dashed against the petitioner's motor cycle, as a result, the petitioner fell down and sustained grievous injuries?
2. Whether the petitioner is entitled for compensation? If so, what amount and from whom?
3. What order or award?
08. My findings on the above Points are as follows:
Point No.1 In the affirmative
(SCH-20) 5 MVC 1194/14
Point No.2 Partly in the affirmative
Point No.3 As per final order
for the following:
R E A S O N S
09. Point No.1:- As already observed above, it is the case of the petitioner that, on 18-02-2014 at about 6.30 p.m. when petitioner was riding a Motor Cycle bearing No. KA-03-HS-1345, slowly, carefully, cautiously, observing the traffic rules, on Banasawadi Main Road, when he reached Opp. Fire Station, Banasawadi, Bangalore, at that time a Motor Cycle bearing No.KA-03-EZ-1803, ridden by its rider in rash and negligent manner, so as to endangering human life, without following any traffic rules, came at high speed and dashed against the petitioner's motor cycle. As a result of the forced impact, the petitioner was thrown away, fell down and sustained several grievous injuries.
10. In order to prove this fact, the petitioner has been got examined as P.W.1 and 8 documents have been got marked on his behalf. Among them FIR and Complaint is at Ex.P.1 & Ex.P.1(a), spot Mahazar and spot Sketch at Ex.P.2 & Ex.P.2(a), IMV Report at Ex.P.3, Wound certificate at Ex.P.4, Charge sheet at Ex.P.5 and Discharge summary at Ex.P.6.
11. The F.I.R. and Charge sheet clearly reveal that, a case has been registered against the rider of the Motor Cycle (SCH-20) 6 MVC 1194/14 bearing No.KA-03-EZ-1803 i.e., the respondent, for the offence punishable U/Sec.279, 337 and 338 of I.P.C, Sec.115, 196 of M.V. Act. The copies of the spot Sketch and spot Mahazar also reveal about the accident. From the documentary evidence, it reveal that, accident occurred due to the rash and negligent riding of the rider of the Motor Cycle bearing No.KA-03-EZ-1803. There is no rebuttal evidence on the side of respondent though he has appeared before the tribunal. Hence, I answered Point No.1 in the affirmative.
12. Point No.2:- Petitioner has produced Wound certificate at Ex.P.4 which shows that petitioner had sustained the following injury:
Fracture of condyles of left tibia It is mentioned in the wound certificate that, injury is grievous in nature.
13. So, in view of my finding that the petitioner has sustained grievous injury only because of the negligent riding of the rider of Motor Cycle bearing No.KA-03-EZ-1803, I am of the opinion that he is entitled for Rs.20,000-00 towards pain and agony.
14. Here, it is the case of the petitioner that, he has been hospitalized at Specialist hospital, Kalyan Nagar, Bangalore, as an inpatient. To prove this fact he has produced discharge summary at Ex.P.6 issued by the said hospital, which shows that he has been hospitalized in the said hospital from (SCH-20) 7 MVC 1194/14 18-02-14 to 21-02-14 for 4 days. Taking all these facts into consideration, I am of the opinion that, the petitioner is entitled for the compensation of Rs.5,000-00 towards the attendant charges and nourishing food. Accordingly, I award the same.
15. The petitioner was shifted from the place of accident to Specialist hospital, Kalyan Nagar, Bangalore, and from there to his residence. The cause title of the petition reveal that the petitioner is the resident of White Field, Bangalore- 560 066 and Cantonment Railway Quarters, Bangalore- 560 052. To prove this fact, he has produced Transportation bills which are marked at Ex.P.8. But nobody got examined to prove the contents of these bills. Under such circumstances, this tribunal is of the view that, petitioner is entitled for total compensation of Rs.2,000-00 towards the conveyance.
16. The petitioner has produced 27 medical bills in total for a sum of Rs.1,19,613-30, they have been got marked at Ex.P.7 which include Tax Invoice given by Pacer Yamaha. This tribunal has gone through only the medical bills which amounts which bear the seal and signature of the concerned doctor and the authority. It has not considered the invoice issued by Pacer Yamaha. So, this tribunal award a sum of Rs.88,500-00 only under the head of Medical expenses.
