Bangalore District Court
Mr.S.P.Vara Prasad vs Mr.A.Kannan on 18 July, 2016
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL;
B'LORE (SCCH-17)
DATED THIS THE 18th DAY OF JULY, 2016
PRESENT; Sri.A.SAMIULLA B.Sc. LL.B,
XIX Addl SCJ & MACT.
M.V.C.No.2369/2015
Petitioner : Mr.S.P.Vara Prasad
S/o Late. S. Padmaraj
Aged about 52 years,
R/at No.34/35,
Lagesha Tierra Layout,
Addeviswanathapura Road,
Rajanakunte, Hesaragatta,
Bengaluru.
Old Address: No.97, 2nd Main,
Income Tax Quarters,
Jayamahal Extension, Bangalore
North, Benson Town,
Bengaluru-560046.
,
(By Sri.NMS)
V/s
Respondent : Mr.A.Kannan,
S/o Perumal,
R/at No.48,
3rd Cross, Gangenahalli,
Bangalore. (Ex-parte)
SCCH 17 2 MVC 2369-15
J U D G M E N T
Petition is filed under Section 166 of MV Act seeking compensation for the injuries sustained in a road traffic accident.
2. The sum and substance of petitioner's case is that, on 19th day of March 2015 at quarter past seven in the morning the petitioner was proceeding on Kakolu-Rajankunte Road, Addevishwanathapura Cross, Hesaragatta Hobli, Bangalore on Honda Dio motor cycle bearing No.KA-04/HH-9144, at which point of time a Road Roller Engine No.4S 61642 being driven by its driver in a rash and negligent manner came in speed and caused accident by dashing to the motor cycle from behind, due to impact he fell down and sustained injuries. Immediately he was taken to Navachethana Hospital, Bangalore, wherein he took treatment as inpatient SCCH 17 3 MVC 2369-15 from 19.3.15 to 1.4.15. He spent considerable amount towards medical expenses. He is working as an income tax officer and his gross earning is Rs.72,036/- per month, due to accidental injuries he is not in a position to work as before. Jurisdictional Police have registered a case in Cr. No.43/15 against the driver of Road Roller for offences punishable u/S 279 & 337 of IPC. Respondent is the owner of Road Roller and he is liable to pay compensation. Hence petition is filed.
3. Respondent is the owner of offending vehicle, who remained absent in spite of service of notice. Consequently, he was placed exparte.
4. Following points arise for consideration.
SCCH 17 4 MVC 2369-15
POINTS
1. Whether petitioner proves that on 19.3.15 at about 7.15 a.m. he was proceeding on Honda Dio scooter bearing No.KA-04/HH-
9144 on Kakolu-Rajankunte Road, Addevishwanathapura Cross, Hesaragatta Hobli, Bangalore, met with an accident due to the actionable negligence on the part of driver of Road Roller Engine No.4S 61642 and sustained injuries as alleged?
2. Whether petitioner proves his age, avocation and income as alleged?
3. Whether petitioner is entitled for compensation? If so, at what rate and from whom?
4. What order or decree?
SCCH 17 5 MVC 2369-15
5. In guise of proving case, the petitioner examined himself as Pw.1, Medical Record Officer and Doctor were examined as Pw.2 & 3. Documents Ex.P1 to 22 were marked.
6. Heard the arguments.
7. Findings on the above points are as follows;
Point-1: Affirmative.
Point-2: Affirmative.
Point-3: Partly affirmative.
Point-4: As per final order for the following R E A S O N S
8. Point-1: Petitioner asserted that, due to actionable negligence on the part of driver of Road Roller he sustained injuries.
9. To demonstrate the negligence of driver of Road Roller, who caused accident resulting grievous injuries, the SCCH 17 6 MVC 2369-15 petitioner filed evidence affidavit reiterating the averments set out in the claim petition. He categorically stated that on that eventful day he was proceeding on Honda Dio, at that time a Road Roller caused accident by dashing to the rear side of his vehicle.
10. To strengthen his verbal evidence he placed reliance on documents viz., Ex.P1 is First Information Report registered in Cr.No.43/15 for the offences punishable under Section 279 & 337 of CrPC by the Rajankunte Police against the driver of Road Roller on the basis of report lodged by the petitioner. Ex.P2 is report lodged by the petitioner, wherein it is stated that the driver of Road Roller caused the accident by dashing to the hind portion of his vehicle. Ex.P3 is Spot Panchanama, wherein it is stated SCCH 17 7 MVC 2369-15 about the availability of vehicles involved in the accident in the place of accident and also stated that the rear portion of Honda Dio is damaged. Ex.P4 is the site plan Prepared by the Police showing the exact location of place of accident. Ex.P4 depicts that the Road Roller after dashing to the Honda Dio vehicle proceed further to the other side of road and hit an electric pole. Ex.P5 is the Motor Vehicles accident report, wherein it is stated that the accident is not due to any mechanical defect of vehicles in question and also stated about the damages of Honda Dio vehicle.
