Bangalore District Court
In M.V.C.No. 6849 /2016 vs In M.V.C.No. 6849/2016 on 20 March, 2018
IN THE COURT OF THE IX ADDL. SMALL CAUSES AND
ADDL. MACT., BANGALORE, (SCCH-7)
Dated this the 20th Day of March 2018
PRESENT: SMT. SUJATHA, S. B. COM., LL.B.,
IX Addl. Small Causes Judge & XXXIV ACMM,
Court of Small Causes,
Member, MACT-7, Bangalore.
M.V.C. NOS. 6849/2016 C/w 6850/2016
PETITIONER IN M.V.C.NO. 6849 /2016
Sri. Rajashekar.C,
S/o Chinnappan,
Age, 33 years,
Resideing at No.35,
G.Nagamangalam,
Jagadevi Post,
Kondappanayanapalli,
Krishnagiri Taluk & District,
Tamil Nadu,
Also at
No.76,3rd Main, 10th Cross,
Bande Road, Kogilu Layout,
Yelahanka Post,
Bangalore-560064
(By Sri. K.Chennabase Gowda, Adv.)
-VS-
RESPONDENTS IN M.V.C.NO. 6849/2016:
1. HARSHA.N.C,
No.60, 1st main, 14th Cross,
Bikasipura, ISRO Layout,
SCCH 7 2 MVC 6849/2016
C/W 6850/2016
Subramanyapura Post,
Bangalore- 560061
(RC Owner of Innova Car Bearing Reg. No. KA-01-D-6246)
2. UNITED INDIA INSURANCE CO.LTD,
Regional Office,
5th Floor, Krushi Bhavan,
Nrupathunga Road,
HUDSON Circle,
Bangalore-560027
(Police No.0704833115P109492356,
Valid from 17.11.2015 to 16.11.2016)
(R1 - By Sri. Basavaraj B Adavani., Adv.)
(R2 - By Sri.Ravish Benni., Adv.)
PETITIONER IN M.V.C.NO.6850/2016
1. Sri. Y. Balasubramani,
S/o Yuvaraj,
Aged about 35 years,
Residing at
G.Jnagamangalam Village,
Jagadevi Post,
Krishnagiri,
Also at
No.124/4,11th Cross,
3rd Floor,
Near APR Residency,
Domllur Vilalge,
Bangalore-560071
(By Sri. K. Chennabase Gowda, Adv.)
-VS-
SCCH 7 3 MVC 6849/2016
C/W 6850/2016
RESPONDENTS IN M.V.C.NO. 6850/2016:
1. HARSHA.N.C,
No.60, 1st main, 14th Cross,
Bikasipura, ISRO Layout,
Subramanyapura Post,
Bangalore- 560061
(RC Owner of Innova Car Bearing Reg. No. KA-01-D-6246)
2. UNITED INDIA INSURANCE CO.LTD,
Regional Office,
5th Floor, Krushi Bhavan,
Nrupathunga Road,
HUDSON Circle,
Bangalore-560027
(Police No.0704833115P109492356,
Valid from 17.11.2015 to 16.11.2016)
(R1 - By Sri. Basavaraj B Adavani., Adv.)
(R2 - By Sri.Ravish Benni.,Adv.)
JUDGMENT
These two petitions are filed under Section 166 of I.M.V. Act. As per the order dated 07.09.2017, M.V.C.No.6850/2016 clubbed with M.V.C.No.6849/2016 and M.V.C.No.6849/2016 is considered as main case.
