Bangalore District Court
Rudresh B M vs Shobha on 5 May, 2025
KABC020155842024
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, PRINCIPAL MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 5th DAY OF APRIL, 2025
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.2447/2024
PETITIONER: Sri Rudresh B.M.,
Aged about 39 years,
S/o. Sri Manjunatha K.V.,
R/o.No.268, 4th cross,
Kanakapura Main Road,
Pragathipura, Banashankari,
Bengaluru-560 078.
(By Sri. M.Rajanna , Advocate )
-Vs-
RESPONDENTS:1. Smt.Shobha,
W/o. Sri Venkatesh,
R/o.No.365, Chelakere,
Andra Muniyappa Layout,
Kalyan Nagara,
Bengaluru -560 043.
(Owner of Bolero bearing Regn.
No.KA-05-AH-1251)
(Absent)
SCCH-1 2 MVC No.2447/2024
2. The Universal Sompo General Insurance
Co.Ltd.,
No.7, 2nd floor,
Shah complex, 9th Main,
5th Block, Jayanagara,
Bengaluru - 560 041.
By its Manager.
(By Sri Sharanappa Gouda
Malipatil , Advocate)
*******
JUDGMENT
Petitioner asserting to be an injured suffered in a RTA filed petition under Section 166 of M.V.Act claiming compensation worth of Rs.20,00,000/- from the respondents, who are the owner and insurer of Bolero Car bearing No.KA-05-AH-1251 alleging that on 09.03.2024 at 1.30 p.m. when petitioner riding Honda Activa bearing No.KA-51-HA-9982 on Doddaballapura -Yelahanka road, near R.T.Nagar School, Singanayakanahalli, driver of Bolero Car bearing No.KA-05-AH-1251 drove the same negligently, dashed the same to Honda Activa bearing No.KA-51-HA-9982 , thereby caused the accident, caused grievous injuries to the petitioner.
SCCH-1 3 MVC No.2447/2024
2. Petitioner took treatment at Chiguru hospital , Rajanukunte, Bengaluru and Sanjay Gandhi Institute of Trauma and Orthopaedics, Bengaluru .
3. As on the date of accident petitioner being aged 39 years, used to earn Rs.25,000/p.m. by working at Shristi Printers, Bengaluru .
4. Regarding accident Rajanukunte police registered crime No.73/2024 .
5. Inspite of service of notice respondent No.1 owner of Bolero Car bearing No.KA-05-AH-1251 remained absent.
6. In response to the notice, respondent No.2 appeared through his Advocate, filed separate written statement denying the allegation regarding reason, mode of accident, nature and consequence of the injuries suffered by the petitioner .
7. On the basis of the pleadings on 20.02.2025 , this Authority has framed the following issues :
1. Whether the petitioner proves that on 09.03.2024 at about 01.30 p.m. , Doddaballapura- Yelahanka road, near R.T.Nagar School, Singanayakanahalli, SCCH-1 4 MVC No.2447/2024 Yelahanka Taluk, in view of the negligent use of the car bearing Reg. No.KA-05-AH-1251 car dashed to the Honda Activa bearing Reg.
No.KA-51-HA-9982 thereby accident taken place resulting in the injuries to the petitioner rider of the Honda Activa?
2. Whether the petitioner is entitled to compensation ? If so , how much and from whom?
3. What order ?
8. On 23.01.2025, 12.03.2025 petitioner deposed as PW1 and produced 18 documents at Exs.P.1 to P.18. On 25.04.2025 petitioner produced the evidence of Dr.Chidanand K.J.C. as PW2 and produced 4 documents at Ex.P.19 to P.21 and on 25.04.2025 get produced copy of policy at Ex.P.22.
9. I heard the arguments submitted on behalf of both the contesting parties and perused the records.
10. On the basis of material available in the file, my findings on the above issues are as under:
Issue No.1 .... In the affirmative Issue No.2 ... Petitioner is entitle to Rs.3,06,181/-
with current and future interest at 6%p.a. as compensation from the respondents . SCCH-1 5 MVC No.2447/2024 Issue No.4 ... As per final order for the following:-
REASONS
11. Issue No.1 :- In the evidence petitioner/PW1 stated that on 09.03.2024 at 1.30 p.m. when riding Honda Activa bearing No.KA-51-HA-9982 on Doddaballapura -Yelahanka road, near R.T.Nagar School, Singanayakanahalli, driver of Bolero Car bearing No.KA- 05-AH-1251 drove the same negligently, dashed the same to Honda Activa bearing No.KA-51-HA-9982 , thereby caused the accident, caused grievous injuries to the petitioner.
12. In the written statement respondents No.2 insurance company denied the allegation regarding reason , mode of accident.
13. In the cross-examination petitioner stated that when he was riding 3 wheeler from Doddaballapura towards JP Nagar on Doddaballapura road, near Singanayakanahalli accident taken place. PW1 admitted that during accident did not wear helmet. PW1 submitted that till date RTO officer Jayanagara has not issued 3 SCCH-1 6 MVC No.2447/2024 wheeler driving licence to his hands and explained that he has approached brokers/touts who are wandering near RTO office Jayanagar to take driving licence. PW1 stated that in a turning area when riding 3 wheeler Bolero vehicle came from left side and dashed to his 3 wheeler. PW1 denied the suggestion that he rode 3 wheeler without licence negligently thereby met with an accident and there was no negligence on the part of the driver of the bolero vehicle. PW1 stated that since birth he was facing locomotive disability at 75% to left lower limb for which Government issued disability card.
