Bangalore District Court
Sri. Srinivasa N Kumar vs Reliance General Insurance on 13 January, 2020
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE.
(SCCH11)
SCCH-25
DATED THIS 13th DAY OF JANUARY, 2020
PRESENT: SMT. B.S.RAYANNAWAR, B.A, L.L.B.
I ADDL.SMALL CAUSES JUDGE & MACT
M.V.C No.2734/2017
PETITIONER: Sri. Srinivasa N Kumar
S/o. M.Nagendra Kumar,
Aged about 22 years,
R/o H.No.255459203,
Srinivasa Apartments Nandyal,
Kurnool District,
A.P.State - 518 501.
(By Sri.R.H............ Advocate)
V/S
RESPONDENTS: 1. Reliance General Insurance
Co., Ltd., by its Manager,
No.28, Centinary Building,
East Wing, 5th Floor,
Near Citi Bank,
M.G.Road, Bangalore - 1.
(Insurer of Water Tanker No.KA03AB4545)
(By H.T.V............Advocate)
2. Leelavathi C
W/o Srinivas
SCCH - 25 2 MVC No.2734/2017
Aged Major,
R/o NO.248,
Patel G.Narayanappa Garden,
R.G.Halli, Ramagondanahalli,
White Field Post,
Bangalore - 560 066.
(RC owner of Water Tanker
No.KA03AB4545)
(Exparte)
*****
JUDGMENT
The petitioner has filed this petition under Section 166 of Motor Vehicle Act praying for compensation of Rs.8,00,000/ from the Respondents for the injuries sustained by him in road traffic accident.
2. The case of the petitioner in brief is as hereunder:
It is averred that on 19.12.2016 at about 12.40 pm., the Petitioner was riding motorcycle No.KA04JG0693 proceeding from Siddapaur towards Accenture company slowly & cautiously on the left side of the road infront of GEO Company, Nallurahalli main road, SCCH - 25 3 MVC No.2734/2017 Bangalore. At that time the driver of the water tanker NO.KA03AB 4545 coming from the same direction in a high speed and in a rash and negligent manner so as to endanger to human life came to the extreme wrong side of the road and dashed against the motorcycle No.KA04JG0693 from rear side. Due to the server impact the motorcycle fell down along with rider in which the Petitioner was a rider causing grievous severe injuries to the Petitioner as mentioned in column No.11. Immediately after the accident the Petitioner was taken to Vydehi Hospital, Bangalore for treatment, wherein he took first aid and later shifted to Columbia Asia Hospital and was admitted as an inpatient from 19.12.2016 to 23.12.2016 for about 5 days and again took treatment 17.01.2017 for one day. Wherein he was operated with internal fixation, as the injuries were severe the operation done was complicated the Petitioner was kept under treatment in the hospital and presently the Petitioner under treatment. Due to the grievous injuries and hospitalization the Petitioner has undergone enormous pain, suffering and mental agony. The Petitioner has spent Rs.2,00,000/ towards medicine and Rs.50,000/ towards incidental expenses. The accident was occurred SCCH - 25 4 MVC No.2734/2017 mainly due to rash and negligent driving of the Water Tanker No.KA 03AB4545 by its driver. Prior to the accident the Petitioner was hale and healthy, active and energetic and had no vices. At the time of accident the Petitioner was working as Software Engineer at Accenture company, Divyasree Technopark, SEZ, Kundalahalli Village, KR Puram, Bangalore and earning Rs.40,000/ per month. Due to the grievous prolonged treatment the Petitioner could not attend to his work and lost income. Due to the grievous injuries the Petitioner has suffered permanent disability and is unable to ride motorcycle, unable to lift heavy weight, gets cannot do routine work etc., The 1st Respondent is the insurer and the 2 nd Respondent is the RC owner of the Water Tanker No.KA03AB4545 in Cr.No.0517/2016 UNDER SECTION 279 & 337 of IPC. On these grounds petitioner has filed above petition for the relief's stated supra.