2. The Brief facts of the petitioner's case in M.V.C.No. 6849/2016: On 09.08.2016, at about 6.30 P.M., when he and others were proceeding in a Innova Car bearing registration No.KA-01-D-6246, the same was driven by its driver by name Shivakumar from Haveri towards Ranibennur on NH-4 road, in a SCCH 7 4 MVC 6849/2016 C/W 6850/2016 rash and negligent manner, endangering to human life, without observing any of the traffic rules and regulations, while so proceeding reached near Chatra Village Bridge, Byadagi Taluk, Haveri, due to his negligent driving lost control and dashed against moving JCB vehicle bearing Reg.No.KA-27-N-0788 moving in front and caused the accident. Petitioner stated that consequent to which he and another sustained grievous injuries all over the body. Petitioner stated that immediately after the accident he was shifted to nearby Om Hospital, Ranibennur, wherein after first aid treatment given and due to severe injuries sustained by him for further management referred to St. John's Hospital, Bangalore, wherein the Petitioner took treatment as an inpatient from 09.08.2016 to 22.08.2016 during the course of treatment C.T. Head and brain scan was done, X-rays were taken which revealed left eye open globe injury with multiple facial lacerations with foreign bodies in situ in the forehead region, severe injuries to hand, legs and other grievous injuries all over the body, due to which he underwent surgery, left eye evisceration under G. A. by Dept. of Opthalmology on 09.08.2016, foreign body removal + deridement + suturing by plastic surgery under G.A on 17.08.2016 . The doctors have opined that due to injury to left eye and left side of face there is sudden loss of vision in left eye. After necessary treatment he was discharged with an advice to take follow up treatment restrict fracture movements, not to involve in any strenuous activities and for complete bed rest. As per the advice of the doctors, he is still continuing follow SCCH 7 5 MVC 6849/2016 C/W 6850/2016 up treatment and so far he spent more than Rupees 1,50,000/- towards medical, conveyance, nourishment and other incidental charges etc. Petitioner stated that the injuries sustained in the said accident are not recovered and he is getting unbearable pain often. Petitioner stated that on account of the said accidental injuries he is completely bed ridden cannot lift or carry weight, cannot walk long distance, cannot stand long time, cannot ride vehicle, getting headache and giddiness often. Petitioner stated that due to loss of left eye vision he cannot see any objects with left eye and there are scar marks present over the face, which is looking ugly and he is undergoing deep mental shock, pain and suffering, since the injuries caused are permanent in nature. Petitioner stated that prior to the date of accident he was hale and healthy and was running mobile Canteen and also doing catering work to various, functions, marriage etc as head Cook, earning a sum of Rupees 25,000/- p.m. with the said earnings he was maintaining his family members, since he was the only earning member in the family. Petitioner stated that on account of the said accidental injuries he till today cannot run Mobile Canteen and work as a Head Cook, which resulted in loss of earning and earning capacity and he put to great financial hardship. Petitioner stated that the accident in question purely due to the rash and negligent manner of driving of the aforesaid Innova Car bearing Reg. No. KA-01-D-6246 and in this connection, the jurisdictional Byadagi Policy have registered a case in their Crime No. 172/2016 after investigation the said Police have filed charge SCCH 7 6 MVC 6849/2016 C/W 6850/2016 sheet against the said driver for the offences punishable under Section 279 and 338 of IPC. Petitioner stated that the first Respondent being the R.C. Owner of the Innova Car bearing Reg. No. KA-01-D-6246 and the 2nd Respondent being the insurer and the policy was in force as on the date of accident, hence the Respondents are jointly and severally liable to pay the compensation as prayed for. Under these circumstances, the petitioner in M.V.C. No.6849/2016 prayed to allow the petition.
3. The Brief facts of the petitioner's case in M.V.C.No. 6850/2016 is that: On 09.08.2016, at about 6.30 P.M., when he and others were proceeding in a Innova Car bearing registration No.KA-01-D-6246, the same was driven by its driver by name Shivakumar from Haveri towards Ranibennur on NH-4 road, in a rash and negligent manner, endangering to human life, without observing any of the traffic rules and regulations, while so proceeding reached near Chatra Village Bridge, Byadagi Taluk, Haveri, due to his negligent driving lost control and dashed against front moving JCB vehicle bearing Reg.No.KA-27-N-0788 and caused the accident. Petitioner stated that consequent to which he and another sustained grievous injuries all over the body. Petitioner stated that the accident he was shifted to nearby Om Hospital, Ranibennur, wherein after first aid treatment due to severe injuries sustained by him for further management referred to St. John's Hospital, Bangalore, wherein the Petitioner took treatment as an inpatient during the course of treatment C.T. SCCH 7 7 MVC 6849/2016 C/W 6850/2016 Head and brain scan was done, X-rays were taken which revealed left ulna and right knee, severe injuries to head, legs and other grievous injuries all over the body, after necessary treatment discharged with an advice for follow up treatment, restricted fracture movements, not to involve in any strenuous activities and