14. In the evidence PW2 Dr.Chidanand KJC stated nothing regarding reason and mode of accident.
15. Ex.P.1 is the copy of FIR pertaining to crime No.73/2024 registered by Rajanukunte police against the driver of Bolero Car bearing No.KA-05-AH-1251 for having committed offence punishable under Section 279, 337 of IPC on the basis of the complaint presented by Manjunath K.C. , S/o. Late Veerabadraiah. Ex.P.2 is the copy of the statement of the petitioner Rudresh B.M. . Ex.P.3 is the copy of spot mahazar . Ex.P.4 is the copy of vehicle seizure SCCH-1 7 MVC No.2447/2024 mahazar. Ex.P.6 is the copy of Accident Inspection Report. Ex.P.7 is the copy of wound certificate in which reason for the injuries are noted as RTA when three wheeler the patient was riding was hit by a 4 wheeler at about 1.00 p.m. on 09.03.2024 in Rajanukunte, Bengaluru .
16. Ex.P.8 is the copy of chargesheet filed by Rajanukunte police in crime No.73/2024 against Venkatesh G., S/o. Govindappa , driver of Bolero Car bearing No.KA-05-AH-1251 for having committed offence punishable under Section 279, 338 of IPC 187 of IMV Act.
17. In this case respondents have not produced any type of evidence to disbelieve or rebut the evidence placed by the petitioner regarding reason and mode of accident. Hence, I have concluded that on 09.03.2024 at 1.30 p.m. when petitioner being a polio affected person riding Honda Activa bearing No.KA-51-HA-9982 (3 wheeler) on Doddaballapura -Yelahanka road, near R.T.Nagar School, Singanayakanahalli, Venkatsh G. , S/o. Govindappa , negligently drove Bolero Car bearing No.KA-05-AH-1251 dashed the same to Honda Activa bearing No.KA-51-HA- 9982 , thereby caused the accident, caused grievous SCCH-1 8 MVC No.2447/2024 injuries to the petitioner. Hence, I answer issue No.1 in the affirmative.
18. Issue No.2: In the evidence petitioner stated that in the accident he has suffered trimalleolar left ankle fracture and other injuries, took first aid at Chiguru Multi- speciality hospital , Yelahanka, Bengaluru , then took treatment at Sanjay Gandhi Institute of Trauma and Orthopaedics, Bengaluru by spending Rs.1,00,000/- as on the date of incident , used to earn Rs.20,000/p.m. by working as Screen Printer and marketing at Shristi Printers, J.P.Nagar, Bengaluru and in view of the injuries suffered in the accident availed leave for a period of 8 months from 10.03.2024 to 01.11.2024.
19. In the written statement respondent No.2 denied the nature and consequence of the injuries suffered by the petitioner.
20. In the cross-examination PW1 submitted that as on the date of cross-examination injuries suffered in the accident are healed and attending the duty of Printer and delivery boy at Shrusti Printers, J.P.Nagar, 2 nd phase. PW1 stated that Shrusti Printers used to pay salary worth of SCCH-1 9 MVC No.2447/2024 Rs.20,000/p.m. by cash and since last 16 years he is working in Shrusti Printers. PW1 stated that during April 2025 his salary will be increased at 10%. PW1 stated that he has paid Rs.30,481/- noted in the medical bills.
21. In the evidence affidavit PW2 Dr.Chidanand K.J.C. stated that on 19.03.2025 when clinically examined the petitioner noticed that petitioner suffered physical disability at 40% to lower limb which is 13.33% to whole body.
22. In the evidence PW2 produced OPD book, case sheet and x-ray at Ex.P.19 to 21.
23. In the cross-examination PW2 stated that he has treated the petitioner and prior to the fracture suffered by the petitioner , petitioner suffered polio to left lower limb. PW2 submitted ignorance about the avocation of the petitioner. PW2 stated that as on 19.03.2025 fracture of left ankle of the petitioner was united and petitioner can perform duties by sitting. PW2 stated that since beginning petitioner suffered shortening of left lower limb. SCCH-1 10 MVC No.2447/2024
24. Wound certificate, discharge summary , OPD cards, x-ray and other medical documents shows that in the accident petitioner suffered trimalleolar left ankle fracture , took treatment at Chigaru Multi-Speciality hospital, Yelahanka, Bengaluru ,then took at Sanjay Gandhi Institute of Trauma and Orthopaedics, Bengaluru as an inpatient from 14.03.2024 to 20.03.2024. In the medical records age of the petitioner is noted as 40 years as on the date of incident. In the copy of aadhar card marked at Ex.P.12 date of birth of the petitioner is noted as 24.04.1984. Medical bills shows that the petitioner spent approximately Rs.34,181/- towards treatment. Under Certificate marked at Ex.P.10 and P.11, Proprietor of Shristi Printers certified that since 2009 petitioner is working in their company for salary of Rs.20,000/p.m. and in view of the injuries suffered in a RTA since 10.03.2024 to 01.11.2024 availed medical leave, thereby lost pay, since 02.11.2024 joined work.
