Bangalore District Court
Lakshmamma vs M.A. Farooq on 5 September, 2024
KABC020333072022
BEFORE THE CHIEF JUDGE, COURT OF SMALL CAUSES,
MEMBER PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL AT
BENGALURU (SCCH-1)
DATED THIS THE 05TH DAY OF SEPTEMBER, 2024
PRESENT: SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.6192/2022
PETITIONER: Smt. Lakshmamma
W/o. Late Chikkarajappa
Aged about 65 years
R/at: Anaghattahalli Village
Gowribidanuru Taluk
Chikkaballapura District
(By Sri C.N. Sonnappa, Advocate)
-Vs-
RESPONDENTS:1. Sri. M.A. Farooq,
S/o. Abdulla, Major,
R/at: No.32/8, 3rd Cross,
12th Main Road, Vijayanagar
Bengaluru 560040.
(By Sri. Santosh.B, Advocate)
2. The Royal Sundaram Gen. Ins. Co. Ltd
Branch Office, Raghavendra Plaza
1st Floor, 1st Cross, Hosur Main Road
Wilson Garden, Bengaluru - 560027.
(By Sri. B.N. Sreekanta Swamy,
Advocate)
SCCH-1 2 MVC No.6192/2022
3. Smt. Sumitra,
W/o. Late Narayanaswamy
Aged 32 years,
4. Kumari Manushya.N,
D/o. Late Narayanaswamy,
Aged 15 years
5. Kumar Manasa,
D/o. Late Narayanaswamy,
Aged 12 years
Respondents No.4 & 5 are minors
Rept. by their mother the Res. No.3/
Next friend.
All are r/at: Sonnapura Village,
Ajjavara, Nandi Hobli,
Chikkaballapur Taluk & District.
(By Sri. Suresh Kumar.N, Advocate)
*******
JUDGMENT
Petitioner being mother of Narayanaswamy S/o Chikkarajappa by impleading wife and children of Narayanaswamy S/o Chikkarajappa as Respondent No.3 to 5 filed petition under Section 166 of IMV Act claiming compensation worth of Rs.50,00,000/- from the respondents No.1 and 2 who are the owner and insurer of Canter No.KA-14-9208, asserting that on 18.10.2022 at about 2.00 PM when Narayanaswamy riding the motorcycle No.KA-17-X-3426 by keeping a friend as pillion on SCCH-1 3 MVC No.6192/2022 Doddaballpura - Gowribidanuru road near Bachahalli gate, Tubgere hobli, driver of the Canter No. KA-14-9208 drove the same negligently from opposite direction, dashed the same to motorcycle thereby caused accident, caused injuries to Narayanaswamy S/o Chikkarajappa, immediately after the accident Narayanaswamy has been admitted to Government Hospital, Doddaballapura wherein on 20.10.2022 succumbed to the injuries. As on the date of the accident Narayanaswamy being aged about 42 years use to earn Rs.25,000/- per month by working as Mason and used to contribute the entire income to the family. Regarding the accident Doddaballapura Rural Police registered a case in Crime No.262/2022 against driver of Canter lorry for the offence punishable under Sec.279, 337, 304(A) IPC.
2. In response to the notice, the respondent No.1 and 2 owner and insurer of the lorry appeared through their respective Advocates and filed separate written statement denying the allegations regarding the reason, mode and consequence of the accident, age, occupation and income of the deceased Narayanaswamy.
SCCH-1 4 MVC No.6192/2022
3. In response to the notice respondents No.3 to 5 wife and children of Nararayanaswamy appeared through their advocate filed written statement admitting allegation made in the petition.
4. On the basis of the pleadings on 20.05.2023, this Authority has framed the following issues:
1. Whether the petitioner prove that, on 18.10.2022 at about 02.00 p.m., near Bachahalli Gate, Doddaballapura Gowribidanur Road, Tubgere Hobli, Doddaballapura Taluk, Bengaluru, the death caused to one Narayanaswamy was due to actionable negligence act on the part of the driver of the Canter Lorry bearing Reg.No.KA-14-9208 as alleged?
2. Whether the petitioner is entitled to compensation? If so, how much and from whom?
3. What order?
5. On 31.7.2023, 14.9.2023 petitioner deposed as PW1, produced 11 documents at Exhibits P.1 to P.11. On 10.10.2023, 04.01.2024 petitioner produced evidence of Krishnamurthy as PW.2. On 19.3.2024 respondent No.3 Sumitra deposed as RW1 and produced four documents at Ex.R.1 to R.4.
