Bangalore District Court
Nagaraja vs Ramakrishna V.T on 12 November, 2024
KABC020001532023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU (SCCH-1).
DATED THIS THE 12th DAY OF NOVEMBER, 2024
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T., Bengaluru.
M.V.C. No.55/2023
Petitioner: Sri. Nagaraja
S/o late Dodda Mylappa,
Aged 54 years,
R/at: #@ 23, Chikkamallekere,
Bevinahalli village,
Thondebavi Hobli,
Gouribidanuru Taluk,
Chikkaballapur - 561 213.
(by Sri. Ketan S. Latur - Advocate)
-Vs-
Respondents: 1. Sri. Ramakrishna V.T.,
S/o Thimmarayappa,
R/a Veeragollahalli village,
Gowribidanuru Taluk,
Chikkaballapura District - 561 208.
(Owner of Lorry bearing
Reg.No.KA-40-A-6234)
(By Sri.B.Ramesh - Advocate)
2. Hthe Manager,
M/s Royal Sundaram General
Insurance Company Limited,
No.30, 3rd floor, JNR City Center,
Raja Ram Mohan Roy Road,
2 MVC No.55/2023
Sampangirama Nagara,
Bengaluru -560 027.
(Policy No.VGC0751782000101
Valid from03.08.2022 to 02.08.2023)
(by Sri.H.G.Srinivas-Advocate)
****
JUDGMENT
Petitioner asserting to be an injured suffered in a road traffic accident, filed application under Sec.166 of I.M.V.Act, claiming compensation worth Rs.25,00,000/- from the respondents who are the owner and insurer of the lorry bearing No.KA-40-A-6234, alleging that on 26.11.2022 at 17.30 hours, when riding motorcycle bearing No.KA-40-U- 6051 from Thondebavi towards Thipaganahalli near SH-9, Kallinayakanahalli Village, driver of the lorry bearing No.KA- 40-A-6234 drove the same from Doddaballapura side negligently, dashed the same to the motorcycle, thereby caused accident, caused injuries to the petitioner.
2. Petitioner took treatment at Government Hospital, Gowribidanur, Baptist Hospital, Bengaluru, by spending Rs.7,00,000/-. As on the date of accident, petitioner being aged about 54 years, used to earn Rs.25,000/- p.m., by working as a coolie.
3 MVC No.55/2023
3. Regarding the accident, Manchenahalli police registered a case in Cr.No.240/2022 against the driver of lorry.
4. In response to the notice, the respondent No.2/insurance company appeared through his Advocate and filed written statement denying the allegation regarding reason and mode of accident, nature and consequence of the injuries suffered by the petitioner.
5. In response to the notice, respondent No.1 appeared through his advocate, but neither filed written statement nor participated in the proceedings.
6. On the basis of the pleadings on 13.12.2023 this Authority has framed the following issues:-
1.Whether the petitioner proves that on 26.11.2022 at about 5.30 p.m., at SH-9, Kallinayakanahalli village, Thondebavi Hobli, Gowribidanuru Taluk, Chikkaballapura, he met with an accident and sustained injuries, was due to actionable negligence act on the part of the driver of the Lorry bearing registration No.KA-40-A-6234 as alleged ?
2.Whether the petitioner is entitled to compensation ? If so,how much and from whom?4 MVC No.55/2023
3. What order ?
7. On 12.09.2023, 18.01.2024 petitioner deposed as PW.1 and produced 20 documents at Exs.P.1 to P.20. On 13.12.2023, 28.02.2024, 22.04.2024, 29.05.2024 petitioner produced evidence of Smt.Stella.M. - Medical record technician of Baptist Hospital, Punith Kumar - Senior Billing Executive of Baptist Hospital and Dr.Veeresha U Mathad as PW.2 to 4 and and get produced 10 documents at Exs.P.21 to P.30. On 31.07.2024 and 07.08.2024 respondent No.2/insurance company produced the evidence of an Officer as RW.1 and get produced two documents at Exs.R.1 & R.2.
8. I heard the arguments submitted on behalf of the petitioner, respondent No.2 and perused the records.
9. On the basis of the materials placed on record, my findings on the above issues are as under:
Issue No.1 ... In the Affirmative Issue No.2 ... petitioner is entitle to receive a sum of Rs.10,49,100/- with current and future interest at 6% p.a., from the respondents.
Issue No.3 ... As per final order for the following:-5 MVC No.55/2023
REASONS
10. Issue No.1 :- In the evidence, petitioner stated that 26.11.2022 at 17.30 hours, when riding motorcycle bearing No.KA-40-U-6051 from Thondebavi towards Thippaganahalli near SH-9, Kallinayakanahalli Village, driver of a lorry bearing No.KA-40-A-6234 drove the same negligently from Doddaballapura side, dashed the same to the motorcycle, thereby caused accident, caused injuries to the petitioner.
