Bangalore District Court
Sri. Jayaramu T.R vs The Managing Director on 31 January, 2022
KABC020287932019
BEFORE THE COURT OF VIII ADDITIONAL SMALL
CAUSES JUDGE AND THE MOTOR ACCIDENT
CLAIMS TRIBUNAL (SCCH5) AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2022
PRESENT: SRI. KUMARA.S. B.A., LLB.,
VIII ADDL. SCJ & ACMM,
MEMBER - MACT,
BENGALURU.
M.V.C No.6921/2019
PETITIONER : Sri. Jayaramu T.R.
S/o. Late. T.N. Ramaswamy
Aged about 49 years
Residing at No.01,
Tadasuru Village and Post,
Tiptur (T),
Tumkur District.
(By Smt.Chandrika, Adv..)
V/s
RESPONDENT : The Managing Director
M/s. BMTC
Central Office,
2 MVC No.6921/2019
SCCH 5
K.H. Road,
Shanthinagar,
Bengaluru - 560 027.
(R.C.Owner of BMTC Bus bearing
Reg.No.KA01F4297)
(By Sri.K.M.Sanath Kumara, Adv.,)
****
::JUDGMENT::
This is a petition is filed by the Petitioner against Respondent for seeking compensation on account of the injuries sustained by him in the Motor Vehicle Accident.
2. The brief facts of case of the Petitioner is that:
On 23.10.2019 at about 2.00 p.m. he was proceeding to attend his work as a Conductor in R.T.Nagar, BMTC Depot, at that time, the driver of the BMTC Bus bearing Reg.No.KA01F4297, drove the Bus in rash and negligent manner and dashed against the Petitioner, due to which, Petitioner sustained grievous injuries. Immediately after the accident, he was shifted to 3 MVC No.6921/2019 SCCH 5 Bangalore Baptist Hospital and wherein he was admitted as inpatient from 23.10.2019 to 11.11.2019 and was discharged with advise to take bed rest and regular follow up treatment and he has spent a sum of Rs.3,00,000/ towards medical and other expenses. Prior to the accident, he was hale and healthy, he was aged about 49 years, working as Conductor at Depot No.14, BMTC Depot, R.T.Nagar, Bengaluru and earning Rs.27,000/ p.m. Due to the accidental injuries, he became permanent disabled and unable to work. The accident in question was occurred solely due to rash and negligent driving of the BMTC Bus by its driver. The R.T.Nagar Traffic Police have registered a case against the driver of the BMTC Bus. The Respondent being the R.C.Owner of the BMTC Bus is liable to pay 4 MVC No.6921/2019 SCCH 5 compensation of Rs.15,00,000/ with interest at the rate of 12% p.a. and with costs.
3. In pursuance of service of notice, the Respondent has appeared before the Tribunal and filed its written statement. In the written statement it has denied the rash and negligent driving of the driver of the BMTC Bus, as on the date of accident and also denied injuries sustained by the Petitioner and contended that, on 23.10.2019 the BMTC Buses in Depot No.14 were in que i.e., all the buses were standing one by one to go outside for regular schedule trips. The BMTC Bus in question was also on line and was standing in front of BMTC Bus bearing Reg.No.KA01F2805 and the driver of the BMTC Bus bearing Reg.No.KA01F4297 was on regular checkup of his Bus condition i.e., clutch, break and gear system, at that time, the Petitioner being Conductor, 5 MVC No.6921/2019 SCCH 5 where he not suppose to move in between the Buses, all of a sudden without there being any indication came in between the two Buses and caused the accident and the driver of the Bus immediately applied the break and stopped the Bus. In this process, the Petitioner himself exposed to that angle and caused the accident, as such, the BMTC Bus nor its driver is not at all responsible for the accident and therefore, this Respondent is not liable to pay compensation to the Petitioner. It is further contended that, after the accident the Petitioner has been shifted to nearby Baptist Hospital and this Respondent Corporation has immediately released a sum of Rs.3,00,000/ as advance towards treatment of the Petitioner and Respondent Corporation has granted IOD (Injured on leave with full pay) from 23.10.2019 to 23.01.2020, totally for 93 days to the Petitioner and 6 MVC No.6921/2019 SCCH 5 though, there was no fault on the part of the BMTC Bus or its driver, the Respondent Corporation has granted all these on humanitarian grounds and denied age, occupation and income of the Petitioner and denied alleged accident caused by the Bus and injuries sustained by the Petitioner and compensation claimed by the Petitioner is exorbitant, exaggerated and hence, pray for dismiss the petition against this Respondent.
4. On the basis of the above pleadings, my learned predecessor has framed the following :
::ISSUES::
1. Whether Petitioner proves that, on 23.10.2019 at about 2.00 p.m. when the Petitioner was proceeding to attend his work as Conductor in R.T.Nagar, BMTC Depot and at that time, the driver of the Bus bearing Reg.No.KA01F4297 drove the same in a rash and negligent manner at a 7 MVC No.6921/2019 SCCH 5 high speed and dashed against the Petitioner, as a result, the Petitioner sustained grievous injuries, as mentioned in claim petition?
