Bangalore District Court
Nethravathi G vs Subramanya S on 21 July, 2025
KABC020297302023
BEFORE THE COURT OF VIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND ACJM AND THE
MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-5) AT
BENGALURU
DATED THIS THE 21st DAY OF JULY, 2025
PRESENT: SMT. SHARMILA KAMATH K.
B.A. LLM.,
VIII ADDL. JUDGE, COURT OF
SMALL CAUSES & ACJM,
BENGALURU.
M.V.C No.6365/2023
PETITIONER : Smt. Nethravathi G.
D/o. Gangadharaiah
W/o. Madhu B.
Aged about 32 years
R/at. Giri Nilaya, 6th Cross,
S.I.T. Extn., Krishna Nagar,
Tumkur - 572 103.
(By Sri.K.S.Nagaraja, Adv.,)
V/s
RESPONDENTS : 1. Sri. Subramanya S.
S/o. Sridhar B.K.
Aged about 45 years
2 MVC No.6365/2023
SCCH-5
R/at. No.204, (Old No.21),
Yogashri Nilaya,
8th B Main Road,
Vidyaranyapura,
Bengaluru - 560 097.
(R.C.Owner of the Car bearing Reg.
No.KA-01-MT-3623)
(By Sri.Niranjan Kumar B. Adv.,)
2. Universal Sompo General
Insurance Co. Ltd.,
TP Hub, No.217/A,
3rd Floor, KVV Samrat,
3rd Main Road, Outer Ring Road,
Kasturi Nagar,
Bengaluru - 560 043.
(In Policy No.2311/66693196/00/000
Date of validity from
06.05.2022 to 05.05.2023)
(By Sri.Madhu Kiran, Adv.,)
****
::JUDGMENT::
This petition is filed by the Petitioner against Respondent No.1 and 2 under Sec.166 of M.V.Act 1989 for the relief of compensation of Rs.30,00,000/- with interest.3 MVC No.6365/2023
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2. The petition averments briefly stated as under; That on 17.01.2023 at about 3.40 p.m. petitioner was riding Honda Activa Scooter bearing Reg. No.KA-04- KJ-2005 near Indian Petrol Bunk Median, NH-4 Road, near Deepak U Turn, Bengaluru, at the same time, a driver of the Car bearing Reg. No.KA-01-MT-3623 came at a very high speed in rash and negligent manner and dashed against the said Scooter. Due to the impact, petitioner fell down and sustained grievous injuries. Immediately after the accident, she was shifted to Prakriya Hospital, wherein she took first aid treatment, thereafter shifted to Dr.Nikhil Das Clinic and further shifted St.Theresa's Hospital and took treatment as inpatient. Petitioner has spent a sum of Rs.2,00,000/- towards medical expenses.
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3. At the time of the accident petitioner was aged about 32 years, hale and healthy, working as tailor and earning Rs.30,000/- p.m. With regard to accident crime No.42/2022 is registered against the driver of the Car bearing Reg. No.KA-01-MT-3623 before the Peenya Traffic Police for the offences punishable under Sec.279, 337 of IPC. Respondent No.1 is the R.C.Owner and respondent No.2 is insurer of the said offending vehicle, they are jointly and severally liable to pay compensation. Hence, prays to allow the petition and grant compensation.
4. On service of notice, respondent No.1/owner has appeared before the court through counsel and filed written statement by denying averments of the petition. Further denied occurrence of the accident and submitted that, the Car bearing Reg. No.KA-01-MT-3623 insured with the respondent No.2 and insurance policy was valid 5 MVC No.6365/2023 SCCH-5 as on the date of accident. Accordingly prays to dismiss the petition.
5. Respondent No.2/insurer has appeared through counsel and filed written statement. Respondent No.2 seeks protection available under Sec.147 and Sec.149 of M.V.Act and further submitted that, there is no compliance of Sec.134(c) and Sec.158(6) of M.V.Act. Further respondent No.2 submitted that, driver of the Car bearing Reg. No.KA-01-MT-3623 was not holding valid and effective driving licence as on the date of accident and it has issued policy of insurance in favour of respondent No.1 in respect of said offending car and liability of this respondent is subject to terms and conditions of the policy and compensation claimed by the petitioner is exaggerated. Accordingly prays to dismiss the petition.