SCCH-1 11 MVC No.2447/2024
25. In this case petitioner has not produced any documentary evidence regarding receipt of salary worth of Rs.20,000p.m. since 2009.
26. As referred above, in the evidence PW1 submitted that as on the date of cross-examination injuries suffered in the accident are healed and attending duty of printing. PW2/Dr.Chidanand stated that the petitioner can perform duties by sitting. Hence, I have inferred that the oral evidence of Dr.Chidanand K.J.C. is insufficient to award compensation under the head of loss of future income ( functional disability).
27. Considering the nature of the injuries suffered by the petitioner, length, place , nature of the treatment taken by the petitioner , occupation of the petitioner, I award Rs.70,000/- towards pain and sufferings, Rs.34,181/- towards treatment charges, Rs.20,000/- towards attendant, conveyance and nourishment charges, Rs.1,32,000/- (Rs.16,500x8) towards loss of income during treatment period, Rs.50,000/- towards loss of amenities and future unhappiness.
SCCH-1 12 MVC No.2447/2024
28. Hence, I came to the conclusion that the petitioner is entitled to receive Rs.3,06,181/- with current and future interest at 6% p.a., towards compensation from the respondents.
Sl. Head of Compensation Amount
No.
1. Pain and Sufferings Rs. 70,000-00
2. Treatment charges Rs. 34,181-00
3. Attendant, conveyance and Rs. 20,000-00
nourishment charges
4. Loss of income during Rs. 1,32,000-00
treatment period
5. Loss of amenities and future Rs. 50,000-00
unhappiness.
TOTAL Rs. 3,06,181-00
29. In the written statement , respondent No.2 insurance company admitted the subsistence of the policy with respect to Bolero Car bearing No.KA-05-AH-1251 as on the date of accident. The copy of policy marked at Ex.P.22 shows that as on the date of incident, Bolero Car bearing No.KA-05-AH-1251 had insurance coverage with respondent No.2 . In the file there are no evidence to show that as on the date of incident , respondent No.1 owner of SCCH-1 13 MVC No.2447/2024 Bolero Car bearing No.KA-05-AH-1251 has violated any terms of the policy. Hence, I came to the conclusion that respondents being the owner and insurer of the Bolero Car bearing No.KA-05-AH-1251 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 accordingly and pass the following :
ORDER The petition filed under Section 166 of IMV Act is hereby partly allowed.
The respondents shall either jointly or severally pay Rs.3,06,181/- (Rupees three lakhs six thousand one hundred and eighty one only) with current and future interest at the rate of 6% p.a., to petitioner towards compensation.
The respondent No.2, being the Insurer of the Bolero Car bearing No.KA-05-AH-1251 shall deposit the compensation amount with interest within 3 months from today.
After deposit of the compensation amount, entire compensation amount and interest may be released to the SCCH-1 14 MVC No.2447/2024 petitioner by crediting the same to his bank account directly.
Advocate's fee is fixed at Rs.1,000/- . Draw an Award accordingly.
(Dictated to the Stenographer, transcribed by her, corrected, signed and then pronounced by me in the Open Court on this the 5th day of April , 2025) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
ANNEXURES Witnesses examined on behalf of the petitioners:
P.W.1 : Rudresh B.M. dt. 23.01.2025, 12.03.2025 P.W.2 : Dr. Chidanand K.J.C. dt. 25.04.2025 Documents marked on behalf of the petitioners:
Ex.P-1 True copy of FIR with complaint Ex.P-2 True copy of statement (PW1) Ex.P.3 True copy of spot mahazar Ex.P.4 True copy of vehicle seizure mahazar Ex.P-5 True copy of Notice issued under
Section 133 of IMV Act along with reply Ex.P-6 True copy of MVA Reports (2) Ex.P-7 True copy of wound certificate Ex.P.8 True copy of chargesheet Ex.P.9 Discharge summary Ex.P.10 Salary Certificate dated 01.12.2024 issued by Shristi Printers, Bengaluru SCCH-1 15 MVC No.2447/2024 Ex.P.11 Leave certificate dated 01.12.2024 issued by Shristi Printers, Bengaluru Ex.P.12 Notarized copy of aadhar card Ex.P.13 Notarized copy of employment identity card Ex.P.14 Notarized copy of disability card dated 11.11.2019 issued by Government of India (75%) Ex.P.15 Outpatient records (9) Ex.P.16 Prescriptions (4) Ex.P.17 Medical bills (21) Ex.P.18 X-rays (4) Ex.P.19 OPD book dated 19.03.2025 Ex.P.20 Case sheet Ex.P.21 X-ray Ex.P.22 Copy of policy pertaining to Bolero Car bearing No.KA-05-AH-1251 Witnesses examined on behalf of the respondents :
- Nil -
Documents marked on behalf of the respondents:
- Nil -
(J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.