11. In the written statement the respondent No.2/insurance company denied the allegation regarding reason and mode of the accident.
12. In the cross-examination PW.1 stated that on the date of accident he was riding splendor motorcycle and in the accident lost driving licence which was kept in the motorcycle and on the date of accident, proceeding from Thondebavi towards Tippaganahalli. Petitioner stated that the place of accident is not a big road, however the same is a two way traffic area. Petitioner denied the suggestion that on the middle of the road the accident taken place, however 6 MVC No.55/2023 stated that head on collision taken place between the vehicles i.e., motorcycle and the lorry. Petitioner denied the suggestion that as per the IMV report, only diesel tank of the lorry has been damaged and there is no fault of the driver of the lorry. Petitioner denied the suggestion that he dashed the motorcycle to the right side of the moving lorry. Petitioner denied the suggestion that as he rode the motorcycle without wearing helmet and negligently, accident took place.
13. In the evidence PW.2 Medical record technician of Baptist Hospital produced MLC register extract and police intimation at Ex.P.22 and P.23. In the cross-examination PW.2 submitted that in case of accidental injuries, the hospital authorities register MLC cases and in Ex.P.22, the history of the injuries are noted as 'RTA' without mentioning the details.
14. In the evidence PW.3-Puneeth Kumar-Senior Billing Executive of Baptist Hospital and PW.4 Dr.Veeresha U.Mathad stated nothing regarding the reason and mode of the accident.
15. In the evidence RW.1-Law Officer of the insurance 7 MVC No.55/2023 company-an hearsay witness stated that the accident occurred due to the rash and negligent act on the part of the petitioner by riding the motorcycle without helmet. In this case there is no explanation on behalf of the respondent No.2/insurance company under which provision of law the evidence of RW.1-an hearsay witness is either admissible or believable.
16. Ex.P.1 is the copy of the FIR and complaint pertaining to Cr.No.240/2022 registered by Manchenahalli Police on 27.11.2022 against the driver of the lorry bearing No.KA-40-A-6234 for having committed the offence punishable under Sec.279 and 337 of IPC, by dashing the lorry bearing No.KA-40-A-6234 to the motorcycle bearing No.KA-40-U-6051 resulting in injuries to the petitioner, on the basis of the complaint presented by Raju C.N. S/o Nagaraju (petitioner). Ex.P.2 is the copy of the statement of the petitioner recorded on 18.01.2023. Ex.P.3 is the copy of the spot mahazar recorded on 27.11.2022. Annexure of Ex.P.3 is the sketch of the place of accident in which it is noted that on the eastern part of south-north road, collision taken place between the lorry and the motorcycle which are 8 MVC No.55/2023 running in the opposite direction.
17. Exs.P.4 & P.5 are the copy of photo of the lorry and the motorcycle involved in the accident. Ex.P.6 is the copy of the Motor Vehicle Accident report. Ex.P.7 is the copy of wound certificate in which reason for the injuries are noted as 'road traffic accident at around 5.40 p.m., on 26.11.2022 (issued by General Hospital, Gowribidanuru). Ex.P.8 is the copy of the chargesheet filed by Manchenahalli police in Cr.No.240/2022 against Lingaraju C.G. S/o Gangappa - driver of the lorry bearing No.KA-40- A-6234 for having committed the offence punishable under Sec.279 and 338 of IPC. Ex.P.9 is the copy of the Order sheet pertaining to CC No.38/2023 on the file of Sr.Civil Judge & JMFC, Gowribidanuru, registered on the basis of the chargesheet filed in Cr.No.240/2022 of Manchenahalli police station against Lingaraju S/o Gangappa for the offence punishable under Sec.279 and 338 of IPC, which shows that on 20.04.2023 Lingaraju S/o Gangappa/accused appeared before the court, pleaded guilty for having committed the offence punishable under Sec.279 and 338 of IPC, suffered sentence of payment of 9 MVC No.55/2023 fine. In the police records, name of the petitioner is noted as 'rider of the motorcycle No.KA-40-U-6051 and injured of the accident'. In this case there are no reasons to disbelieve the evidence placed by the petitioner regarding reason, mode and consequence of the accident. Hence, I have concluded that on 26.11.2022 at 17.30 hours, when petitioner was riding motorcycle bearing No.KA-40-U-6051 from Thondebavi to Thippaganahalli near SH-9, Kallinayakanahalli Village, Lingaraju S/o Gangappa - negligently drove the lorry bearing No.KA-40-A-6234 from Doddaballapura side, dashed the same to the motorcycle, thereby caused accident, caused injuries to the petitioner. Hence, I answer Issue No.1 in the Affirmative.