for complete bed rest, as per the advice of the doctors, he is still continuing follow up treatment and so far spent more than Rupees 80,000/- towards medical, conveyance, nourishment and other incidental charges etc. Petitioner stated that the injuries sustained in the said accident are not recovered and is getting unbearable pain often. Petitioner stated that on account of the said accidental injuries he is completely bed ridden getting head ache and giddiness often, he cannot lift or carry weight and undergoing deep mental shock, pain and suffering, since the injuries caused are permanent in nature. Petitioner stated that prior to the date of accident he was hale and healthy and was working as Area Collection Manager at Bajaj Finance ltd, No. 801 to 805, 8th floor, Prestige towers, residence Road, Bangalore -25 earning sum of Rupees 59,890/- p.m. with the said earnings he was maintaining his family members, since he was the only earning member in the family. Petitioner stated that on account of the said accidental injuries he till today cannot attend to his work, resulted in loss of earning capacity and put great financial hardship. Petitioner stated that the accident in question purely due to the rash and negligent manner of driving of the aforesaid Innova Car bearing Reg. No. KA-01-D-6246 and in this connection, the jurisdictional Byadagi SCCH 7 8 MVC 6849/2016 C/W 6850/2016 Policy have registered a case in their Crime No. 172/2016 after investigation the said Police have filed charge sheet against the said driver, punishable under Section 279 and 338 of IPC. Petitioner stated that the first Respondent being the R.C. Owner of the Innova Car bearing Reg. No. KA-01-D-6246, which caused accident and the 2nd Respondent being the insurer, are jointly and severally liable to pay the compensation as prayed for. Under these circumstances, the petitioner in M.V.C. No.6850/2016 prayed to allow the petition.
4. After of service of Notice, Respondents No.1 and 2 appeared before the court through their Counsels and they have filed separate objection statements in MVC.No.6849/2016 and MVC.No.6850/2016.
5. In the objection statement the Respondent No.1 stated that the petition is not maintainable either in law or on facts. Respondent No.1 denied the age, avocation and income of Petitioners. Respondent No.1 denied the alleged injuries sustained by the Petitioners, treatment taken by them, period of treatment and medical expenses. Respondent stated that the compensation claimed by the Petitioners is excessive, exorbitant, unreasonable and speculative in nature. Respondent No.1 stated that he is RC Owner of the aforesaid Innova Car bearing Reg. No. KA-01-D-6246, the RC and other relevant documents pertaining to the said Car are standing in his name and his Car was insured with the 2nd Respondent and Policy No. 0704833115P109492356, SCCH 7 9 MVC 6849/2016 C/W 6850/2016 valid from 17.11.2015 to 16.11.2016. The policy was in force as on the date of alleged accident dated 09.08.2016 and the driver who drove the said Innova Car is having valid and effective license as on the alleged date of accident. If this court comes to conclusions in granting compensation, then 2nd Respondent/ Insurance company is liable to pay compensation to the petitioners. Under the circumstances the Respondent No.1 prayed to dismiss the petition.
6. In the objection statement the Respondent No.2 stated that the petition is not maintainable either in law or on facts. Respondent No.2 denied entire case of the Petitioners. Respondent No.2 admitted issuance of Insurance Policy in respect of Innova Car bearing Registration No. KA-01-D-6246, policy No. 0704833115P109492356, covering risk w.e.f., 17.11.2015 to 16.11.2016, however contended that, their liability if any is subject to terms and conditions of Policy and verification of valid vehicle documents. Respondent No.2 stated that insured in the above case not intimated to their office about the accident, hence it is not liable to indemnify the insured. Respondent No.2 stated that the compensation claimed by the Petitioners is highly exaggerated and fictitious, unwarranted, exorbitant, unreasonable, unjustifiable hence it is not liable to pay the said amount to the Petitioners. Respondent No.2 sated that immediately after the accident, the driver or owner has to intimate about the accident, the particulars of Policy, date, time and SCCH 7 10 MVC 6849/2016 C/W 6850/2016 place of accident, name of the injured or deceased in the accident and name of the driver and driving license particulars to the Insurance Company, as contemplated Under Section 134 ( C) of the M.V. Act. The Insured not complied with Provisions of Section 134(c) of M.V. Act and jurisdictional Police have not with Section 158 (6) of IMV Act. Petitioners ought to have made the driver, owner and insurer of the vehicle No. KA-27-N-0788 and they are necessary parties to this proceedings without these parties this Petitions cannot be disposed off effectively. Respondent No.2 stated that, they may be permitted to contest the case on all grounds under Section 170 of M.V. Act. Respondent No.2 stated that in the event of any award being passed the rate of interest awardable by this tribunal cannot be more than 4 % in view of the decision of the court of Karnataka. Respondent No.2 denied the age, avocation and income of Petitioners. Further Respondent No.2 denied the alleged injuries sustained by the Petitioners, treatment taken by them, period of treatment and medical expenses. Under the circumstances the Respondent No.2 prayed to dismiss the petitions.