SCCH-1 5 MVC No.6192/2022
6. I heard the arguments submitted on behalf of both the parties and perused the records.
7. On the basis of the materials placed on record, my findings on the above issues are as under:
Issue No.1 ... In the Affirmative, Issue No.2... Petitioner, respondent No.3 to 5 are entitle to receive Rs.27,47,984/- with current and future interest @ 6% p.a. as compensation from respondent No.1 and 2, Issue No.3 ... As per final order for the following:-
REASONS
8. Issue No.1 :- In the evidence affidavit petitioner/ PW1 Lakshmamma and RW.1 Sumitra stated that on 18.10.2022 at about 2.00 PM when Narayanaswamy riding the motorcycle No.KA-17-X-3426 on Doddaballapura - Gowribidanur road near Bachahalli gate, Tubgere hobli driver of Canter No. KA-14-9208 drove the same negligently dashed the same to the motorcycle thereby caused the accident, caused grievous injuries to Narayanaswamy, immediately after the accident injured Narayanaswamy has been admitted to Government Hospital, Doddaballapura wherein on 20.10.2022 succumbed to the injuries. SCCH-1 6 MVC No.6192/2022
9. In the written statement respondent No.1 and 2 owner and insurer of the lorry denied the allegation regarding the reason and mode of the accident.
10. In the cross-examination, PW1 Lakshmamma and RW.1 Sumitra submitted that they have not witnessed the accident.
11. In the evidence affidavit PW.2 Krishnamurthy S/o Venkatesh stated that on 18.10.2022 at 2 PM when he was riding a motorcycle from Gowribidanur towards Doddaballapura by keeping Manjunath on the pillion motorcycle No.KA-17-X-3426 was running in front of his motorcycle at Bachahalli gate, Doddaballapura- Gowribidanur road, Tubgere Hobli, Canter lorry No. KA-14- 9208 came from opposite direction i.e., Gowribidanur side at high speed in rash and negligent manner dashed to the motorcycle resulting in the injuries to the occupants of the motorcycle became unconscious, immediately himself and others shifted both injured (riders of the motorcycle No. KA-17-X-3426) to Government Hospital, Doddaballapura in an Ambulance. In the cross-examination PW.2 stated that he gave statement before police and made signature on the SCCH-1 7 MVC No.6192/2022 spot mahazar. PW.2 submitted ignorance regarding the police records his status as rider of the motorcycle No. KA- 40-X-4033 is not marked. PW.2 submitted that deceased Narayanaswamy suffered head injury the deceased was riding the motorcycle No. KA-17-X-3426 and in the alleged accident front part of the motorcycle KA-17-X-3426 was damaged. PW.2 denied the suggestion that as motorcycle dashed to the lorry front part of the motorcycle was damaged. PW.2 admitted that in the place of the accident, the width of the road was 24 feet.
12. Ex.P.1 is the copy of FIR and complaint pertaining to crime No.262/2022 registered by Doddaballapura Rural Police on 20.10.2022 against the driver of Canter No.KA-14-9208 for having committed the offences punishable under Section 279, 337 and 304(A) of IPC., regarding the accident taken place between motorcycle No. KA-17-X-3426 and Canter No.KA-14-9208 resulting in the death of Narayanaswamy rider of the motorcycle and injury to another on the basis of the complaint presented by Narayanaswamy S/o Ajjappa father of RW.1. Ex.P.2 is the copy of the spot mahazar SCCH-1 8 MVC No.6192/2022 recorded on 21.10.2022. Ex.P3 copy of the vehicle seizure nagazar dated 26.10.2022. In Ex.P4 copy of the sketch it is noted that on the western part of the North-South road collision taken place between motorcycle and the canter. Ex.P.5 is the copy of the motor vehicle accident report dated 02.12.2022 pertaining to motorcycle No. KA-17-X- 3426 and dated 05.11.2022 pertaining to Canter No. KA- 14-9208. Ex.P6 is the copy of Inquest Mahazar. Ex.P7 is the copy of the PM Report. Ex.P8 is the copy of the chargesheet filed by Doddaballapura Rural Police in Crime No.262/2022 against Ansar Khan S/o Ibrahim Khan driver of Canter No.KA-14-9208 for having committed the offences punishable under Section 279, 337 and 304(A) of IPC. In the charge sheet name of Narayanaswamy S/o Chikkarajappa is mentioned as victim of the accident.
13. In the file there are no reasons to disbelieve the evidence placed by the petitioner and respondent Nos.3 to 5 regarding the reason and mode of the accident. Hence, I have concluded that on 18.10.2022 at 2.00 PM, when Narayanaswamy S/o Chikkarajappa riding the motorcycle No.KA-17-X-3426 on Doddaballapura - Gowribidanur road SCCH-1 9 MVC No.6192/2022 near Bachahalli gate, Tubgere hobli, Ansar Khan S/o Ibrahim Khan negligently drove the Canter No. KA-14-9208 dashed the same to motorcycle thereby caused accident, caused grievous injuries to Narayanaswamy S/o Chikkarajappa who succumbed to those injuries on 20.10.2022. Hence, I answer Issue No.1 in the affirmative.