18. Issue Nos.2 & 3: In the lengthy argument, learned advocate appearing for the petitioner by analysing the evidence available in the file, requested to award compensation as claimed in the petition by relying on the following Judgments:
1. 2020 ACJ 2517 (SC) (Lalan D & Anr. Vs. Oriental Insurance Co.Ltd.) DD - 17.09.2020
2. 2023 ACJ 490 (KANT) (Manjunath Vs. Sunil & Anr.) DD - 19.04.2022 10 MVC No.55/2023
3. 2024 AAC 1121 (SC) (Aabid Khan Vs. Dines)(DB)-
DD - 09.04.2024
4. 2012 ACJ 1459 (Manoj Rathaur Vs. Anil Raheja & Ors.) DD - 02.11.2011
19. In the lengthy argument, learned advocate appearing for the respondent No.2 by analysing the evidence available in the file, submitted that as on the date of alleged accident, the petitioner being aged more than 65 years, petitioner has taken treatment under BPL card, money spent towards treatment are reimbursed.
20. In the light of the submission made on behalf of both the parties and on the basis of the Judgments cited above, I have appreciated the materials available in the file.
21. In the evidence petitioner stated that in the accident, he has suffered a) right frontotemporoparietal acute subdural hematoma, b) multiple right frontal lobe contusions, c) comminuted and compound right frontal bone fracture, d) fracture of para nasal sinuses and e) other grievous injuries all over the body, took treatment at Government Hospital, Gowribidanuru, then took treatment at Baptist Hospital Bengaluru, by spending Rs.9 Lakhs, then took follow up treatment by spending Rs.3,000/- per 11 MVC No.55/2023 trip and as on the date of accident, used to earn Rs.25,000/- per month by working as a agricultural coolie.
22. In the written statement, respondent No.2/insurance company denied the allegation regarding the nature and consequence of the injuries suffered by the petitioner.
23. In the cross-examination petitioner stated about taking of treatment as an inpatient for a period of six months and as an inpatient for three times. Petitioner denied the suggestion that in Ex.P.16(1) it is noted that during discharge he had no difficulties. Petitioner denied the suggestion that in the Discharge Summary his date of birth is noted as 07.06.1960, therefore his age is 62 years 06 months as on the date of accident. PW.1 denied the suggestion that the Health Insurance Company has paid all the medical expenses and in Ex.P.19(1) insurance number is mentioned as 78978 and in Ex.P.19(98) insurance number is mentioned as 280400147195. Petitioner denied the suggestion that he never spent Rs.7,19,000/- towards medical expenses. Petitioner denied the suggestion that he never earned Rs.25,000/- p.m., by working as an 12 MVC No.55/2023 agricultural coolie.
24. In the evidence PW.3 Senior Billing Executive of Baptist Hospital, Bengaluru, stated that Ex.P.19(1) and (98) are the final bills of Baptist Hospital and those bills pertains to the patient Nagaraja who had no insurance coverage and who had not claimed any amount through the medical insurance. In the cross-examination several questions are asked to PW.3 about the insurance coverage, GST and medical insurance facility.
25. In the evidence PW.4 Dr.Veeresha U Mathad stated that on 04.03.2024 and 05.04.2024, when clinically examined the petitioner, noticed that the petitioner suffered permanent neurological disability of 71% due to head injury. In the evidence PW.4 produced clinical notes along with MMSC report, authorization letter issued by Dr. Prathibha, neuropsychological assessment report with work sheet, MRI brain report and MRI films at Exs.P.26 to P.30. In the cross-examination PW.4 submitted that he never personally treated petitioner, however verified copy of the case file of Baptist hospital. PW.4 submitted that as per the wound certificate and discharge summary and other 13 MVC No.55/2023 documents, petitioner suffered only head injury. PW.4 submitted that petitioner underwent brain surgery for two times. PW.4 admitted that the all the brain injuries are healed.
26. In the evidence RW.1 stated nothing regarding the nature and consequence of the injuries suffered by the petitioner.
27. Wound certificate, discharge summary, case files, medical bills, prescriptions and other medical records shows that in the accident petitioner suffered the following injuries:
1) right frontotemporoparietal acute subdural hematoma,
2) multiple right frontal lobe contusions,
3) comminuted and compound right frontal bone fracture,
4) fractures of para nasal sinuses took treatment at Government Hospital, Gowribidanuru, then took treatment at Baptist Hospital, Bengaluru as an inpatient from 26.11.2022 to 28.12.2022, 16.02.2023 to 17.02.2023, 06.03.2023 to 10.03.2023 by spending approximately Rs.7,19,100/-.
28. In the copy of the Aadhaar Card marked at 14 MVC No.55/2023 Ex.P.18, date of birth of the petitioner is noted as 07.06.1968. In the Discharge Summaries, the age of the petitioner is noted as 62 years 6 months and 20 days.