7. On the basis of the above pleadings, my learned Predecessor in Office had framed the following:
ISSUES IN M.V.C.No.6849/2016
1. Whether Petitioner proves that the accident occurred due to rash and negligent act of driver of Innova Car bearing registration No.KA-01-D-SCCH 7 11 MVC 6849/2016
C/W 6850/2016 6246 by its driver in the said accident he sustained injuries?
2. Whether the Petitioner is entitled for compensation? If so, how much and from whom?
3. What Order?
ISSUES IN M.V.C.NO.6850/2016
1. Whether Petitioner proves that the accident occurred due to rash and negligent driving of the JCB bearing Reg.No.KA-07-N-0788 by its driver and in the said accident, he sustained injuries?
2. Whether the Petitioner is entitled for compensation? If so, how much and from whom?
3. What Order?
8. On going through issued framed in M.V.C.No.6850/2016 due to clerical mistake type of vehicle and registration number of vehicle has been wrongly mentioned, hence Issue No.1 is deleted and said issue reframed as follows.
REFRAMED ISSUE NO.1 IN M.V.C.No.6850/2016 Whether Petitioner proves that the accident occurred due to rash and negligent act of driver of Innova Car bearing registration No.KA-01-D-6246 by its driver in the said accident he sustained injuries?
9. In order to prove their case, the Petitioner in M.V.C.No.6849/2016 got examined as P.W.1 and got marked 16 SCCH 7 12 MVC 6849/2016 C/W 6850/2016 documents as Ex.P1 to P16 and Petitioner in M.V.C. No.6850/2016 got examined as P.W.2 and got marked 7 documents as per Ex.P.17 to Ex.P23. On behalf of Petitioner in M.V.C.No.6849/2016, Dr. Yamini Priya, got examined as P.W.3 and got marked 5 documents as per Ex.P.24 to Ex.P.28. The Respondents No.1 and 2 not adduced any evidence on their behalf.
10. Heard the arguments.
11. My findings on the above said issues are as under:
Issues No.1 in M.V.C.No.6849/2016 and Reframed Issue No.1 in M.V.C.No.6850/2016 : In the Affirmative.
Issues No.2 in M.V.C.No. 6849/2016 and M.V.C.No. 6850/2016 : Partly in the Affirmative Issues No.3 in M.V.C.No. 6849/2016 and M.V.C.No. 6850/2016 : As per final Order for the following:
REASONS
12. Issue No.1 in M.V.C.No.6849/2016 and reframed Issue No.1 in M.V.C.No.6850/2016: P.W.1 stated that on 09.08.2016 at about 6-30 a.m., when he and others were traveling in a Innova Car bearing registration No.KA-01-D-6246 from Haveri towards SCCH 7 13 MVC 6849/2016 C/W 6850/2016 Ranibennur on N.H. 4 Road the driver said Car driven the same in a rash and negligent manner, when they reached near Chatra Village Bridge, Byadagi, the driver of Car dashed the Car against JCB vehicle bearing registration No.KA-27-N-0788 which was moving ahead and caused accident. P.W.1 stated that the accident occurred due to rash and negligent act of driver of Innova Car bearing registration No.KA-01-D-6246.
13. In this case in order to prove their assertion P.W.1 has produced EXP-1 FIR, Ex.P-2 Complaint, Ex.P-3 Seizer Mahazar, Ex.P.4 Spot Mahazar, Ex.P.5 Sketch, Ex.P.6 Charge Sheet, Ex.P.7 IMV Report, Ex.P.8 Wound Certificate, Ex.P.9 Referral Form issued by Om Hospital and Ex.P.10 Discharge Summary. In the cross examination P.W.1 denied the suggestion that there is contributory negligence on the part of driver of JCB. In order to prove that the accident occurred due to rash and negligent act of driver of Innova Car bearing registration No.KA-01-D-6246 Petitioner in M.V.C. No.6850/2016 got examined as P.W.2. He deposed inconsonance to the evidence of P.W.1 and has produced Ex.P.17 Wound Certificate and Ex.P.18 Discharge Summary. In the cross-examination P.W.2 denied the suggestion that to the said accident there is contributory negligence on the part of driver of JCB Vehicle.
