Bangalore District Court
In Sri. Lakshmi Kanth. G.R vs In The Managing Director on 11 September, 2015
BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE.
(SCCH-11)
DATED THIS 11TH 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.531/2014 & MVC 695/2014
PETITIONER IN Sri. Lakshmi Kanth. G.R,
MVC 531/2014: S/o. Ramananda Gowda,
Aged about 20 years,
R/at Gundla halli,
Doddaballapura Taluk,
Bangalore Rural District.
PETITIONER IN Master. Bharath. N,
MVC 695/2014: S/o. Narayanappa,
Aged about 15 years.
Since petitioner is minor,
Represented by its Father,
and Natural Guardian.
Sri. Narayanappa,
S/o. Ganganna,
Aged about 45 years,
R/at No.54, Kallu Palya Road,
Near Railway Track,
Jai Maruthi Layout,
Nagasandra, Bangalore North,
Bangalore - 73.
(Sri.Chandrashekar. M-------- Advocate)
SCCH - 11 2 MVC No.531/2014 & 695/2014
- V/S -
RESPONDENT IN The Managing Director,
BOTH THE CASES: KSRTC Bus Depot,
Bangalore Central Office,
K.H.Road, Shanthinagar,
Bangalore - 560 027.
(Sri. Adinarayanappa--------- Advocate)
*****
J U D G M E N T
The petitioners in MVC 531/2014 and MVC 695/2014 have filed these petitions under Section 166 of M.V.Act against the respondent claiming compensation for the injuries sustained in RTA.
2) The brief facts of the case of the petitioners in both cases are as under:
On 12.10.2013 at about 7.15 pm., when the petitioners were traveling in a KSRTC bus bearing Regn.No.KA-41-F-097 from Tumkur towards Doddaballapura on NH-207 driven by its driver in a rash and negligent manner at very high speed, when they reached near Amate Gowda Layout, at that time, the driver of the said bus lost control SCCH - 11 3 MVC No.531/2014 & 695/2014 over the speeding bus and dashed against the road side tree. Due to the sudden impact, petitioners and other passengers of the bus sustained grievous injuries. Immediately after the accident, the petitioner in MVC 531/2014 was taken to NIMHANS hospital wherein he has taken first aid treatment and later on, he was shifted to Columbia Asia Hospital, Yeshwanthapura, Bangalore wherein, petitioner was treated as inpatient. During hospitalization, X-rays were taken which revealed that, he sustained polytrauma & TBI with communited mandible fracture, brainstem contusion on right, bilateral temporal & right parietal contusion with diffuse exonal injury, right temporal bone fracture, SAH in prepontine cisten, right supratentorial SDH, Communited fracture of mandible, undisplaced fracture of clivus and right clavicle fracture and other grievous injuries all over the body. Petitioner was treated on ventilator support and analgesics with strict neuro-monitoring and percutaneous tracheotomy was done on 18.10.2013. Petitioner had undergone surgery with ORIF for mandible fracture. Petitioner's tracheotomy tube was decannulated on 13.11.2013 and he was discharged on 16.11.2013 with an advice of SCCH - 11 4 MVC No.531/2014 & 695/2014 regular follow up treatment and medication. Petitioner has spent more than Rs.10 lakhs towards medicine, conveyance, nourishment and other incidental charges. The injuries sustained to the petitioner in the said accident have not united and petitioner is completely bed ridden and getting head ache and giddiness, he cannot lift or carry weight and undergoing deep mental shock, pain and sufferings and injuries have caused permanent disability in nature. Prior to the accident, petitioner was hale and healthy and was aged about 20 years and was a student and was taking tuition classes for children and getting Rs.8,000/- per month. Due to the accidental injuries, petitioner is unable to do any work and lost the future earning and he is unable to concentrate on his studies and work.