3. In spite of issuance of notice the Respondent No.2 did not appeared and placed exparte. In pursuance of notice, the Respondent No.2 appeared and contested the claim of the petitioner SCCH - 25 5 MVC No.2734/2017 by filing its written statement wherein, it has denied the allegations made in the petition as false and frivolous. It has further disputed the manner of the accident, age of the injured and quantum of the compensation claimed under different heads. Hence, they prayed for dismissal of the petition.
4. From the above facts, the following issues have been framed:
ISSUES
1) Whether the petitioner proves that, he has sustained injuries on account of road traffic accident took place infront of GOE Company, Nellurahalli Main Road, Bangalore due to rash and negligent driving of the driver of Water Tanker bearing Reg.No.KA03AB4545 dated 19.12.2016 at about 12.40 pm as alleged in the petition?
2) Whether petitioner is entitled for the compensation? If so, what is the quantum ? from whom ?
3) What order or award ?
5. In order to substantiate his case petitioner has got examined himself as PW.1 and has produced 22 documents marked SCCH - 25 6 MVC No.2734/2017 as Exs.P.1 to P.22. Dr.Kapendra Mouli - Orthopedic Surgeon, Kolambia Asia Hospital, Bangalore examined as PW.2 and produced 4 documents as per Exs.P.23 to P.26. Dr.Ramachandra - Asst. Professor of Orthopedics at Victoria Hospital examined as PW.3 and produced 2 documents as per Exs.P.27 & P.28. On the other hand the Respondents not led any evidence on their behalf.
6. Heard the arguments of Learned Counsel for Petitioner and the Respondent No.1.
7. Findings of this Court on the above issues are as under: Issue No.1 : In the Affirmative;
Issue No.2 : Partly in the Affirmative;
Issue No.3 : As per final order for the following: :REASONS:
8. Issue No.1: It is the case of the petitioner that, on 19.12.2016 at about 12.40 pm., the Petitioner was riding motorcycle SCCH - 25 7 MVC No.2734/2017 No.KA04JG0693 proceeding from Siddapaur towards Accenture company slowly & cautiously on the left side of the road infront of GEO Company, Nallurahalli main road, Bangalore. At that time the driver of the water tanker No.KA03AB4545 coming from the same direction in a high speed and in a rash and negligent manner so as to endanger human life came to the extreme wrong side of the road and dashed against the motorcycle No.KA04JG0693 from rear side. Due to the server impact the motorcycle fell down along with rider in which the Petitioner was a rider causing grievous severe injuries to the Petitioner.
9. The petitioner in order to substantiate his case has got examined himself as P.W.1. He has filed affidavit by way of examination in chief and has reiterated to the averments made in the petition. In his further examination in chief P.W.1 has produced FIR & Complaint, spot Mahazar, IMV report, Wound Certificate, charge sheet and spot sketch as per Exs.P.1 to Exs.P.6. Ex.P.1 complaint lodged by petitioner himself on the SCCH - 25 8 MVC No.2734/2017 basis of which White field Police have registered FIR as per Ex.P.1, drawn spot Mahajar as per Ex.P.2 and sketch as per Ex.P.6, IMV report at Ex.P.3 and charge sheet as per Ex.P.5 and petitioner has produced Ex.P.4 wound certificate shows that the petitioner sustained injury in RTA on 19.12.2016. Charge sheet clearly discloses that criminal case was registered and filed against the driver of the offending vehicle.
10. During cross examination it is denied suggestion that accident occurred due to his negligence and not by the driver of the Water Tanker. It is denied suggestion that he ridden his motorcycle in fast manner lost control and dashed against the offending vehicle form its hind side. Further deposed that after the accident he was shifted to Vydehi hospital then to Colombia Asia hospital. He took treatment for 5 days as an inpatient. It is denied suggesstion that in the said accident he sustained simple injury. Admitted that Rs.2,80,000/ medical bills paid by the insurance company and he spent Rs.80,000/ also admitted SCCH - 25 9 MVC No.2734/2017 that he continued his service and now he is working as a Software Engineer in Accenture Pvt., Ltd., and getting same salary as he was getting earlier to the accident. Further deposed that he lost 3 months salary. Regarding rash and negligent driving of the driver of the offenidng vehicle nothing is eliciated to disbelieve the case of the Petitoner. The respondents have not adduced any evidence in support of their contention. There are no documents produced by the respondents to attract contributory negligence on part of the petitioner. Nothing is elicited from mount of PW.1 to dismiss claim petition. By perusal of oral and document exhibited on side of the petitioner, this tribunal is of the opinion that accident was taken place due to rash and negligent driving of driver of the Water Tanker, result in which petitioner had sustained grievous injuries. The petitioner has proved issue no.1, Hence, I answered issue No.1 in the Affirmative.