14. In this case, on going through Ex.P-1 and Ex.P.2, it is noticed that the one Ganesh Hiremath has lodged complaint SCCH 7 14 MVC 6849/2016 C/W 6850/2016 about the accident on 09.08.2016 and based on his complaint Byadgi Police have registered Crime No.172/2016 against the driver of Innova Car bearing registration No.KA-01-D-6246 for the offences punishable under section 279 and 338 of IPC. Ex.P.3 is the Seizer Mahazar as per which the jurisdictional Police have seized Innova Car bearing registration No.KA-01-D-6246 and JCB bearing registration No.KA-27-N-0788. Ex.P.4 Spot Mahazar and Ex.P.5 Sketch reveals that the accident occurred on left side of Havery - Ranebennur Highway. In Ex.P.7 Motor Vehicle Inspector reported that front wind screen glass, front bonnet, both headlights and indicators assembly, front bumper, front left side wind screen glass frame, front left side fender, front left side rear view mirror, front left side quarter glass, front left side door, rear left side quarter glass, front chassis cross member and bottom propeller shaft of vehicle bearing registration No.KA-01-D-6246 sustained damages and rear backhoe loader rubbed in respect of vehicle bearing registration No.KA-27-N-0788. Ex.P.8 reveals that the Petitioner in M.V.C.No.6849/2016 sustained cut lacerated wound on forehead, chin, left eye and right cheek in a road traffic accident occurred on 09.08.2016. Ex.P.17 reveals that the Petitioner in M.V.C.No.6850/2016 sustained tenderness in chest and left hand in a road traffic accident occurred on 09.08.2016. Ex.P.9 reveals that the Doctor of Om Hospital referred the Petitioner in M.V.C.No.6849/2016 to some other Hospital for further treatment. Ex.P.10 reveals that the P.W.1 was admitted to St. John's Hospital on 09.08.2016 and taken treatment till SCCH 7 15 MVC 6849/2016 C/W 6850/2016 22.08.2016 and Ex.P.18 reveals that P.W.2 taken treatment at St. John's Hospital on 09.08.2016 in connection to injuries sustained in a road traffic accident. Further as per Ex.P.6 the Investigating Officer has filed Charge Sheet against Shivakumar Ningappa the driver of Innova Car bearing registration No.KA-01-D-6246 for the offences punishable under section 279, 337 and 3338 of IPC. In this case though the Respondent No.2 contended that there is contributory negligence on the part of driver of JCB Vehicle and the petition is bad for non-joinder of necessary party, Respondent No.2 not adduced evidence to prove their defence. Under the circumstances oral and documentary evidence produced by the petitioners proved that accident occurred due to the rash and negligent act of driver of Innova Car bearing registration No.KA- 01-D-6246 and as result the Petitioner in M.V.C.No.6849/2016 and M.V.C.No.6850/2016 sustained injuries. Accordingly issue No.1 in M.V.C.No.6849/2016 and reframed Issue No.1 in M.V.C.No.6850/2016 answered in the Affirmative.
