Bangalore District Court
Sri.M.Devakrupasagar vs Mr.Bhaskar.M.V on 21 September, 2015
BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL,
BANGALORE. (SCCH-11)
DATED THIS 21st DAY OF SEPTEMBER, 2015
PRESENT: SRI. GANAPATI GURUSIDDA BADAMI, B.A,LL.B(SPL).
I ADDL.SMALL CAUSES JUDGE & XXVII ACMM
M.V.C NO.2841/2013
PETITIONERS: 1. Sri.M.Devakrupasagar,
S/o.Late M.John Sudarshan,
Aged 44 years.
2. Smt.Cathleen Parimala,
W/o.M.Devakrupasagar,
Aged 35 years.
Both the petitioner's
R/a.No.BB, Gnana Nilaya,
4th Main, Near 30C Bus Stop,
Ganga Nagara,
Bangalore-560 032.
(By pleader - Sri.H.R.Jayaram)
- V/S -
RESPONDENT: Mr.Bhaskar.M.V.,
S/o.Venkataramanappa.M,
R/at No.363, 3rd Cross, Manikantan
Store, Opp Boston School Muthappa
Block, Ganga Nagara,
Bangalore-560 032.
(Exparte)
JUDGMENT
Petitioners have filed this claim petition against the respondent claiming the compensation for the death of deceased Suman Daniel.M in the road traffic accident. SCCH-11 2 MVC.No.2841/2013
2. It is averred that, on 23.2.2013 at about 3:00pm, deceased Suman Daniel.M was proceeding on motor cycle bearing No.KA-04-HF-999 which was driven by his friend Koushik. When the said vehicle reached near 7th Minister Quarters, the rider of said motor cycle ridden the said vehicle in rash and negligent manner endangering human life with high speed and dashed to road median by which they fallen down from motor cycle and deceased sustained grievous injuries and succumbed to the injuries on the way to the hospital. Later on, post mortem on the dead body was conducted at Bowring hospital, Bangalore and handed over to the petitioners. Petitioners have spent Rs.25,000/- towards funeral obsequies. Due to death of deceased, the petitioners have suffered irreparable loss, damage and untold misery. The accident has taken place due to rash and negligent driving by the rider of offending vehicle and jurisdictional police have registered the case against the rider of offending vehicle. Hence, the petitioners have claimed the compensation of Rs.14,00,000/- along with interest and costs.
3. Though, notice is published in the local newspaper, the respondent has not appeared and contested the claim petition. Hence, the respondent has been placed exparte. SCCH-11 3 MVC.No.2841/2013
4. Petitioner No1 himself examined as PW1 and got marked ExP.1 to 10 and closed the evidence.
5. Heard the arguments of learned counsel for petitioners and perused the evidence on record.
6. Points arise for my consideration is:
1. Whether petitioners prove that, their son deceased Suman Daniel.M succumbed to the injuries due to the actionable negligence on the part of rider of offending vehicle bearing No.KA-
04-HF-999 on 23.2.2013 at about 3:00pm when the deceased was proceeding on the said motor cycle at 7th Minister Quarters?
2. Whether petitioners are entitled for compensation as prayed in the claim petition? If so, what is quantum of compensation amount?
3. What order or award?
7. My findings on the above points are as under:
Point No1: In Affirmative Point No.2: Partly Affirmative; the petitioners are entitled to compensation of Rs.7,00,000/- with interest @ of 6% p.a. from the date of petition till complete realisation, from respondent.
Point No3: As per final order for the following:
REASONS
8. Point No1: As per evidence of PW1, on 23.2.2013 at about 3:00pm, his son deceased Suman Daniel.M was proceeding on the motor cycle bearing No.KA-04-HF-999 which was ridden by his friend Koushik. He has also stated that, when said vehicle reached near 7th Minister Quarters, at that time, SCCH-11 4 MVC.No.2841/2013 rider of said vehicle ridden the same in rash and negligent manner endangering human life with high speed and dashed road median. He has also stated that, his son sustained grievous injuries and succumbed to the injuries on the way to the hospital and accident taken place due to rash and negligent driving by the rider of offending vehicle.