3) Immediately after the accident, petitioner in MVC 695//2014 was taken to Baptist Hospital for first aid treatment and then, he was shifted to Columbia Asia Hospital, Kirloskar Business Park, Bellary Road, Bangalore wherein petitioner was treated as inpatient. During hospitalization, X-rays were taken which revealed SCCH - 11 5 MVC No.531/2014 & 695/2014 that; petitioner had sustained diffuse traumatic brain injury and other grievous injuries all over the body. Petitioner was treated on ventilator support and undergone surgery for ENT tracheotomy and discharged on 28.10.2013 with an advice for regular follow up treatment and medication. The petitioner has spent Rs.5 lakhs towards medical, conveyance, nourishment and other incidental charges. The injuries sustained in the said accident are not united and he is getting unbearable pain often and completely bed ridden. Petitioner is getting head ache and giddiness and he cannot lift or carry weight and he is undergoing deep mental shock, pain and sufferings. Prior to the date of accident, the petitioner was hale and healthy and was aged about 15 years and was a student in St.Antony's School, Hesaraghatta Road, Bangalore. Due to accidental injury, petitioner was unable to attend his class and cannot concentrate on his studies as prior to the accident.
4) The accident has taken place due to rash and negligent driving by the driver of KSRTC bus bearing Regn.No.KA-41-F-097. The SCCH - 11 6 MVC No.531/2014 & 695/2014 Doddabelavangala Traffic Police have registered a case in crime No.187/2013 for the offences punishable under Section 279, 337, 304(A) of IPC. The respondent being the RC owner is liable to pay the compensation to the petitioners. Hence, the petitioner in MVC No.531/2014 has claimed compensation of Rs.25,00,000/- and petitioner in MVC No.695/2014 has claimed compensation of Rs.15,00,000/- along with interest and costs.
5) The respondent has filed his written statement and denied the contents of the petition. It is contended that, the claim petitions are maintainable either in law or on facts and liable to be dismissed. It is contended that, compensation claimed by the petitioners is highly excessive and exorbitant and made without basis whatsoever and has no nexus. On the date of the accident, the driver of KSRTC Bus was driving the bus slowly and cautiously by observing all traffic rules and regulations. When the said bus was proceeding on Doddaballapura- Dabaspet NH-207 Road, from Doddabelavangala towards Bangalore near Amate Gowda Layout infront of Nisarga Dhaba, branch of tree SCCH - 11 7 MVC No.531/2014 & 695/2014 was fallen on the bus and driver of bus is noway responsible for the accident. The respondent reserves its right to file the additional counter in the event of changed circumstances and facts of the case. Therefore, it is prayed for dismissal of the claim petition.
6) Both petitions are clubbed together for common trial and disposal. The petitioner in MVC No.531/2014 is examined as PW.1 and in MVC No.695/2014 natural guardian of petitioner is examined as PW.2 and also examined Subramanya.T.K and Yadunandana as PW.3 and PW.4 and got marked Ex.P.1 to 34 and closed evidence. On behalf of respondent, Smt.H.G.Shaila examined as RW.1 and closed the evidence.
7) Heard the arguments of learned counsel for petitioners and learned counsel for respondent and perused the evidence on record.
8) From the pleadings, the following issues are framed in MVC 531/2014:
SCCH - 11 8 MVC No.531/2014 & 695/2014
1. Whether the petitioner proves that on 12.10.2013 at about 7.15 PM, when he was traveling in KSRTC bus No.KA-41-F-097 from Tumkur to Doddaballapur on NH-207 and when vehicle reached near Amate Gowda Layout, the driver of the said bus lost control over the bus and dashed to the tree by which petitioner sustained grievous injuries ?
2. Whether petitioner is entitled for the relief of compensation as prayed in the petition? If so, what is the quantum of compensation and from whom?
3. What order or award ?
9) From the pleadings, the following issues are framed in MVC 695/2014:
1. Whether the petitioner proves that on 12.10.2013 at about 7.15 PM, when the petitioner was traveling in KSRTC bus bearing No.KA-41-F- 097 from Tumkur towards Doddaballapur on NH-
207, the driver of the bus driven in a rash and negligent manner at a very high speed, when reached near Amate Gowda Layout and dashed against the road side tree by which petitioner who fallen down and sustained grievous injuries?
SCCH - 11 9 MVC No.531/2014 & 695/2014
2. Whether petitioner is entitled to the compensation as prayed in the petition? If so, what is the quantum of compensation ?