2. Whether the Petitioner is entitled for compensation as prayed in the petition? If so, from which Respondent?
3. What order or award?
5. The Petitioner in order to prove his case, he himself examined as PW1 and two witnesses are examined as PW2 and PW3 and got marked 26 documents as Ex.P.1 to Ex.P.26 and closed his side evidence. On behalf of the Respondent Corporation, the Driver of the offending Bus is examined as RW1 and no document have been marked on behalf of Respondent Corporation and closed its side evidence. 8 MVC No.6921/2019
SCCH 5
6. I have heard the arguments advanced by learned counsel for Petitioner and Respondent and perused the records.
7. My findings on the above Issues are as follows:
Issue No.1 : In the Affirmative
Issue No.2 : Partly in the Affirmative
Issue No.3 : As per final order for the
following:
::REASONS::
8. Issue No.1: The Petitioner in order to prove his case, he himself examined as PW1 and in his chief examination evidence, he has reiterated the petition averments therein. Though he has been elaborately crossexamined by the Respondent counsel, but nothing is brought on record to show that, the Petitioner is sole responsible for the alleged accident and injury and in the crossexamination he denied to the suggestion that, the 9 MVC No.6921/2019 SCCH 5 accident occurred due to his negligent act. But, in the crossexamination he admits that, the Respondent Corporation has paid a sum of Rs.3,00,000/ towards medical expenses and also admits that, Respondent Corporation has given IOD facility till 17.05.2020 and also admits that, he has not given application to extend IOD facility.
9. Further, PW2 is Medical Record Officer of Bengaluru Baptist Hospital has produced MLC Intimation, Accident Register and Case Sheet of the Petitioner. In the crossexamination he admits that, he does not know the contents of the above said documents and there is no mentioning of vehicle number in the said records.
10. PW3 is a Depot Manager of Depot No.14, R.T.Nagar, Bengaluru has produced certain documents, 10 MVC No.6921/2019 SCCH 5 such as, Letters, Appointment Order, Salary Certificate, IOD Leave Order, Medical Certificate of leave, Leave Letters and Payslips of the Petitioner and in the evidence he has stated that, the Petitioner was working as Driver cumConductor since 2009 in Respondent Corporation and has paid Rs.29,186/ p.m. as salary and on 23.10.2019, he met with an accident while he was on service and as per the medical records, he was sustained grievous injuries and from the date of the accident till today, the Petitioner was absent from his service and till 17.05.2020 they have paid salary to the Petitioner and from that date to till date, the Petitioner has not filed any application for extension of IOD or leave and it is considered as unauthorized absent and has not paid any salary. In the crossexamination he stated that, since the Petitioner has sustained grievous injuries, he was absent 11 MVC No.6921/2019 SCCH 5 from service, for that, he volunteers that, the Petitioner has not produced any medical certificate and also admits that, they have not given any show cause notice for his unauthorized absent and in the crossexamination by the Respondent counsel he admits that, they have paid salary for the period for which the Petitioner has filed application and medical report and they have not removed the Petitioner from the service.
11. Further, to disprove the case of the Petitioner, the Driver of the offending Bus examined as RW1 and in the crossexamination he admits that, as on the date of accident, he himself was driving the said offending Bus. He also deposed that, the driver and conductor was permitted to use the said Depot and also admits that, Petitioner was working as Conductor in the same Depot and admits that, neither he nor his Corporation has 12 MVC No.6921/2019 SCCH 5 challenged the charge sheet filed against him and denied to the suggestion that, due to his rash and negligent driving of the Bus, the Petitioner has sustained injuries.
12. Apart from the oral evidence, the Petitioner has got marked 26 documents as Ex.P.1 to Ex.P.26. Ex.P.1 is copy of FIR filed in Crime No.75/2019 of R.T.Nagar Traffic P.S. which was filed against the driver of the BMTC Bus for rash and negligent driving and causing accident. The complaint annexed to the FIR also discloses that, the complainant has given his statement before the Police on 28.10.2019 at hospital while taking treatment regarding rash and negligent driving of the BMTC Bus by its driver, causing accident and grievous injuries to him. Ex.P.2 is copy of Further Statement of the Petitioner/Complainant, wherein he stated that, the driver of the BMTC Bus has drove his Bus towards front 13 MVC No.6921/2019 SCCH 5 side and dashed against the Petitioner and caused accidental injuries. Ex.P.3 is copy of Hand Sketch Map. Ex.P.4 is copy of Spot Panchanama. Ex.P.5 is copy of IMV Report of the offending vehicle, no visible damages was found. Ex.P.6 is copy of Charge Sheet filed by the Police against the driver of the BMTC Bus for rash and negligent driving and causing grievous injuries to the Petitioner. Ex.P.7 is copy of Wound Certificate issued by Bangalore Baptist Hospital, it shows that, the Petitioner was sustained grievous injuries in the Motor Vehicle Accident. Ex.P.8 is Discharge Summary issued by Bangalore Baptist Hospital, wherein the Petitioner was admitted in the said hospital on 23.10.2019 and was discharged on 11.11.2019, it shows that, Petitioner was admitted in the said hospital nearly for 19 days as inpatient. Ex.P.10 is Radiology Report of the Petitioner. 14 MVC No.6921/2019
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13. On going through above documentary evidence particularly, Police records and medical records, it clearly discloses that, Petitioner was sustained grievous injuries in the Motor Vehicle Accident that occurred on 23.10.2019 at about 2.00 p.m. when he was proceeding to attend his work as a Conductor in R.T.Nagar, BMTC Depot, at that time, the driver of the Bus bearing Reg.No.KA01F4297 drove the same in rash and negligent manner and caused accident and grievous injuries to the Petitioner. Hence, the Petitioner has proved this issue. Accordingly, Issue No.1 is answered in affirmative.