15. Issue No.2 in M.V.C.No.6849/2016: P.W.1 stated that in the accident he sustained left eye open globe injury with multiple facial lacerations with foreign bodies in situ in the forehead region, severe injuries to hand, legs and other grievous injuries all over the body. P.W.1 stated that, immediately after the accident he was shifted to Om Hospital, wherein he taken first aid treatment and then he was shifted to St. John's Hospital, wherein he has taken treatment as an inpatient from 09.08.2016 to 22.08.2016. P.W.1 stated that he undergone surgery to left eye evisceration SCCH 7 16 MVC 6849/2016 C/W 6850/2016 under G.A., on 09.08.2016, foreign body removal, wound debridement and suturing by plastic surgery done under G.A. on 17.08.2016. P.W.1 stated that, the Doctors opined that due to injury to left eye and left side of face he sustained sudden loss of vision in left eye. P.W.1 has produced Exs.P10 and 11 Two Discharge Summary. In this case P.W.1 got examined Dr. Yamini Priya., as P.W.3. P.W.3 has produced Ex.P.28 - 2 Case Sheets. In this case on going through Ex.P.10, Ex.P.11 and Ex.P.28 it is noticed that left eye evisceration surgery done under G.A on 09.08.2016 at St. John's Hospital and left eye orbital implant under G.A. done on 05.12.2016. The Petitioner has taken treatment as an inpatient from 09.08.2016 to 22.08.2016. Further he has taken treatment as an inpatient from 04.12.2016 to 07.12.2016. The Petitioner has taken treatment as an inpatient for a period of 17 days. Under the circumstances by considering injuries sustained by the Petitioner and treatment taken by him and hospitalization, I am of the opinion that, it is reasonable to award Rupees 50,000/- under the head of pain and suffering.
16. P.W.1 deposed that, he spent Rupees 1,50,000/- towards medical, conveyance, nourishment and other incidental expenses. P.W.1 has produced Ex.P.14 Medical Bills - 71 in numbers to the tune of Rupees 1,10,052/-, Ex.P.15 - 35 Prescriptions and Ex.P.16 Medical Bills 5 in numbers to the tune of Rupees 2,794/-. In the cross-examination by the counsel for Respondent No.2 P.W.1 denied the suggestion that his entire expenses are SCCH 7 17 MVC 6849/2016 C/W 6850/2016 reimbursed by the Insurance Company. P.W.1 stated that he has not obtained Medi-Assist Insurance Policy. In this case as already discussed the Petitioner sustained left eye open globe injury with multiple lacerated wound over facial region and he has taken treatment as an inpatient for a period of 17 days. Under the circumstances, there is no reason to disbelieve the Medical Bills produced by the Petitioner and hence I am of the opinion that, it is reasonable to award Rupees 1,12,846/- under the head of medical expenses and Rupees 10,000/- under the head of special diet and Conveyance.
17. P.W.1 stated that, prior to the accident, he was hale and healthy and was doing catering work to various functions, marriages etc., as head cook and was earning Rupees 25,000/- p.m. P.W.1 stated that the Doctor has advised for bed rest with regular follow-up treatment. P.W.1 stated that, he was not in a position to do work and he sustained loss of income. In this case the Petitioner has not produced any documents before the court to show his avocation and income. It is to be noted that as per Ex.P.12 Aadhar Card as on the date of accident the age of the Petitioner was 33 years. As already discussed petitioner has not produced any documents to prove his income, such being the case, the notional income of Petitioner is considered as Rupees 10,000/- p.m. The Petitioner require at least 2 months period to recoup from accidental injuries and during that period he was not in a position to work and the said loss is to be compensated.
SCCH 7 18 MVC 6849/2016C/W 6850/2016 Under the circumstances, it is reasonable to award compensation of Rupees 20,000/- under the head of loss of earning during treatment period.
18. P.W.1 stated that due to accidental injuries he sustained permanent disability and he is not in a position to do work, as such he sustained future loss of income. In support of his case, P.W.1 got examined Dr.Yamini Priya as P.W.3. P.W.3 deposed that she has given treatment to the Petitioner and thereafter she has assessed disability of Petitioner. P.W.3 stated that Petitioner sustained 40% disability as he lost eye vision of left eye and sustained facial disfigurement. P.W.3 has produced Ex.P.24 Police Intimation, Ex.P.25 Emergency Case Sheet, Ex.P.26 OPD Book, Ex.P.27 ECG Report and Ex.P.28 Case Sheets Two in numbers. In the cross-examination P.W.3 stated that Artificial eye globe is inserted to left eye of Petitioner and left eye vision is completely lost. P.W.3 denied the suggestion that for loss of one eye vision 30% disability can be considered. P.W.3 stated that with certain difficulty petitioner can run Canteen. This Court by looking into the injuries sustained by the Petitioner and considering the medical records and evidence of Doctors Percentage of permanent disability to the whole body of Petitioner is taken as 30%. This Court has already considered the notional income of Petitioner as Rupees 10,000/- per month. As per Aadhar Card, the age of Petitioner was 33 years at the time of accident. For the age of 33 years, the multiplier is "16" as per the decision reported in: 2009 ACJ 1298 Sarala Varma Vs. Delhi SCCH 7 19 MVC 6849/2016 C/W 6850/2016 Transport Company. So, the loss of permanent physical disability would be 10,000 x 12 x 16 x 30/100 = Rupees 5,76,000/- . For the aforesaid reasons, it is reasonable to award compensation of Rupees 5,76,000/- under the head of loss of permanent disability.