3. What order or award?
10) My findings on the above issues in MVC 531/2014 and MVC 695/2014 are as under:
Issue No.1 : Affirmative;
Issue No.2 : Partly Affirmative; The petitioner in MVC
531/2014 is entitled for compensation of
Rs.9,03,131/- with interest @ 6% p.a. from the date of petition till complete realisation, from respondent and the petitioner in MVC 695/2014 is entitled for compensation of Rs.4,50,000/- with interest @ 6% p.a. from the date of petition till complete realisation, from respondent.
Issue No.3 : As per final order, for the following:
R E A S O N S
11) ISSUE NO.1 IN MVC 531/2014 & MVC 695/2014: PW.1 has stated in his evidence that, on 12.10.2013 at about 7.15 pm., he was traveling as a passenger in a KSRTC bus bearing Regn.No.KA-41-E-
097 on NH 207 from Tumkur towards Doddaballapura. He has stated SCCH - 11 10 MVC No.531/2014 & 695/2014 that, the driver of the said bus driven the said bus in rash and negligent manner, endangering to human life and when the said bus reached near Amate Gowda Layout, at that time, one branch of the tree fell on the top of the bus and driver of the bus lost control over the speeding bus and dashed to the road side tree. He has stated that, due to said impact, he and other passengers sustained grievous injuries. PW.2 has also repeated the same words of the PW.1 in his evidence. In the cross-examination of PW.1, he has stated that, on 12.10.2013 at about 7.15 pm., he was proceeding in KSRTC bus from Dabaspet to Doddaballapura. He has admitted that, he has not produced bus ticket purchased by him to Doddaballapura. He has admitted that, Dabaspet to Doddabelavangale road is having sufficient width and number of vehicles will move on the said road. He has stated that, there were about 40 - 50 passengers in KSRTC and other passengers have also sustained injuries in the accident. He has denied suggestions of the learned counsel for respondent that, right side branch of the tree fallen on the front portion of the bus and due to said reasons, the driver of the bus died on the spot and accident has SCCH - 11 11 MVC No.531/2014 & 695/2014 not taken place due to the negligence of bus driver and it is an event of natural calamity. He has also denied that, in the F.I.R, it is mentioned that, accident has taken place due to falling of tree on the bus.
12) The learned counsel for respondent submitted that, as on the date of accident, the bus was proceeding from Tumkur towards Doddaballapur and branch of the road side tree fallen on the moving bus and due to the said impact, the driver of the bus had lost control and he died on the spot. He has submitted that, there is no negligence on the part of the driver of the KSRTC bus and incident is due to natural calamity for which no compensation can be claimed. Therefore, he prayed for dismissal of the claim petition.
13) PW.2 has also denied the suggestion that, road side tree fallen on the front portion of the bus and due to the said reasons, the driver of the bus died on the spot and accident has not taken place due to the negligence of bus driver and it is an event of natural SCCH - 11 12 MVC No.531/2014 & 695/2014 calamity. The respondent has examined RW.1, who hass stated that, on 12.10.2013 at about 7.15 pm., the passengers in KSRTC bus bearing Regn.No.KA-41-F-097 were traveling in the bus and bus was being driven by name K.C.Anand on Doddaballapur-Dabaspet NH-207 road. She has stated that, when the bus reached near Amate Gowda Layout in front of the Nisarga Dhaba, at that time, branch of tree suddenly fallen on the front portion of the bus by which, front portion of the bus crushed and driver by name K.C.Anand died on the spot and said bus hit to the another road side tree which resulted in the death of the passenger by name Basavaraju and some passengers were injured. In the cross-examination of RW.1, she has admitted that, on 12.10.2013, log sheet was given to her and she has not produced the same before this court and she has no impediment to produce the same before this court. She has admitted that, she was doing her duty in express bus. She has denied the suggestions of learned counsel for petitioner that, as per the hand sketch map, bus was proceeding from Dabaspet to Doddaballapura on the left side of the road and due to fall of the tree, the driver of the bus driven the bus SCCH - 11 13 MVC No.531/2014 & 695/2014 towards right side and dashed to a tree. She has also denied the suggestion that, driver of bus suddenly taken the bus towards right side and bus dashed to the tree by which the accident taken place. She has denied that, police have filed charge sheet against the driver of the bus for rash and negligent driving.