SCCH - 25 10 MVC No.2734/2017
11. Issue No.2: PW.1 has stated in his evidence that,
due to the impact of accident, he sustained grievous injuries such as posterior dislocation of right ulna, humeral joint, crush injury of right elbow, injury of radial nerve at upper right arm level and other injuries. Immediately after the accident he was taken to Vydehi Hospital, Bangalore for treatment, wherein he took first aid and later shifted to Columbia Asia Hospital and was admitted as an inpatient from 19.12.2016 to 23.12.2016 for about 5 days and again took treatment 17.01.2017 for one day. Again he was admitted for third time on 29.06.2017 to 30.06.2017 for about two days. Wherein he was operated with internal and external fixation, as the injuries were severe the operation done was complicated and he was kept under treatment in the hospital and presently under treatment. Due to the grievous injuries and hospitalization he has undergone enormous pain, suffering and mental agony. He has spent Rs.2,00,000/ towards medicine and Rs.50,000/ towards incidental expenses. The accident has occurred mainly due to SCCH - 25 11 MVC No.2734/2017 rash and negligent driving of the Water Tanker No.KA03AB 4545 by its driver. Prior to the accident the Petitioner was hale and healthy, active and energetic and had no vices. At the time of accident he was working as Software Engineer at Accenture company, Divyasree Technopark, SEZ, Kundalahalli Village, KR Puram Hobli, Bangalore - 560 066 and earning a sum of Rs.40,000/ per month. Due to the grievous injuries, prolonged treatment he could not attend to his work and lost income till today. Due to grievous injuries he has suffered permanent disability as he is unable to ride motorcycle, unable to lift heavy weight, gets cannot do routine work etc.,
12. Petitioner examined Dr.Kapendra Mouli - Orthopedic Surgeon, Kolambia Asia Hospital, Bangalore as PW.2 and produced Exs.P.23 to P.26 inpatient records (3 in nos.) and X rays (3 in nos.)
13. Petitioner got examined Dr.S.Ramachandra as PW.3 SCCH - 25 12 MVC No.2734/2017 who filed his affidavit in lieu of his examination in chief and produced document Ex.P.27 OPD card and Ex.P.28 Xray film. PW.3 deposed that on 19.12.2016 at about 12.40 p.m., he examined the petitioner for assessment of disability. Petitioner was diagnosed to have, OPEN DISLOCATION OF RIGHT ELBOW WITH VASCULAR COMPROMISE AND WRIST DROP (RADIAL NERVE PALCY). Operation: wound wash out, right elbow spamming external/Fixator exploration, debridment with repair of plexor muscles of elbow and closure of wound right. Discharged on 23.12.2016. Second admission on date 17.01.2017 diagnosis: post operative (OP) spamming of external fixator right elbow. Procedure of removal of the external fixator, debridement and wash out of the wound. Discharged on date 17.01.2017. Third admission on date: Operation of ORIF open reduction internal fixation of the fracture of ulna of right forearm done with LCDCP and screws on date: Discharged on date: Recently he examined the patient at Victoria Hospital(BMC & RI) on 30.04.2019 exclusively for disability SCCH - 25 13 MVC No.2734/2017 assessment. Two surgical scars are present, at 10 cms long in ventral aspect of right elbow region and another 5 cms long ulna in back of right forearm. PW.3 assessed 47.27% of disability of right upper limb which is about 15.75% of whole body. Radiological (Xray) examination revealed Superior radio ulnar joint of right forearm shows posterior dissociation (Dislocation) of right radius. Fracture of right ulna shows UNION with implants in situ. The Petitioner suffers the permanent residual physical disability of about 15.75% of whole body. Patient is advised to undergo two more operations for correction of dislocation of superior radio ulnar joint by appropriate procedures. Implants removal from right ulna.