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6. Based on the pleadings of the parties this court has framed the following:
::ISSUES::
1. Whether Petitioner proves that, she has sustained grievous injuries in the motor vehicle accident that occurred on 17.01.2023 at about 3.40 p.m. near Indian Petrol Bunk Median, NH-4 Road, near Deepak U Turn, Bengaluru due to rash and negligent driving of Car bearing Reg. No.KA-01-MT-3623 and caused accident, as mentioned in claim petition?
2. Whether the Petitioner is entitled for compensation? If so how much and from whom?
3. What order or award?
7. In order to prove the case, Petitioner herself examined as PW-1, examined Dr.Santosh Kumar, Consultant Orthopaedic Surgeon at St. Theresa's Hospital as PW-2 and marked 21 documents as per 7 MVC No.6365/2023 SCCH-5 Ex.P.1 to Ex.P.21. On the other hand, respondents have not adduced any evidence.
8. Heard the arguments and perused the evidence available on record and my findings on the above issues are as follows:
Issue No.1 : In the Affirmative
Issue No.2 : Partly in the Affirmative
Issue No.3 : As per final order for the
following:
::REASONS::
9. Issue No.1:- In order to prove the case, petitioner examined herself as PW-1, in her chief- examination petitioner has reiterated the facts narrated in her petition. Hence in order to avoid repetition of facts averments made in the evidence affidavit are not reiterated. In order to prove road traffic accident, copy of 8 MVC No.6365/2023 SCCH-5 FIR is marked as Ex.P.1, copy of complaint as Ex.P.2, copy of crime details form as Ex.P.3, copy of sketch as Ex.P.4, copy of Sec.133 notice as Ex.P.5, copy of reply as Ex.P.6, copy of IMV Report as Ex.P.7, copy of charge sheet as Ex.P.9.
10. Further to substantiate the petitioner's case, petitioner has examined Doctor as PW-2. On perusal of evidence of PW-1, PW-2 and records those have marked as Ex.P.1 to Ex.P.9 corroborates the case of the petitioner about occurrence of the road traffic accident dated 17.01.2023 as alleged in the petition.
11. Per contra, except filing of written statement, respondents have not taken any endeavors to disprove the petitioner's case about non-causing of the accident as alleged in the petition and to discard the evidence of PW-1. Since in the absence of iota of respondent evidence, this 9 MVC No.6365/2023 SCCH-5 tribunal held that the petitioner sustained the injuries due to the accident occurred on 17.01.2023 at about 3.40 p.m. when she was riding Honda Activa Scooter bearing Reg. No.KA-04-KJ-2005 near Indian Petrol Bunk median, NH-4 Road, near Deepak U turn, Bengaluru.
12. It is evident from police papers that, very accident is occurred due to negligence of driving of the Car bearing Reg. No.KA-01-MT-3623. Under such circumstances, considering the said evidence this tribunal comes to the conclusion that, petitioner has proved the issue No.1 in her favour. Accordingly Issue No.1 is answered in the affirmative.
13. Issue No.2:- As per the evidence of the petitioner, she had underwent arthroscopy which revealed complete ACL tear and complete tear of posterior horn of lateral meniscs, for which she underwent ACL 10 MVC No.6365/2023 SCCH-5 reconstruction with semitendinosus and gracilize graft which was fixed with end button and titanium screws. In this regard the petitioner got marked copy of wound certificate as per Ex.P.8, discharge summary marked as per Ex.P.10 issued by St. Theresa's Hospital, wherein she took treatment as in patient since 01.03.2023 to 04.03.2023. Further she has produced and marked photographs with CD as Ex.P.15 and X-ray Films with Lab Report as Ex.P.16.