14) Petitioners have produced certified copy of F.I.R and complaint which are marked at Ex.P.1 and 2 and as per the said documents, on 12.10.2013 at about 7.15 pm., the KSRTC bus bearing Regn.No.KA-41-F-097 was proceeding from Tumkur to Doddaballapur, at that time, one branch of a tree in the Southern side suddenly fall on the front side of the bus and driver could not control the bus and it moved about 120 feet and dashed to another tree on the southern side. As a result of the said accident, the driver of the bus died on the spot and the passenger who was sitting besides the driver seat also died on the spot. On the basis of the complaint filed by one Ramakrishnaiah, police have registered F.I.R in crime No. 187/2013 for the offences punishable under section 279, 337 and 304(A) of SCCH - 11 14 MVC No.531/2014 & 695/2014 I.P.C against the driver of the KSRTC bus. The petitioners have also produced spot panchanama, hand sketch map which are marked as Ex.P.3 and 5 and as per said hand sketch map, the bus was proceeding on Dabaspet to Doddaballapur NH-207 road and a branch of big tree at the distance of 20 feet fallen on the bus and from there, bus moved towards right side for about 120 feet and dashed to a tree and due to said impact, the driver of the bus and one Basavaraju died on the spot. The petitioners have also produced IMV report which is marked as Ex.P.4 and as per the said document, front wind screen glass, cooling system, front shape, front bumper, steering system, roof, front left side body, front right side body, left side window glass damaged, middle portion rear window glass damaged at right side portion of KSRTC bus was damaged and brake system of the said bud was in order. The petitioners have produced the statement of witness by name Lakshmikanth who has stated that, the driver of the bus driven the bus with high speed and he could not control the bus after falling of branch of a tree and dashed to another tree. The petitioners have produced true copy of charge sheet which is marked SCCH - 11 15 MVC No.531/2014 & 695/2014 as Ex.P.8 and as per the said document, police have filed chargesheet against the driver of bus for rash and negligent driving for the offences punishable under section 279, 337 and 304(A) of I.P.C. On perusal of the police documents and oral evidence of PW.1 and 2, one branch of a tree fallen on the roof of the front side of the bus. No doubt, due to falling of branch of a tree on the left side of bus, the driver of the bus would have frightened and lost control over the vehicle and dashed to another tree. But he had driven the bus with high speed and after falling of branch of a tree on the top of the bus, he would had immediately applied the brake of the bus and would had avoided the bus. But the bus moved to the distance of 120 feet and dashed to a tree, due to the said impact, the driver and another passenger by name Basavaju died on the spot. The driver of KSRTC bus could had stopped the bus immediately by applying brake after falling of branch of a tree on the top of the bus and he could had avoided the accident if he had taken immediate precaution to stop the bus on the spot. But he tried to move the bus towards right side of the road due to which, he lost control over the bus and he dashed to SCCH - 11 16 MVC No.531/2014 & 695/2014 another tree by which driver and another passenger by name Basavaraju died on the spot and other passengers sustained injuries. Even though the driver had driven the bus towards right side to avoid the accident, in case, he had stopped the bus on the spot, he would had not only avoided the accident, but would had saved his life and life of one more passenger. Though falling of branch of tree on the bus is unnatural and unexpected, the driver could have avoided the said accident, if he had applied the brake immediately on the spot. This goes to show that, there is rash and negligent act on the part of the driver of the said bus who failed to apply the brake of the bus on the spot and he had not taken preventive measures to avoid the accident. So I hold that, the accident taken place due to rash and negligent act on the part of the driver of KSRTC bus and to that effect, the police documents also corroborate the evidence of PW.1 and 2. So, I answer issue No.1 in affirmative in both cases.