19. Hence, the petitioner is entitled for total compensation of Rupees 7,68,846/- under different heads as below.
1. For pain and sufferings, Rupees 50,000.00 mental agony.
2. Actual medical expenses Rupees 1,12,846.00
3. For Special diet and Rupees 10,000.00 Conveyance.
4. For loss of earning during Rupees 20,000.00 treatment period
5. Permanent disability Rupees 5,76,000.00 Total Rupees 7,68,846.00
20. Issue No.2 in M.V.C.No.6850/2016: P.W.2 stated that in the accident he sustained left ulna and right knee sever injuries to head, legs and other grievous injuries all over the body and immediately after the accident he was shifted to Om Hospital, wherein he was taken first aid treatment and thereafter he was shifted to St. John's Hospital wherein he took treatment as an inpatient and during the course of treatment C.T. head and brain scan was done and the Doctor have advised him to take regular follow-up treatment and bed rest. P.W.2 stated that he incurred a SCCH 7 20 MVC 6849/2016 C/W 6850/2016 sum of Rupees 80,000/- towards medical expenses, conveyance, nourishment and attendant charges. P.W.2 stated that he was working as Area collection Manager at Bajaj Finance Ltd., and earning sum of Rupees 77,349/- p.m. P.W.2 stated that due to accidental injuries he sustained loss of earning and put to great financial hardship. P.W.2 has produced Ex.P.17 Wound Certificate, Ex.P.18 Discharge Summary, Ex.P.19 Pay Slip, Ex.P.20 Medical Bills, Ex.P.21 Photographs along with CD, Ex.P.22 Notarized Xerox copy of Aadhar Card and Ex.P.23 X-ray Film. In the cross-examination by the counsel for Respondent No.2 P.W.2 stated that since December 2010 he is working in Bajaj Finance Ltd., and he has not produced any documents to show that he obtained leave for a period of 15 to 20 days. P.W.2 stated that his company not reimbursed medical expenses. P.W.2 stated that except Ex.P.19 he has not produced any other documents to show that he is working at Bajaj Finance Ltd. P.W.2 stated that at present he is working at Bajaj Finance Ltd. P.W.2 denied the suggestion that as per Ex.P.17 he sustained only simple injuries. In this case on going through Ex.P.17 it is noticed that the Petitioner sustained simple injuries in a road traffic accident and he has taken treatment on 09.08.2016. P.W.2 has produced Ex.P.20 - 9 Medical Bills to the tune of Rupees 3,809/-. P.W.2 stated that due to the accidental injury he is not in a position to work and sustained permanent disability. In this case the documents available on record reveal that the Petitioner sustained simple injuries and the injuries sustained by the SCCH 7 21 MVC 6849/2016 C/W 6850/2016 Petitioner no way affect his future life or avocation. Under the circumstances by considering the injuries sustained by the Petitioner and treatment taken by him this Court opines that it is reasonable to award global compensation of Rupees 20,000/- including medical expenses of Rupees 3,809/- to the Petitioner.
21. Respondent No.2 admitted the issuance of Insurance Policy to Innova Car bearing registration No.KA-01-D-6246. This court already came to conclusion that the accident occurred due to rash and negligent act of driver of Innova Car bearing registration No.KA-01-D-6246. There is no evidence on record to prove that the owner of offending Car violated the terms and conditions of policy. There is no dispute that as on the date of accident the policy was in force. Under the circumstances, Respondent No.1 being the owner and Respondent No.2 being the insurer of offending vehicle are jointly and severally liable to pay compensation to the Petitioners in M.V.C.No.6849/2016 and M.V.C.No.6850/2016 with interest at the rate of 9% P.A. from the date of petition till realization. Accordingly, Issue No. 2 in M.V.C.No.6849/2016 and M.V.C.No.6850/2016 is answered partly in the Affirmative.