14. Dr.Santosh Kumar, Consultant Orthopaedic Surgeon at St. Theresa's Hospital is examined as PW-2. To substantiate his evidence, he has marked authorization letter as Ex.P.17, OPD record as Ex.P.18, assessment disability form as Ex.P.19, case sheet as Ex.P.20 and X-ray Films marked as Ex.P.21 and he has assessed permanent physical impairment of 11 MVC No.6365/2023 SCCH-5 16.8% for left lower limb and 8.4% for whole body. In cross-examination he has categorically admitted that, he has not treated the petitioner and only examined the petitioner for disability assessment. Further deposed that, the injuries are healed and implants insitu. Further deposed that, after removal of implants and unite of injuries, the exact disability will be disclosed and he has not used any materials to assess the muscle power and also deposed that, petitioner may do work in sitting position. Under such circumstances, considering the nature of the injuries sustained by the petitioner and also by relying on citation reported in (2011) 1 SCC 343 between Rajkumar V/s. Ajay Kumar, the functional disability of the petitioner is considered at the rate of 6% i.e., 1/3rd to the whole body out of 16.8% of left lower 12 MVC No.6365/2023 SCCH-5 limb, for the purpose of calculation of loss of future income.
15. As per the case of the petitioner, he was aged about 32 years, for proof of her age, she has produced copy of aadhar card marked as Ex.P.14, wherein it is clearly mentioned date of birth of the petitioner as 17.03.1990 and the alleged accident is occurred on 17.01.2023, accordingly relying on Ex.P.14 her age is considered about 33 years as on the date of accident, hence multiplier 16 is applicable as per decision reported in 2009 ACJ 1298 in between Sarla Varma and Others V/s. Delhi Transport Corporation and others.
16. As per petitioner's case, she was working as tarilor, thereby earning Rs.30,000/- p.m. To prove the said fact, there are no documents on record. Under such circumstances, with reference to the year of accident, 13 MVC No.6365/2023 SCCH-5 relying upon the guidelines issued by Hon'ble Karnataka State Legal Services Authority Bengaluru, notional income of the petitioner is taken at the rate of Rs.16,000/- p.m. and said fact is taken into consideration for the purpose of calculation of loss income during laid up period and also for the purpose of calculation of loss of future income.
Therefore, the loss of future income works out as under;
16,000x12x16x 6 % = Rs.1,84,320/-
17. It is admitted fact that, as per the discharge summary marked as Ex.P.10, petitioner was admitted in St. Theresa's Hospital as inpatient from 01.03.2023 to 04.03.2023 i.e., for 3 days.As per the evidence of P.W-2 he examined petitioner on 06/02/2025i.e., nearly after 1 month and on examination date as per version of P.W-2 14 MVC No.6365/2023 SCCH-5 scars were there injuries healed and implants insitu. By considering the gravity of injury sustained by petitioner it may take at least 2 months to heal the wound for the said period she is entitled for the loss of income. As per the guidelines issued by Hon'ble Karnataka State Legal Services Authority Bengaluru, notional income of the petitioner should be taken into consideration i.e., Rs.16,000/- p.m. Accordingly petitioner is entitled for the income of said quantum for the period he was admitted as inpatient in the hospital. So petitioner is entitled for Rs.32,000/- towards loss on income during laid up period.
18. In order to show medical expenses incurred by petitioner she has got marked Ex.P.11 medical bills for Rs.1,23,534/-. On perusal of the said bills it is clearly stated about spending of amount for this treatment is 15 MVC No.6365/2023 SCCH-5 concerned. Further on perusal of Ex.P.8 in which Doctor who have treated has categorically stated that, petitioner has sustained grievous injury out of the accident caused on 17.01.2023. So as per Ex.P.8 wound certificate, petitioner has sustained soft tissue injury of left knee, left foot grazed abrasions, which are grievous in nature. Further the Investigation Officer has also filed charge sheet against Sridhar P.K. for the offences punishable under Sec.279, 337 of IPC. So the said charge sheet materials and evidence of PW-1 and PW-2 clearly states that, petitioner is suffering from grievous injury out of the accident caused in the alleged accident as alleged in the petition and evidence of PW-1.
19. Per contra except denial in the written statement, respondents have not taken any endeavors to step into witness box nor to proved the allegations as 16 MVC No.6365/2023 SCCH-5 alleged in the written statement. In the absence of rebuttal evidence, merely respondents have filed written statement and they have denied entire case of the petitioner are all not sufficient to disbelieve the petitioner case.