15) ISSUE No.2 IN MVC 531/2014: PW.1 has stated in his evidence that, immediately after the accident, he was taken to SCCH - 11 17 MVC No.531/2014 & 695/2014 NIMHANS Hospital wherein first aid treatment was given and later on, he was shifted to Columbia Asia Hospital, Yeshwanthapura on 13.10.2013 wherein he was treated as an inpatient. During the period of hospitalization, X-rays were taken which disclosed that, he had sustained polytrauma and TBI with communited mandible fracture, Brainstem contusion on right, bilateral temporal and right parietal contusion with diffuse axonal injury, right temporal bone fracture, SAH in prepontine cistern, right supratentorial SDH, Communited fracture of mandible, undisplaced fracture of clivus and other injuries. He has stated that, on 18.10.2013 he had undergone percutaneous tracheotomy for airway protection and tracheal toilet and he undergone surgery with ORIF for mandible fracture and he was discharged on 16.11.2013 with an advice of regular follow up treatment and medications. He has stated that, he is still continuing follow up treatment and he has spent more than 10,00,000/- towards medical, conveyance, nourishment and other incidental charges etc., The petitioner has produced medical bills of Columbia Asia Hospital and as per said document, PW.1 was admitted in the Columbia Asia SCCH - 11 18 MVC No.531/2014 & 695/2014 Hospital on 13.10.2013 and discharged on 16.11.2013 and he has spent Rs.8,08,131/-. So, I hold that, petitioner is entitled for compensation of Rs.8,08,131/- under the head of medical expenses. Hence, the petitioner is awarded compensation of Rs.8,08,131/- under the head of Medical expenses.
16) The petitioner has produced discharge summary issued by Columbia Asia Hospital and as per said document, he was admitted in the said hospital on 13.10.2013 and discharged on 16.11.2013. During the period of hospitalization, he would have spent some amount towards food, nourishment, attendant charges and other incidental charges and his family members would have also spent some amount towards food and other incidental charges. Considering the period of hospitalization and cost of living, I hold that, petitioner is entitled for Rs.35,000/- under the head of food, medicine, conveyance and attendant charges. Hence, the petitioner is awarded compensation of Rs.35,000/- under the head of Food, medicine, conveyance and attendant charges.
SCCH - 11 19 MVC No.531/2014 & 695/2014
17) The petitioner was admitted in the Columbia Asia
Hospital for the period of 34 days and since petitioner was studying in 2nd year B.Tech in Food Science Technology at Agriculture College, Hassan and he has no income, question of awarding the compensation under the head of loss of income during the period of hospitalization does not arise at all. Hence, petitioner is not entitled for any compensation under the head of loss of income during laid up period.
18) The petitioner has sustained grievous polytrauma and TBI with communited mandible fracture, Brainstem contusion on right, bilateral temporal and right parietal contusion with diffuse axonal injury, right temporal bone fracture, SAH in prepontine cistern, right supratentorial SDH, Communited fracture of mandible, undisplaced fracture of clivus and other injuries and on 18.10.2013, he had undergone Percutaneous tracheotomy for airway protection and tracheal toilet and he undergone surgery with ORIF for mandible fracture and he undergone surgery with ORIF for mandible fracture and he was discharged on 16.11.2013 with an advice for regular follow SCCH - 11 20 MVC No.531/2014 & 695/2014 up treatment and medications. He has stated that, he is still in regular follow-up treatment and accidental injuries are not healed and he is suffering from unbearable pain. Due to the accidental injuries, the petitioner has to undergo deep pain and agony and he has to suffer physically and mentally and he is unable to enjoy the amenities in life. Considering the nature of injuries and treatment taken by the petitioner, I hold that, petitioner is entitled for compensation of Rs.30,000/- under the head of Pain and sufferings. Hence, the petitioner is awarded the compensation of Rs.30,000/- under the head of Pain and sufferings.
19) Due to the accidental injuries, petitioner is unable to enjoy the amenities in life and he has to suffer physically and mentally throughout his life and the petitioner being student was having bright future and due to the accidental injuries, he has to suffer through out his life and he has lost some amenities in the life. Considering this fact, I hold that, petitioner is entitled for compensation of Rs.30,000/- under the head of loss of amenities in life. Hence, the SCCH - 11 21 MVC No.531/2014 & 695/2014 petitioner is awarded the compensation of Rs.30,000/- under the head of loss of amenities in life.