9. Petitioners have produced true copy of FIR and complaint which are marked as ExP.1 and 2 and as per said documents, on 23.2.2013 at about 3:00pm, when the deceased and rider by name Koushik were proceeding on the motor cycle which was ridden by the rider of motor cycle in rash and negligent manner and dashed road median by which they fell down from motor cycle and deceased succumbed to the injuries on the way to the hospital. Petitioners have produced true copy of spot panchanama and hand sketch map which are marked as ExP.4 and 5 and as per said documents, the rider of motor cycle dashed the said vehicle to the center median and caused the accident. The petitioners have also produced true copy of motor vehicle inspection report which is marked as ExP.6 and as per said document, front head light mark, front mud guard, front indicator, brake pedal and petrol tank of motor cycle were damaged in the road traffic accident. Petitioners have also produced true copy of charge sheet which is marked as ExP.3 SCCH-11 5 MVC.No.2841/2013 and as per said document, the police have filed charge sheet against rider of offending vehicle for the offences punishable under section 279,304-A of IPC and section 146,196 and section 3(1) R/W.S.181 of Motor Vehicles Act. On perusal of said document, as on the date of the accident, the rider of offending vehicle was not holding driving licence and said vehicle was not having insurance policy. On perusal of oral and documentary evidence, they reveal that, the accident has taken place due to rash and negligent driving by the rider of offending vehicle. So I hold that, the petitioners have proved rash and negligent driving by the rider of offending vehicle. So I answer point No1 in the affirmative.
10. Point No2: PW1 has stated in his evidence that, prior to the accident, his deceased son was hale and healthy and death of his son has caused unbearable loss, loss of estate, love and dependency and affection and income to the family. He has stated that, it is very difficult for them to lead the life due to death of their son as he would have earned more after finishing his diploma program. The petitioners have produced true copy of post mortem report and inquest panchanama about the death of their son in the road traffic accident. They have produced true copy of birth certificate of their son and as per said document, the deceased was born on 22.6.1994 and he was aged about 19 SCCH-11 6 MVC.No.2841/2013 years at the time of his death. Petitioners have produced identity card of deceased issued by Nitte Meenakshi Institute of Technology and as per said document, the deceased was studying diploma program. The deceased was student and non earning member of family. Due to untimely death of deceased at young age, the petitioners have suffered mentally and they have lost love, affection of the deceased at their age. The deceased was student and aged about 19 years at the time of the accident. In the decision reported in Arvind Kumar Mishra V/s New India Assurance Company Ltd (2010) 10 SCC 254, Hon'ble Supreme Court awarded compensation of Rs.9,06,000/-. In the said decision, the deceased was aged about 25 years and he was student of Bachelor of Engineering (mechanical) and tribunal awarded compensation of Rs.2,50,000/- and Hon'ble High Court enhanced compensation of Rs.3,50,000/- and Hon'ble Supreme Court by following the decisions reported in G.M.Kerala SRTC V/s Susama Thomas and Sarla Verma V/s Delhi Transport Corporation enhanced compensation of Rs.9,06,000/-. In the judgment of Hon'ble Supreme Court in Civil Appeal No.9858/2013 between Radhakrishna and another V/s Gokul and others, the deceased was aged about 19 years and he was student of degree course in Engineering and tribunal awarded the compensation of Rs.1,92,000/- and Hon'ble SCCH-11 7 MVC.No.2841/2013 Supreme Court by considering estimated earning of deceased at Rs.42,000/- per annum and awarded the compensation of Rs.7,00,000/-.