11. The ocular and documentary evidence relied by the petitioner is left unchallenged as the respondent fails to contest the petition. The factual matrix put forth by the petitioner remained intact, which clearly demonstrate the SCCH 17 8 MVC 2369-15 actionable negligence on the part of Road Roller resulted in injuries to the petitioner. Absolutely there is no impediment to accept the version of petitioner. Hence above point is answered in affirmative.
12. Point-2: Petitioner averred that, he is aged 52 years working as an Income Tax Officer drawing salary of 72,036/- rupees per month. Said facts are demonstratable through documentary evidence. For which petitioner relied on identity card issued by Income Tax Department, pay slip for the month of February & March 2015 & reimbursement of Medical Expenses (Ex.P9 to 12). These authenticated and undisputed documents issued by the Income Tax Department manifest that the petitioner is aged 52 years SCCH 17 9 MVC 2369-15 working as Income Tax Officer and his salary is Rs.72,030/- per month. Hence this point is answered in affirmative.
13. Point-3: Petitioner stated that, he sustained grievous injuries, which caused permanent disability and he incurred huge medical expenses. In that context let us determine just and reasonable compensation under the following heads;
a) Pain and suffering; The wound certificate, photos, negatives, case sheet of Navachethana Hospital, OPD booklet, X-ray, discharge summary produced by the petitioner show that he suffered following injuries in a road traffic accident.;
i) Fracture of both bones of left leg.
ii) Fracture of both pubic rami on right side.
SCCH 17 10 MVC 2369-15
iii) Crush injury of right foot exposing underlying muscles and tendons with fracture Calcaneum.
iv) Laceration of liver.
v) Laceration of right kidney with adrenal haemorrhage.
vi) Abrasion over back of right side.
vii) Abrasion over back of right side.
As per Medical Officer the injuries-1 to 5 are grievous injuries and injuries-6 & 7 are simple in nature. Discharge summary depicts that the Pw.1 was admitted on 19.3.15 and discharged on 1.4.15. He has undergone Open Reduction Internal Fixation with Locking Lateral Plate Tibia and wound debridement with split skin grafting of right foot and leg. PW.3 stated that a surgical scar of about 25 cm long is present on upper half of left leg and another scar of about 30 cms long extending over O ventral aspect of right ankle, SCCH 17 11 MVC 2369-15 lateral aspect of right ankle. Pw.3 stated that fracture of Tibia of left leg shows partial union with implants in situ. Fracture of Fiblua of left leg shows union. Fracture of right Calcaium shows union and fourth and fifth toes of right foot are missing due to post traumatic Amputation except proximal Phalanges. On careful perusal of documents supra, it is very clear that the petitioner sustained injuries and fracture in the accident. Hence looking to the injuries and also the surgeries underwent by the petitioner a sum of Rs.1,00,000/- is awarded under the head pain and sufferings.
b) Attendant charges, extra nutritious food and conveyance charges; The discharge summary of Navachethana hospital depicts that the Pw.1 was an SCCH 17 12 MVC 2369-15 inpatient from 19.3.15 to 1.4.15. Again he was admitted on 4.5.15 & discharged on 7.5.15 & undergone for debridement and STSG with disarticulation of toes right leg. Pw.1 has taken 104 days of medical leave. During said period, Pw.1 has to spent considerable amount on his conveyance, attendant charges and nutritious food. Considering all these facts, a sum of Rs.50,000/- is awarded under this head.
c) Medical expenses; P.w.1 stated that, he has spent Rs.5,50,000/- towards medical expenses and all the original medical bills are produced for reimbursement and the remaining amount of Rs.1,82,436/- was rejected. The document reimbursement of medical expenses (Ex.P12) shows that the claim of Rs.1,58,881/- and Rs.23,555/- is disallowed as they are in excess of CGHS rate. Thus the SCCH 17 13 MVC 2369-15 petitioner is entitled for medical expenses to the tune of Rs.1,82,436/-. Hence said amount is awarded under this head.
d) Loss of future amenities and happiness due to disability;
P.w.1 sustained fracture of both bones of left leg. Fracture of both pubic rami on right side. Crush injury of right foot exposing underlying muscles and tendons with fracture Calcaneum. Laceration of liver. Laceration of right kidney with adrenal haemorrhage. Abrasion over back of right side. Abrasion over back of right side.
Pw.3 stated that on clinical examination he found that the Pw.1 suffered the disabilities i.e., difficulty to stand and bear weight on either right leg or on left leg or on both.
SCCH 17 14 MVC 2369-15 To sit cross legged. To squat on the floor. To climb up and down the staircase. To walk on the slope. To Kneel and to walk on the plain surface.
Pw.3 stated that there is loss of range of movements of left knee joint and loss of power of muscles acting around left knee.