20) The petitioner has stated in his evidence that, he was taking tuition to the children and earning Rs.8,000/- per month and he is studying in II year B.Tech in food Science Technology at Agriculture College, Hassan and due to the accident, he is unable to attend the college and examination of 3rd and 4th semester and he lost one year academic carrier. He has stated that, he is not able to lead his normal life as earlier and unable to concentrate on his studies and he cannot attend classes regularly. Petitioner has examined Sri.Subramanya.T.K, S/o. Late B.T.Krishnamurthy as PW.3 who has produced case sheet, X-rays and C.T. film. But petitioner has not produced disability certificate and he has not adduced the evidence of treated doctor in support of his evidence about disability and fracture. The petitioner is also a student and he has no source of income. There are no documents to show that, petitioner was taking tuition classes and earning Rs.8,000/- per month. In the absence of SCCH - 11 22 MVC No.531/2014 & 695/2014 documents about income and evidence of treated doctor and disability certificate, I hold that, petitioner is not entitled for any compensation under head of loss of income. Since petitioner has not produced estimation or evidence of treated doctor to show that, he needs further surgery, I hold that, petitioner is not entitled for any compensation under the head of future medical expenses.
21) The Calculation table stands as follows:
1) Medical expenses Rs. 8,08,131/-
2) Food, nourishment & conveyance Rs. 35,000/-
3) Loss of amenities in life Rs. 30,000/-
4) Pain and agony Rs. 30,000/-
Total Rs. Rs. 9,03,131/-
22) ISSUE No.2 IN MVC 695/2014: PW.2 has stated in
his evidence that, his son was immediately taken to the Baptist Hospital, wherein first aid treatment was given and he was shifted to Columbia Asia Hospital, Bangalore on 13.10.2013 wherein he was SCCH - 11 23 MVC No.531/2014 & 695/2014 admitted as inpatient. He has stated that, during the period of hospitalization, X-rays were taken which reveal that, his son sustained diffuse traumatic brain injury, contusion present over the chest eternum measuring 3 X 2 cms, multiple abrasions present over left arm, left knee, head injury, multiple small petenial hemorrhage on both hemisphere in sub-corative area with small hemorrhage in the right MCP, limbs spontaneously and opens eyes to deep paid and other injuries. He stated that, his son underwent ENT tracheotomy was discharged on 28.10.2013 with an advice of regular follow up treatment and medications. He has stated that, he has spent Rs.5,00,000/- towards medical, conveyance, nourishment and other incidental charges. The petitioner has produced wound certificate which is marked at Ex.P.15 and as per the said document, injury No 1 and 2 are simple in nature and injury No 3(a) (b) are grievous in nature. The petitioner has produced discharge summary issued by Columbia Asia Hospital and as per said document, he has taken conservatively with antiepileptic and antioedema measures. He was tracheostomised in view of delayed recovery and slowly, he started SCCH - 11 24 MVC No.531/2014 & 695/2014 showing improvements and at the time of discharge, he was conscious, alert, obeying commands, ambulating, accepting feeds orally. He has produced study certificate, which is marked at Ex.P.19 and as per said document, he was studying in the 10th class. The petitioner has also produced medical bills which is marked at Ex.P.20 and as per the said document, petitioner has spent Rs.3,33,350/-. Even on perusal of the medical bills, the petitioner was admitted in the Columbia Asia Hospital on 13.10.2013 and discharged on 28.10.2013 and as per discharge summary, he sustained tracheostomised in view of delayed recovery and at the time of discharge, he was conscious, alert, obeying commands, ambulating, accepting feeds orally. The petitioner has not adduced the evidence of treated doctor and he has not produced disability certificate. In the cross-examination of PW.2, he has stated that, his son is presently going to college and studying in PUC 1st year. This goes to show that, petitioner has recovered from the injuries and he is quite natural as earlier. However, considering the medical bills of Rs.3,33,350/-, period of hospitalization and other miscellaneous expenses like food, nourishment and conveyance, I feel SCCH - 11 25 MVC No.531/2014 & 695/2014 it just and proper to award global compensation of Rs.4,50,000/- including medical bills of Rs.3,33,350/-.
23) The respondent is the owner of the offending vehicle. Hence, the respondent is liable to pay compensation to the petitioners in both cases. So I hold that, in MVC No.531/2014, petitioner is entitled for compensation of Rs.9,03,131/- along with interest @ 6% p.a. from the date of petition till complete realisation from respondent. In MVC No.695/2014, petitioner is entitled for global compensation of Rs.4,50,000/- along with interest @ 6% p.a. from the date of petition till complete realisation from respondent. Accordingly, I answer issue No.2 in partly affirmative in both cases.