14. Admittedly PW.3 is not treated doctor. During cross examination it is denied suggesion that he asessed the disability on higher side.
15. It is the contention of the petitioner that prior to the SCCH - 25 14 MVC No.2734/2017 accident he was working as Software Engineer at Accentrue company, Divyasree Technopark, SEZ, Kundalahalli Village, KR Pura Hobli, Bangalore and earning Rs.40,000/ per month. To prove his income Petitioner has produced pay slips as per Exs.P.13. But during cross examination PW.1 deposed that, £Á£ÀÄ DåPìÉAZÀgï ¥ÉçÊ.°. £À°è ¸Á¥sïÖªÉÃgï EAf¤AiÀÄgï DV PÉ®¸À ªÀiÁqÀÄwÖzÉÝ. FUÀ®Æ £Á£ÀÄ CzÉà PÀA¥À¤AiÀÄ°è PÉ®¸À ªÀiÁqÀÄwÛzÉÝÃ£É JAzÀgÉ ¸Àj. £À£ÀUÀ C¥ÀWÁvÀPÉÌ ªÉÆzÀ®Ä §gÀÄwÛzÀÝ ¸ÀA§¼ÀªÉà FUÀ®Æ §gÀÄwÛzÉ JAzÀgÉ ¸Àj." It shows that, now also the petitioner is working in the same company in a same position. Hence petitioner not entitled for any future loss of income.
16. From the above evidence of PWs.1 and 3 the medical records, it is forthcoming that in the said accident Petitioner has sustained grievous injuries for which he was treated at the SCCH - 25 15 MVC No.2734/2017 above said Hospital as an inpatient. So by considering the pain and suffering of the Petitioner, it is just and proper to award a sum of Rs.40,000/ under the head of pain, shock and agony.
17. Petitioner has produced medical bills at Ex.P.21 to a tune of Rs.83,246/. Hence, the Petitioner is entitled for compensation of Rs.83,246/ rounded off to Rs.83,250/ under the head of Medical Expenses.
18. As per Exs.P.8 to P.10 discharge summaries, petitioner has taken treatment as inpatient from 19.12.2016 to 23.12.2016 and from 17.01.2017 and from 29.06.2017 to 30.06.2017 in total for 8 days and the nature of injuries sustained by the petitioner certainly calls for follow up treatment. Considering the period that the petitioner took treatment as an inpatient and expenses towards conveyance, the petitioner is entitled for compensation of Rs.2,400 under SCCH - 25 16 MVC No.2734/2017 the head food, attendant, conveyance, nourishment and other incidental charges etc.,
19. PW.1 further deposed that, prior to the accident he was working as Software Engineer and earning Rs.40,000/ per month. Petitioner produced Ex.P.13 which reveals that he was getting salary of Rs.38,738/ per month. But the Petitioner not examined the salary disburse authority. On account of the said accidental injuries now he has become disabled to do his earlier work or any other manual work and PW.1 deposed that he lost 3 months salary but has not examined any salary disburse authority. Hence, notional income of the Petitioner is taken as Rs.10.000/ per month and there is no document to show that the Petitioner lost 3 months salary. Taking into consideration of the injury and period of treatment Petitioner would have taken one month rest. Hence petitioner is entitled for compensation of Rs.10,000/ under the head of loss of income during laid up SCCH - 25 17 MVC No.2734/2017 period and Rs.20,000/ under the head of loss of amenities in life.
20. PW.1 continued in his work hence petitioner not entitled for compensation under the head of loss of loss of earning capacity.
21. PW.3 doctor deposed that, the petitioner advised to undergo two more operations for correction of dislocation of superior radio ulnar joint by appropriate procedures, implants removal from right ulna. But he has not produced any estimation bill. Hence, considering the nature of injury and the period of treatment evidence on record, it is just and proper to award Rs.10,000/towards future medical expenses.