17. Here, the petitioner's say is that, he was working as Office Boy in Generic HVAC Tech Systems Pvt. Ltd., and was earning Rs.10,000-00 p.m. To prove this fact, he has not (SCH-20) 8 MVC 1194/14 produced any documents. But he has examined his one of the employee by name Naveen Kumar.R, as P.W.3. He has deposed that, the petitioner was working with him in the said company as Office Boy since 2 years and as on the date of accident he was drawing salary of Rs.10,000-00 p.m. Due to injuries sustained in the accident, he has left the job. But this P.W.3 is not the employer of the petitioner. He is also an employee working as Air Condition Mechanic at M/s Generic HVAC Tech Systems Pvt. Ltd.,. So, by ignoring the evidence of the P.W.3 and by considering the age and nature of the work, this tribunal can infer that, he was earning Rs.6,000-00 p.m. as on the date of the accident.
18. The say of the petitioner is that due to this accidental injuries, he cannot attend to his work, resulted in loss of earning and earning capacity and put to great financial hardship. Regarding this aspect one Doctor by name Dr.Ranga Rajan got examined as P.W.2. He has sworn to the effect that, the petitioner has sustained 42% disability to his affected limb and 14% to his whole body. This fact has not denied by the respondent. So, by considering the doctor's evidence, this tribunal can held safely that, this petitioner has sustained 14% disability to the whole body. As per the records of the petitioner, the age of the petitioner as on the date of the accident was 22 years. So, the proper multiplier applicable is 18. If we calculate the permanent disability i.e., loss of (SCH-20) 9 MVC 1194/14 future income on the basis of the above date, it would come as follows:
6,000 x 12 x 18 x 14 / 100= 1,81,440-00 So, I award Rs.1,81,440-00 under the head loss of future income on account of permanent disability.
19. During the treatment and also during the bed rest, the petitioner might have suffered a lot. Hence, I award Rs.5,000-00 under the head of loss of amenities of life.
20. Thus, this tribunal would award a total compensation of Rs.3,01,940-00 as detailed below:-
1. Pain and Agony 20,000-00
2. Medical expenses Rs.88,500-00
3. Conveyance 2,000-00
4. Nourishment Food, attendant 5,000-00 charges
5. Loss of income 1,81,440-00
6. Loss of amenities in life 5,000-00 TOTAL Rs.3,01,940-00
21. In view of the slashing rate of interest on term deposit in Nationalized banks, awarding of 6% interest would meet the ends of justice.
(SCH-20) 10 MVC 1194/14
22. As on the date of accident the respondent being the owner and rider of the Motor Cycle bearing No. KA-03-EZ-1803. Hence, he is liable to pay the total compensation amount to the petitioner. Accordingly, I answered Point No.2.
23. Point No.3:- In view of the discussions made on above said Point Nos.1 and 2, I proceed to pass the following:-
O R D E R The petition is partly allowed with costs. The petitioner is entitled for a compensation of Rs.3,01,940-00 (Rupees Three lakhs one thousand nine hundred and forty only) with interest at 6% p.a. from the date of petition till the date of its realization.
The respondent is liable to pay the aforesaid compensation amount with interest to the petitioner and he is directed to deposit the same within 60 days from the date of this order.
After depositing the amount, the petitioner is entitled to receive half of the compensation amount with interest in cash and the remaining half of the compensation amount with interest has to be deposited in any nationalized bank in his name for a period of 2 years.(SCH-20) 11 MVC 1194/14
Advocate fee is fixed at Rs.1,000-00. Draw Award accordingly.
(Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the open Court on this day of 10th February 2015).
(K.BHAGYA) V ASCJ & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bangalore.
A N N E X U R E Witnesses examined for petitioner:
P.W.1 Rakesh
P.W.2 Dr.Ranga Rajan
P.W.3 Naveen Kumar.R
Documents marked for petitioner:
Ex.P.1 FIR
Ex.P.1(a) Complaint
Ex.P.2 spot Mahazar
Ex.P.2(a) spot Sketch
Ex.P.3 IMV Report
Ex.P.4 Wound certificate
Ex.P.5 Charge sheet
Ex.P.6 Discharge summary
Ex.P.7 27 Medical bills
Ex.P.8 9 Taxi bills
Ex.P.9 Case sheet
Ex.P.10 8 X-rays
(SCH-20) 12 MVC 1194/14
Ex.P.11 Authorization letter of P.W.3
Witnesses examined for respondent:
-Nil-
Documents marked for respondent:
-Nil-
(K.BHAGYA)
V ASCJ & Member, MACT,
Court of Small Causes,
Mayo Hall Unit, Bangalore.