20. Accordingly, the Petitioner is entitled for compensation as detailed below:-
Sl.No. Head of Compensation Amount in Rs.
1. Loss of Future Income 1,84,320-00
2. Pain and sufferings 25,000-00
3. Conveyance, food,nourishment 15,000-00 and attendant charges
4. Medical Expenses 1,23,534-00
5. Loss of amenities in life 15,000-00
6. Loss of income during laid up 32,000-00 period Total 3,94,854-00 Rounded off to Rs.3,94,900/-17 MVC No.6365/2023
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21. Accordingly I hold that, the Petitioner is entitled for total compensation of Rs.3,94,900/- with interest at the rate of 6% p.a. from the date of petition till its realization of entire amount.
22. In the case on hand, respondent No.2 being the insurer has issued insurance policy bearing No.2311/66693196/00/000 which is valid for the period from 06.05.2022 to 05.05.2023, the alleged accident was occurred on 17.01.2023 it reveals that, as on the date of accident, insurance policy was in force. Hence naturally liability of respondent No.1 shall go against respondent No.2, so that, respondent No.2/insurer is directed to deposit the award amount with interest at the rate of 6% p.a. within 60 days from the date of this order.hence this tribunal answered Issue No.2 partly in the affirmative.
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23. Issue No.3: For the reasons assigned to Issues No.1 and 2, I proceed to pass the following:
::ORDER::
The petition filed by the Petitioner under Sec.166 of the M.V. Act, 1989 is partly allowed with cost. The Petitioner is entitled for global compensation of Rs.3,94,900/- (Rupees Three Lakhs Ninety Four Thousand Nine Hundred Only) with interest at the rate of 6% p.a. from the date of petition till its realization.
The Respondent No.2 shall deposit award amount with interest within 60 days from the date of this order.
The Petitioner is entitled to get release 60% of the award amount through e-payment directly to her account on furnishing the Bank A/c details along with address proof and remaining 40% shall be kept in Fixed Deposit in any of the Scheduled Bank for a period of three years, in his name.
The Advocate Fee is fixed at Rs.1,000/-.19 MVC No.6365/2023
SCCH-5 Draw award accordingly.
(Dictated to the stenographer directly on computer, typed by her, thereof is corrected and then pronounced by me in the Open Court on this the 21st day of July, 2025) (SHARMILA KAMATH K.) VIII ADDL. JUDGE, COURT OF SMALL CAUSES & ACJM, BENGALURU.
::A N N E X U R E::
LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONER:-
PW-1 : Smt. Nethravathi G. PW-2 : Dr. Santosh Kumar
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONER:-
Ex.P.1 : Copy of FIR Ex.P.2 : Copy of Complaint Ex.P.3 : Copy of Crime Details Form Ex.P.4 : Copy of Sketch Ex.P.5 : Copy of Sec.133 Notice Ex.P.6 : Copy of Reply Ex.P.7 : 2 Copy of IMV Report Ex.P.8 : Copy of Wound Certificate Ex.P.9 : Copy of Charge Sheet 20 MVC No.6365/2023 SCCH-5 Ex.P.10 : Discharge Summary
Ex.P.11 : Medical Bills of Rs.1,23,534/- Ex.P.12 : Medical Prescriptions Ex.P.13 : Notarized copy of DL Ex.P.14 : Notarized copy of Aadhar Card Ex.P.15 : 2 Photographs with 1 CD Ex.P.16 : 3 X-ray Films with Lab Report Ex.P.17 : Authorization Letter Ex.P.18 : OPD Record Ex.P.19 : Assessment Disability Form Ex.P.20 : Case Sheet Ex.P.21 : X-ray Films LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENTS:-
-NIL-
LIST OF DOCUMENTS MARKED ON BEHALF OF THE RESPONDENTS:-
-NIL-
(SHARMILA KAMATH K.) VIII ADDL. JUDGE, COURT OF SMALL CAUSES & ACJM, BENGALURU.