22. Thus in all the petitioner is entitled for compensation as mentioned hereunder :
SCCH - 25 18 MVC No.2734/2017
1. Pain and agony Rs. 40,000/
2. Medical Expenses Rs. 83,250/
3. Food, attendant, conveyance, Rs. 2,400/
nourishment and other
incidental charges etc.,
4. Loss of income during laid up Rs. 10,000/ period
5. Loss of amenities in life Rs. 20,000/
6. Further medical expenses Rs. 10,000/ Total Rs.1,65,650/
23. While discussing above, I have already come to the conclusion that, accident occurred due to the rash and negligent riding by the driver of the offending vehicle. Hence, respondent No.1 being the insurer and respondent No.2 is the owner are jointly and severally liable to pay the compensation of Rs.1,65,650/ to the Petitioner with interest at the rate of 9% per annum from the date of petition till its realization. Hence this issue is answered partly in the affirmative.
SCCH - 25 19 MVC No.2734/2017
24. ISSUE No.3: In view of the findings given on the
above said issues, I proceed to pass the following:
ORDER Petition filed by the petitioner u/s 166 of Motor Vehicles Act is hereby partly allowed with costs.
The petitioner is entitled for compensation of Rs.1,65,650/ with interest at 9% p.a. (Future medical expenses does not carry interest) from the date of petition till realization from Respondents.
The Respondent No.1 shall deposit the compensation amount within 30 days from the date of this order.
In the event of deposit of the said compensation amount, 25% shall be deposited in the name of petitioner for a period of 3 years in any nationalized bank or scheduled bank and the remaining 75% shall be released in favour of petitioner on proper identification.
Advocate fee is fixed at Rs.1,000/.
Office to draw award accordingly.
(Dictated to the stenographer over computer and then corrected by me, pronounced by me in open court on this 13th day of January, 2020.) SCCH - 25 20 MVC No.2734/2017 (B.S. RAYANNAWAR) C/C XXIII ADDL.SMALL CAUSES JUDGE & XXI ACMM ANNEXURE WITNESSES EXAMINED FOR PETITIONERS:
PW.1 Sreenivasa N Kumar
PW.2 Kapendra Mouli
PW.3 Dr.Ramachandra
DOCUMENTS MARKED FOR PETITIONERS:
Ex.P1 FIR & Complaint
Ex.P2 Spot Mahazar
Ex.P3 IMV report
Ex.P4 Wound Certificate
Ex.P5 Charge sheet
Ex.P6 Spot sketch
Ex.P7 Notarized copy of DL
Exs.P8 to P10 Discharge summaries
Ex.P11 Letter from Accentrue company dated
17.02.2015
Ex.P12 Annexure
Ex.P13 Pay slips 5
Ex.P14 Letter from Accenture dated 30.11.2016
Ex.P15 Pay slips
Ex.P16 Kotak Mahendra Bank Statement
Ex.P17 Lab report
Ex.P18 Invoice
Ex.P19 Letter from Ganesh Physiotherapy
Ex.P20 Receipts
Ex.P21 Medical bills
Ex.P22 Letter from Kolambia Asia
SCCH - 25 21 MVC No.2734/2017
Exs.P23 to Inpatient record 3 in nos.
P.25
Ex.P26 Xrays 3 in Nos.
Ex.P27 OPD Card
Ex.P28 Xray film
WITNESSES EXAMINED FOR RESPONDENTS :
NIL DOCUMENTS MARKED FOR RESPONDENTS : NIL C/C XXIII ADDL.SMALL CAUSES JUDGE & XXI ACMM SCCH - 25 22 MVC No.2734/2017 (Judgment pronounced in open court.) ORDER Petition filed by the petitioner u/s 166 of Motor Vehicles Act is hereby partly allowed with costs.
The petitioner is entitled for compensation of Rs.1,65,650/ with interest at 9% p.a. (Future medical expenses does not carry interest) from the date of petition till realization from Respondents.
The Respondent No.1 shall deposit the compensation amount within 30 days from the date of this order.