24) ISSUE No.3: In view of answers to issues No.1 and 2 in both cases, I proceed to pass the following:
O R D E R The petitions filed in MVC No.531/2014 and in MVC No.695/2014 under Section 166 of M.V. Act are partly allowed with costs.
SCCH - 11 26 MVC No.531/2014 & 695/2014 The petitioner in MVC 531/2014 is entitled to compensation of Rs.9,03,131/- along with interest at the rate of 6% p.a. from the date of petition till complete realisation from respondent.
The respondent is hereby directed to deposit the entire amount with accrued interest, within one month, from the date of this award.
In case of deposit of the awarded compensation by the respondent, the amount of Rs.1,00,000/- shall be deposited in F.D in the name of petitioner in any nationalized or scheduled bank for the period of 5 years and on failing to furnish the particulars, the same shall be deposited in Karnataka Bank, City Civil Court Branch, Bangalore Remaining amount of Rs.8,03,131/- along with accrued interest on the awarded amount shall be released to the petitioner through account payee crossed cheque, on proper identification and verification.
The petitioner in MVC No.695/2014 is entitled to global compensation of Rs.4,50,000/- along with interest at the rate of 6% p.a. from the date of petition till complete realisation from respondent.
SCCH - 11 27 MVC No.531/2014 & 695/2014 The respondent is hereby directed to deposit the entire amount with accrued interest, within one month, from the date of this award.
In case of deposit of the awarded compensation by the respondent, the amount of Rs.4,50,000/- shall be deposited in F.D in the name of petitioner in any nationalized or scheduled bank for the period of 5 years or till minor petitioner attains age of majority which ever is earlier, failing to furnish the particulars, the same shall be deposited in Karnataka Bank, City Civil Court Branch, Bangalore.
The minor guardian is entitled to receive accrued interest on the deposited amount periodically.
Advocate fee is fixed at Rs.1,000/- in each case. Draw award accordingly.
(Original copy of Judgment shall be kept in MVC 531/2014 and copy of the same shall be kept in MVC 695/2014) (Dictated to the Stenographer, transcribed by her, corrected and pronounced by me in open court on this 11th day of September, 2015.) (GANAPATHI GURUSIDDA BADAMI) I ADDL.SMALL CAUSES JUDGE & XXVII ACMM SCCH - 11 28 MVC No.531/2014 & 695/2014 ANNEXURE WITNESSES EXAMINED FOR PETITIONERS:
PW.1 - Lakshmikanth.G.R
PW.2 - Narayanappa
PW.3 - Subramanya.T.K.
PW.4 - Yadunandana.H.L.
DOCUMENTS MARKED FOR PETITIONERS:
Ex.P.1 - CC of FIR
Ex.P.2 - CC of complaint
Ex.P.3 - CC of panchanama
Ex.P.4 - CC of IMV report
Ex.P.5 - CC of Hand sketch map
Ex.P.6 - CC of wound certificate
Ex.P.7 - My statement
Ex.P.8 - Charge sheet
Ex.P.9 - Discharge summary
Ex.P.10 - Notarised copy of College identity card
Ex.P.11&12 - Two duplicate bills
Ex.P.13 - Certificate issued by Dean of Agricultural
University, Bengaluru
Ex.P.14 - 14 medical bills
Ex.P.15&16 - Wound certificate & statement of petitioner
Ex.P.17 - Discharge summary
Ex.P.18 - Notarised copy of college identity card
Ex.P.19 - Study certificate
SCCH - 11 29 MVC No.531/2014 & 695/2014
Ex.P.20 - 3 medical bills
Ex.P.21 - Authorisation letter
Ex.P.22 - True copy of MLC register
Ex.P.23 - Case sheet of petitioner
Ex.P.24-27 - 4 X-rays
Ex.P.28-32 - 5 C T films
Ex.P.33 - Authorization letter
Ex.P.34 - Case sheet of petitioner
WITNESSES EXAMINED FOR RESPONDENTS:
RW.1 - Smt.H.G.Shaila
DOCUMENTS MARKED FOR RESPONDENTS:
- NIL _
I ADDL.SCJ. & MACT.