Pw.3 stated that the radiological examination reveals that the fracture of Tibia of left leg shows partial union with implants in situ. Fracture of Fiblua of left leg shows union. Fracture of right Calcaium shows union and fourth and fifth toes of right foot are missing due to post traumatic Amputation except proximal Phalanges. He stated that the Pw.1 suffered 23.3% permanent residual physical disability of the whole body. On considering the fact that, the fractures of fibula of left leg and right Calcaenium are SCCH 17 15 MVC 2369-15 united. Fracture of tibia of left leg is partial union with implants in situ, which are removable after union of facture; it appears that the disability of 23.3% is on higher side. Admittedly, Pw.3 is the Doctor, who not treated the Pw.1. Considering all these aspects this Tribunal is of the opinion that the Pw.1 suffered 15% disability to the whole body. This shows that the Pw.1 lost future amenities and happiness to certain extent due to disability. Hence he is entitled for Rs.1,00,000/- under this head.
Since Pw.1 had drawn the salary during laid up period and he continued in the service in the same post drawing similar salary as such the question of granting any compensation towards loss of income during laid up period and future income does not arise.
SCCH 17 16 MVC 2369-15 e) Future medical expenses: Pw.3 stated that the
Pw.1 has to under go another operation for removal of implants from left Tibia. This shows that the Pw.1 has to under go another operation for removal of implants and for which he has to incur expenses towards operation and other incidental charges. Hence Rs.50,000/- is awarded under this head.
Thus the petitioner is entitled for compensation under the following heads;
1) Pain and suffering: Rs.1,00,000/-
2) Attendant charges, extra nutritious food & Conveyance charges: Rs.50,000/-
3) Medical expenses: Rs.1,82,436/-
4) Loss of future amenities and happiness due to disability: Rs.1,00,000/-
5) Towards Future medical expenses: Rs. 50,000/-
Total Rs.4,82,436/- SCCH 17 17 MVC 2369-15
The Learned Counsel for petitioner submitted that in a decision reported in 2013 AIR SCW 5375 (Minu Rout & others V/s Pradyomma Mohapatra & Others) the Hon'ble Apex Court awarded interest @ 9% p.a. It is well settled that while awarding interest on the compensation amount, the Tribunal has to take into account the rate of interest of the nationalized bank. In the light of settled principle and the decision relied by the learned Counsel, the Tribunal is of the opinion that the petitioner is entitled for interest at the rate of 9% per annum.
Liability: Indisputably the offending vehicle is not insured with any insurance. Respondent is the owner of it. Hence, he is liable to pay compensation. Accordingly, point-2 is answered partly in the affirmative.
SCCH 17 18 MVC 2369-15
14. Point-3: By virtue of above findings, Tribunal
proceeds to pass the following;
ORDER
Petition is allowed in part.
Petitioner is entitled for compensation of
Rs.4,82,436/- (Rupees Four Eighty Two Thousand Four Hundred Thirty Six Only) with interest at the rate of 9% p.a. (excluding future medical expenses of Rs.50,000/-) from the date of petition till realization.
Respondent is directed to pay compensation amount within two months from the date of this order.
In the event of deposit of amount, 50% shall be invested in any nationalized bank or schedule bank chosen by SCCH 17 19 MVC 2369-15 the petitioner for a period of three years and balance 50% shall be released to the petitioner.
Advocate's fee is fixed at Rs.1,000/-. Draw an award accordingly.
(Dictated to the Stenographer, transcribed by her corrected by me and then pronounced in the Open Court, this the 18th day of July, 2016) (A.SAMIULLA) XIX ADDL.SCJ & MACT:
BANGALORE.
A N N E X U R E LIST OF WITNESSES & DOCUMENTS EXAMINED & MARKED ON BEHALF OF THE PETITIONERS & RESPONDENTS:
FOR PETITIONER:
Pw.1: Mr.S.P.Vara Prasad P.w.2: Girish.T P.w.3: Dr.S.Ramachandra DOCUMENTS:
Ex.P.1 FIR of Rajanukunte PS CrimeNo.43/15.
Ex.P.2 Complaint.
Ex.P.3 Panchanamma.
SCCH 17 20 MVC 2369-15
Ex.P.4 Sketch.
Ex.P.5 motor vehicle accident report.
Ex.P.6 Wound Certificate.
Ex.P.7 Charge sheet.
Ex.P.8 Copy of DL.
Ex.P.9 ID card.
Ex.P.10 Pay slips for the months of Feb-March 2015.
Ex.P.11 Reimbursement of medical expenses.
dt:26.10.2015.
Ex.P.12 Reimbursement of medical expenses
dt:11.08.2015.
Ex.P.13 Lab reports 35 pages.
Ex.P.14 Photo.
Ex.P.14( a) CD
Ex.P.15 2 x-ray films.
Ex.P.16 Power of Attorney.
Ex.P.17 Inpatient record with X-ray films.
Ex.P.18 CT scan films (7).
Ex.P.19 Document of medical leave for 32 days.
Ex.P.20 Document of medical leave for 32 days.
Ex.P.21 Outpatient book.
Ex.P.22 X-ray.
FOR RESPONDENTS:
Nil
DOCUMENTS:
Nil
(A.SAMIULLA)
XIX ADDL.SCJ & MACT:
BANGALORE.