In the event of deposit of the said compensation amount, 25% shall be deposited in the name of petitioner for a period of 3 years in any nationalized bank or scheduled bank and the remaining 75% shall be released in favour of petitioner on proper identification.
Advocate fee is fixed at Rs.1,000/.
Office to draw award accordingly.
C/C XXIII ADDL.SMALL CAUSES JUDGE & XXI ACMM SCCH - 25 23 MVC No.2734/2017 SCCH - 25 24 MVC No.2734/2017 AWARD SCCH NO.25 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE CITY M.V.C No.2734/2017 PETITIONER: Sri. Srinivasa N Kumar S/o. M.Nagendra Kumar, Aged about 22 years, R/o H.No.255459203, Srinivasa Apartments Nandyal, Kurnool District, A.P.State - 518 501.
(By Sri.R.H............ Advocate) V/S RESPONDENTS: 1. Reliance General Insurance Co., Ltd., by its Manager, No.28, Centinary Building, East Wing, 5th Floor, Near Citi Bank, M.G.Road, Bangalore - 1.
(Insurer of Water Tanker No.KA03AB4545) (By H.T.V............Advocate)
2. Leelavathi C W/o Srinivas Aged Major, R/o NO.248, Patel G.Narayanappa Garden, R.G.Halli, Ramagondanahalli, White Field Post, SCCH - 25 25 MVC No.2734/2017 Bangalore - 560 066.
(RC owner of Water Tanker No.KA03AB4545) (Exparte) WHEREAS, this petition filed on by the petitioner/s above named U/sec.17A/166 of the M.V.C. Act, praying for the compensation of Rs. (Rupees ) for the injuries sustained by the petitioner/Death of in a Motor Accident by Vehicle No. .
WHEREAS, this claim petition coming up before Smt. B.S.Rayannawar, I Addl.Judge, Member, Bangalore, in the presence of Sri/Smt. Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER Petition filed by the petitioner u/s 166 of Motor Vehicles Act is hereby partly allowed with costs.
The petitioner is entitled for compensation of Rs.1,65,650/ with interest at 9% p.a. (Future medical expenses does not carry interest) from the date of petition till realization from Respondents.
SCCH - 25 26 MVC No.2734/2017 The Respondent No.1 shall deposit the compensation amount within 30 days from the date of this order.
In the event of deposit of the said compensation amount, 25% shall be deposited in the name of petitioner for a period of 3 years in any nationalized bank or scheduled bank and the remaining 75% shall be released in favour of petitioner on proper identification.
Advocate fee is fixed at Rs.1,000/.
Given under my hand and seal of the Court this day of 2019.
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, METROPOLITAN AREA: BANGALORE.
By the _______________________________________________ Petitioner/s Respondent No.1 No.2 ______________________________________________ Court fee paid on petition 700 Court fee paid on Powers 0100 Court fee paid on I.A. Process Pleaders Fee _______________________________________________ Total Rs.
_______________________________________________ SCCH - 25 27 MVC No.2734/2017 Decree Drafted Scrutinised by MEMBER, M.A.C.T. Decree Clerk SHERISTEDAR METROPOLITAN:
BANGALORE SCCH - 25 28 MVC No.2734/2017 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL COURT OF SMALL CAUSES, AT BENGALURU (SCCH25) DATED THIS THE DAY OF 2019 MVC No.5167/2018 PETITIONER/S: Krishnamurthy D.P. V/s RESPONDENT/S: Lohith & another ISSUES
1) Whether petitioner proves that, he sustained grievous injuries in the accident that occurred on 07.06.2018 at about 7.45 am., near Rashi Residency, Seegehalli Gate, Magadi Main Road, Dasanapura Hobli, Bangalore North Taluk, Bangalore Rural District, due to the rash and negligent riding of the rider of the motorcycle bearing reg.No.KA04JG3469?
2) Whether Petitioner is entitled for the compensation as prayed in the claim petition? If so, what is the quantum of compensation and from whom ?
3) What order or award ?
SCCH - 25 29 MVC No.2734/2017
C/C M.A.C.T. BANGALORE