22. Issue No.3 in M.V.C.No.6849/2016: In view of above discussions, I proceed to pass the following:
SCCH 7 22 MVC 6849/2016C/W 6850/2016 ORDER The petition filed by the Petitioner under Sec.166 of I.M.V Act is hereby partly allowed with costs.
The petitioner is entitled for total compensation of Rupees 7,68,846/- along with future interest at the rate of 9% p.a. from the date of petition till realization of entire amount.
The respondent No.2 being the Insurer of offending vehicle is directed to deposit compensation amount within two months from the date of award.
Out of the compensation amount 75% is ordered to be released in favour of Petitioner by issuing an account payee cheque with proper identification and remaining 25% of the Award amount is ordered to be deposited in fixed Deposit Scheme in the name of the Petitioner in any nationalized Bank for a period for a period of three years.
Original copy of the Judgment shall be kept in M.V.C.No.6849/2016 and the copy of the same shall be kept in M.V.C.No.6850/2016.
The Advocate's fee is fixed at Rupees 1,000/-.
Draw award accordingly.SCCH 7 23 MVC 6849/2016
C/W 6850/2016
26. Issue No.3 in M.V.C.No.6850/2016: In view of above discussions, I proceed to pass the following:
ORDER The petition filed by the Petitioner under Sec.166 of I.M.V Act is hereby partly allowed with costs.
The petitioner is entitled for global compensation of Rupees 20,000/- along with future interest at the rate of 9% p.a. from the date of petition till realization of entire amount.
The respondent No.2 being the insurer of offending vehicle is directed to deposit compensation amount within two months from the date of award.
Entire compensation amount is ordered to be released in favour of Petitioner by issuing an account payee cheque with proper identification.
Original copy of the Judgment shall be kept in M.V.C.No.6849/2016 and the copy of the same shall be kept in M.V.C.No.6850/2016.
The Advocate's fee is fixed at Rs.1,000/-.
Draw award accordingly.
(Dictated to the steno, computerized by him, corrected by me and then pronounced in the open Court on 20.03.2018).
(SUJATHA. S) IX Addl. Small Causes Judge & XXXIV ACMM, Court of Small causes, Member, MACT-7, Bangalore.
SCCH 7 24 MVC 6849/2016C/W 6850/2016 ANNEXURE I. LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONERS;
P.W.1 : Rajashekar
P.W.2 : Y.Balasubramani
P.W.3 : Dr. Yamini Priya
II. LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONERS:
Ex.P.1 : FIR
Ex.P.2 : Complaint
Ex.P.3 : Vehicle seizer Report
Ex.P.4 : Spot Mahazar
Ex.P.5 : Sketch
Ex.P.6 : Charge Sheet
Ex.P.7 : IMV Report
Ex.P.8 : Wound Certificate
Ex.P.9 : Referral from and Scanning Report
Ex.P.10 : Discharge Summary dated
28.02.2016
Ex.P.11 : Discharge Summary dated
07.12.2016
Ex.P.12 : Notarized Xerox copy of Aadhar
Card of Petitioner
Ex.P.13 : Two Photographs along with CD
Ex.P.14 : Medical Bills (71 in nos.)
Ex.P.15 : Prescriptions (35 in nos.)
Ex.P.16 : Medical Bills (5 in nos.)
Ex.P.17 : Wound Certificate
Ex.P.18 : Discharge Summary
Ex.P.19 : Pay Slip (3 in nos.)
Ex.P.20 : Medical Bills (9 in nos.)
Ex.P.21 : Photograph along with CD
Ex.P.22 : Notarized Xerox copy of Aadhar
SCCH 7 25 MVC 6849/2016
C/W 6850/2016
card of Balasubramani Yuvaraj
Ex.P.23 : X-ray film
Ex.P.24 : Police Intimation
Ex.P.25 : Emergency case sheet
Ex.P.26 : OPD Book
Ex.P.27 : ECG Report
Ex.P.28 : Case sheet (2 in nos.)
III. LIST OF WITNESSES EXAMINED FOR THE
RESPONDENTS:
- NIL -
IV. LIST OF DOCUMENTS MARKED ON BEHALF OF
RESPONDENTS:
- NIL -
(SUJATHA. S)
IX Addl. Small Causes Judge & XXXIV ACMM,
Court of Small causes,
Member, MACT-7, Bangalore.