14. Issue No.2: In the evidence PW.1 Lakshmamma and RW.1 Sumitra stated that as on the date of the accident, Narayanaswamy being aged about 42 years use to earn Rs.25,000/- per month by working as Mason and used to contribute entire income to the family. In the written statement, respondent No.1 and 2 denied the allegation regarding the age, income and occupation of the deceased. In the police record, name of petitioner, RW.3 to 5 are noted as mother, wife and children of Narayanaswamy. In the copy of the Driving License marked at Ex.P9 date of birth of Narayanaswamy S/o Chikkarajappa is noted as 20.07.1979. Adhaar cards shows that petitioner, RW.3 to 5 are the mother, wife and children of Narayanaswamy.
SCCH-1 10 MVC No.6192/2022
15. In the file there are no documents regarding the income of the deceased. Hence, I have concluded that loss of dependency in the following terms:
a) Age of the deceased as on the date of the accident 42 years.
b) Notional income of the deceased as on the date of accident Rs.15,500/- p.m. 30% addition towards future prospects i.e., Rs.4,650/- = Rs.20,150/- 1/4th deduction towards personal expenses Rs.5,037/-.
Balance Rs.15,113/- x 12 x 14 = Rs.25,38,984/-. Hence, Rs.25,38,984/- is awarded towards loss of dependency.
c) Rs.16,500/- is awarded towards loss of estate.
d) Rs.16,500/- is awarded towards funeral and obsequious expenses.
e) Rs.1,76,000/- (Rs.44,000 x 4) is awarded to towards loss of consortium (mother, wife and children). Hence, Rs.27,47,984/- with current and future interest @ 6% p.a., is awarded to the petitioner, respondent No.3 to 5 as compensation.
SCCH-1 11 MVC No.6192/2022
16. In the written statement, the respondent No.1 & 2 asserted that as on the date of accident, the Canter lorry No. KA-14-9208 had insurance coverage with respondent No.2. In the file there are no evidence to show that as on the date of accident, respondent No.1 owner of the Canter violated any terms of the policy. Hence, I came to the conclusion that the respondents 1 & 2 being owner and insurer of the canter are liable to pay compensation and award has to be passed directing the respondent No.1 and 2 to pay compensation to the petitioner, respondent No.3 to 5. 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 respondent No.1 and 2 shall either jointly or severally pay Rs.27,47,984/- (Rupees Twenty Seven Lakhs Forty Seven Thousand Nine Hundred Eighty Four only) with current and future interest @ 6% p.a., to the petitioner, respondents No.3 to 5 as compensation. SCCH-1 12 MVC No.6192/2022
The respondent No.2 being insurer of the lorry shall deposit the compensation amount with interest within three months from today.
The compensation amount and interest are distributed among petitioner, respondent No.3 to 5 equally.
After deposit of the entire compensation amount and interest allotted in favour of the petitioner Lakshmamma, respondent No.3 Sumitra may be released by crediting the same to their bank account directly.
Entire compensation amount and interest allotted in favour of the respondent No.4 & 5 shall be deposited in any bank in their names till they are attaining the age of 19 years without permitting to create any encumbrance.
Advocate's fee is fixed at Rs.1,000/-. Draw an Award accordingly.
(Dictated to the Stenographer Gr.I, transcribed by him, corrected, signed and then pronounced by me in the Open Court on this the 05th day of September, 2024) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.SCCH-1 13 MVC No.6192/2022
ANNEXURES Witnesses examined on behalf of the petitioner:
P.W.1 : Lakshmamma - 31.7.2023, 14.09.2023, P.W.2 : Krishnamurthy - 10.10.2023, 04.01.2024 Documents marked on behalf of the petitioner:11 Ex.P.1 Certified copy of FIR with Complaint Ex.P.2 Certified copy of Spot mahazar Ex.P.3 Certified copy of Seizure mahazar Ex.P.4 Certified copy of Spot sketch Ex.P.5 Certified copy of IMV Report Ex.P.6 Certified copy of Inquest Report Ex.P.7 Certified copy of P.M. Report Ex.P.8 Certified copy of Chargesheet Ex.P.9 Notarized copy of DL of deceased Ex.P.10 Notarized copy of Ration card Ex.P.11 Notarized copy of Aadhar card Witnesses examined on behalf of the respondents :
RW.1 : Sumitra - 19.03.2024 Documents marked on behalf of the respondents:
Ex.R1 Family Tree
Ex.R2 Notarized copy of Aadhar Card
Ex.R3 Notarized copy of Aadhar Card of Respondent
No.4
Ex.R4 Notarized copy of Aadhar Card of Respondent
No.5
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.