29. In the file there are no documents regarding occupation and income of the petitioner. As referred above, PW.4 Dr.Veeresha U Mathad has stated that he never treated the petitioner and stated that due to the head injury petitioner suffered permanent neurological disability at 71% and the brain injuries of the petitioner are healed. The evidence on record shows that on 18.01.2024 petitioner faced cross-examination made by Sri. HGS-Advocate and gave answers to several type of questions put by Sri. HGS- Advocate. In this case petitioner has not produced evidence to show either decrease in the income or loss of income subsequent to the treatment taken for the injuries suffered in the accident, I have inferred that the evidence of PW.4 is insufficient to award compensation under the head of loss of future income.
30. Considering the nature of the injuries suffered by the petitioner in the accident, length, place and treatment taken, I award compensation of Rs.1,30,000/- towards pain 15 MVC No.55/2023 and suffering, Rs.7,19,100/- towards treatment charges, Rs.50,000/- towards attendant and conveyance charges, Rs.1,50,000/- (15000/- x 10 months) towards loss of income during treatment period and Rs.1,00,000/- towards loss of amenities and unhappiness. Hence, the petitioner is entitle to receive a sum of Rs.10,49,100/- with current and future interest at 6% p.a., as compensation.
31. Copy fo the policy marked at Ex.R.2 shows that as on the date of accident, lorry No.KA-40-A-6234 had insurance coverage with respondent No.2. In this case there are no evidence to show that as on the date of accident, respondent No.1/owner of the lorry had violated any terms of the policy. Hence, I came to the conclusion that the respondents being the owner and insurer of the lorry bearing No.KA-40-A-6234 are liable to pay compensation and an award is to be passed directing the respondents to pay compensation to the petitioner. Hence, I answer Issue No.2 partly in the affirmative and pass the following:
16 MVC No.55/2023
ORDER Petition filed by the petitioner under Sec.166 of IMV Act, is partly allowed in the following terms:
The respondents shall either jointly or severally pay Rs.10,49,100/- (Rupees Ten Lakhs Forty nine Thousand One Hundred only) with current and future interest at the rate of 6% per annum to the petitioner towards compensation.
Respondents No.2 being the insurer of lorry bearing No.KA-40-A-6234 shall deposit compensation amount and interest within three months from today.
After deposit of compensation and interest, entire compensation amount and interest may be released to the petitioner by crediting the same to his bank account directly.
Advocate fee is fixed at Rs.1,000/-.
Draw an Award accordingly.
(Dictated to the Stenographer Gr.I, transcribed and typed by her, corrected and then pronounced by me in the Open Court on this the 12th day of November, 2024.) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.17 MVC No.55/2023
Annexure Witnesses examined on behalf of the petitioner: P.W.1 : Nagaraja - 12.09.2023, 18.01.2024, P.W.2 : Stella.M. - 13.12.2023 P.W.3 : Punith Kumar N - 28.02.2024 P.W.4 : Dr.Veeresha U Mathad - 22.04.2024, 29.05.2024 Documents marked on behalf of the petitioner:
Ex.P-1 Certified copy of FIR with complaint Ex.P-2 Certified copy of statement of the petitoner Ex.P.3 Certified copy of spot mahazar with sketch Ex.P.4& 5 Certified copy of photos of the vehicles Ex.P-6 Certified copy of IMV report Ex.P-7 Certified copy of wound certificate Ex.P-8 Certified copy of the chargesheet Ex.P.9 Certified copy of the order sheet in CC No.38/2023 Ex.P.10 Certified copy of the notice issued u/sec.133 of IMV Act Ex.P.11 Certified copy of the reply to the notice Ex.P.12 Certified copy of the indemnity bond executed by the accused Ex.P.13 Referral card Ex.P.14 Outpatient record Ex.P.15 Transfer out summary Ex.P.16 Discharge summary Ex.P.17 Case summary and admission of HCAH-
North, Bengaluru
Ex.P.18 Notarized copy of Aadhaar card of PW1
Ex.P.19 Medical bills (98)
Ex.P.20 Advance bills (13)
Ex.P.21 Authorization letter
Ex.P.22 Certified copy of MLC register extract
18 MVC No.55/2023
Ex.P.23 Certified copy of police intimation
Ex.P.24 Case sheet
Ex.P.25 Authorization letter
Ex.P.26 Clinical notes along with MMSC report
Ex.P.27 Authorization letter
Ex.P.28 Neuropsychological assessment report
with work sheet
Ex.P.29 MRI brain report
Ex.P.30 MRI films (4)
Witnesses examined on behalf of the respondents :
RW.1 Karthik Mahadev - 31.07.2024 Documents marked on behalf of the respondents: Ex.R.1 Authorization letter Ex.R.2 Certified copy of policy pertaining to lorry bearing No.KA-40-A-6234 (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.