11. The deceased was aged about 19 years as on the date of death and he was studying in diploma course in Nitte Meenakshi Institute of Technology. After completion of diploma course, the deceased was having bright future in his life and he would have occupied good salaried post and he would have earned sufficient income based on his post. But due to the untimely death of the deceased at his young age, the petitioners have not only lost love and affection of deceased; they have also lost income towards estate and future loss of income due to the death of their son at the young age. In the decision Arvind Kumar Mishra V/s New India Assurance Company Ltd (2010) 10 SCC 254, Hon'ble Supreme court taken the annual income of the deceased at Rs.42,000/- and applied multiplier of 18 and awarded the compensation of Rs.9,06,000/-. The Hon'ble Supreme Court followed the said decision in Civil Appeal No.9858/2013 and awarded the lumpsum compensation of Rs.7,00,000/-. In this case also, the deceased was having bright future and due to the untimely death of deceased, the petitioners have lost love and affection, bright future of deceased. The Hon'ble Supreme Court has awarded compensation of SCCH-11 8 MVC.No.2841/2013 Rs.7,00,000/- on similar set of facts in Civil Appeal No.9858/2013. In this case, the deceased was aged about 19 years and he was studying diploma course and in case, he was alive, he would have had bright future life and he would earned good post and got good salary, promotion in the future. Due to the death of deceased, the petitioners have suffered lot of pain and sufferings which they have to undergo throughout their life. Considering all these aspects and by following the judgment in Civil Appeal No.9858/2013 and decision reported in Arvind Kumar Mishra V/s New India Assurance Company Ltd (2010) 10 SCC 254, I hold that, the petitioners are entitled for lumpsum compensation of Rs.7,00,000/- along with interest at the rate of 6% per annum from the date of claim petition till its realisation from the respondent. So I answer Point No.2 in affirmative.
12. Point No3: For the reasons discussed above, I proceed to pass the following:
-:ORDER:-
The claim petition filed under section 166 of M.V.Act is hereby allowed with costs.
Petitioners are entitled for compensation of Rs.7,00,000/- along with interest at the rate of 6% p.a., from the date of claim petition till its realisation from respondent. SCCH-11 9 MVC.No.2841/2013
The respondent shall deposit awarded compensation amount within one month from the date of award.
On deposit of awarded compensation amount by the respondent, Rs.4,00,000/- is apportioned to the share of petitioner No.2 and Rs.3,00,000/- is apportioned to the share of petitioner No.1.
In the apportioned amount of Rs.4,00,000/- to the petitioner No.2, Rs.1,00,000/- shall be deposited in the name of petitioner No.2 in any nationalized or scheduled bank for the period of 5 years, failing to furnish particulars, the same shall be deposited at Karnataka Bank Limited, City Civil Court Extension, Bangalore. The remaining amount of Rs.3,00,000/- shall be released to petitioner No.2 by means of account payee crossed cheque on proper identification and endorsement.
In the apportioned amount of Rs.3,00,000/- to the petitioner No.1, Rs.1,00,000/- shall be deposited in the name of petitioner No.1 in any nationalized or scheduled bank for the period of 5 years, failing to furnish particulars, the same shall be deposited at Karnataka Bank Limited, City Civil Court Extension, Bangalore. The remaining amount of Rs.2,00,000/- shall be released to petitioner No.1 by means of account payee crossed cheque on proper identification and endorsement. SCCH-11 10 MVC.No.2841/2013
The interest on the entire award amount shall be released to the petitioner No.2 by means of account payee crossed cheque on proper identification and endorsement.
Advocate fee is fixed at Rs.1,000/-.
Draw award accordingly.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by me in open court on this 21st day of September, 2015.) I ADDL.SMALL CAUSES JUDGE & XXVII ACMM ANNEXURE WITNESSES EXAMINED FOR PETITIONERS:
PW.1 - Sri.Devakrupasagar
DOCUMENTS MARKED FOR PETITIONERS:
Ex.P.1 - True copy of F.I.R
Ex.P.2 - True copy of Complaint
Ex.P.3 - True copy of Chargesheet
Ex.P.4 - True copy of Hand Sketch Map
Ex.P.5 - True copy of Spot panchanama
Ex.P.6 - True copy of IMV report
Ex.P.7 - True copy of P.M. Report
Ex.P.8 - True copy of Inquest Panchanama
Ex.P.9 - Notarized copy of Birth Certificate
Ex.P.10 - Identity Card issued by Nitte Meenakshi
Institute of Technology
WITNESSES EXAMINED FOR RESPONDENTS :
-NIL-
SCCH-11 11 MVC.No.2841/2013
DOCUMENTS MARKED FOR RESPONDENTS :
-NIL-
I ADDL.SCJ. & MACT.