14. Issue No.2: This issue is related to the entitlement of the compensation on account of the injury sustained by the Petitioner in Motor Vehicle Accident. The Petitioner in his pleadings and evidence has stated 15 MVC No.6921/2019 SCCH 5 that, prior to the accident, he was aged about 49 years, was working as Conductor at BMTC Depot, R.T.Nagar, Bengaluru and drawing a salary of Rs.27,000/ p.m. and due to the accidental injuries, he became permanent disabled and unable to attend his work and there is a loss of income.
15. It is the duty of the Petitioner to prove his age, avocation and income. But, the Petitioner has not produced any school records or birth certificate for the proof of his age. As per Ex.P.9 attested true copy of the Aadhar Card, wherein his birth year is mentioned as 1970. However, as per Ex.P.18 Service Letter, his date of birth is mentioned as 21.06.1970 and the alleged accident was occurred on 23.10.2019. Hence, as on the date of accident, the Petitioner was aged about 49 years. 16 MVC No.6921/2019
SCCH 5 Accordingly, this Tribunal has assessed the age of the Petitioner at 49 years, as on the date of accident.
16. With respect to avocation and income, the Petitioner has produced Ex.P.10 copy of Appointment Order, Ex.P.12 Syndicate Bank Pass Book, Ex.P.13 is copy of Syndicate Bank Pass Book, Ex.P.17 Letter dated 27.12.2021, Ex.P.18 Letter dated 10.12.2021 regarding employment details of the Petitioner, Ex.P.19 Salary Certificate of the Petitioner, it discloses that, the Petitioner is drawing monthly salary of Rs.29,186/ and said document also discloses that, the Petitioner is a Conductor at BMTC, Depot No.14, R.T.Nagar, Bengaluru.
17. However, the Petitioner has not examined the Doctor, who treated him and even he has not produced any disability certificate to show that, he has sustained any physical disability or any functional disability. 17 MVC No.6921/2019
SCCH 5 Though he has produced Ex.P.7 Wound Certificate, Ex.P.8 Discharge Summary, Ex.P.16 Case Sheet, but, he has not produced any Xray Films, Scan Report regarding any fracture injuries and even he has not examined the Doctor, who issued Ex.P.7 Wound Certificate.
18. The Petitioner has contended that, he suffered loss of income due to accidental injuries and he also incurred loss of income during laid up period. Ex.P.8 is Discharge Summary issued by Bangalore Baptist Hospital, wherein Petitioner was admitted as inpatient for 19 days and as per Ex.P.20, IOD Leave Letter, the Petitioner has obtained IOD facility (Injured on leave with full pay) from 23.10.2019 to 23.01.2020 and also obtained IOD leave from 24.01.2020 to 28.02.2020. Further, the Petitioner has claimed that, he has incurred Rs.3,00,000/ towards medical expenses, but he has not 18 MVC No.6921/2019 SCCH 5 produced any medical bills and medical prescriptions to show that, he has incurred medical expenses.
19. However, PW1 in the crossexamination by the Respondent counsel admits that, the BMTC Corporation have paid Rs.3,00,000/ towards medical expenses and also admits that, BMTC Corporation reimbursed entire medical expenses of the Petitioner and also admits that, BMTC has granted IOD facility till 17.05.2020 and he also admits that, he has not filed application along with medical certificate for extension of IOD. Further, PW3 has stated that, till 17.05.2020, the salary of the Petitioner has been paid and also admits that the Corporation has given IOD facility to the Petitioner and said evidence was supported by Ex.P.21, wherein Depot Manager, BMTC has addressed letter to the Administrative Officer, Bangalore Baptist Hospital for 19 MVC No.6921/2019 SCCH 5 payment of medical expenses of the Petitioner at Rs.3,00,000/ and in support of that, he has also produced copy of cheque. Therefore, I am of the opinion that, inview of the facts and circumstances of the case and in the absence of evidence of Doctor regarding the nature of the grievous injuries sustained by the Petitioner or any physical disability or functional disability sustained by the Petitioner and in the absence of medical bills incurred by the Petitioner, this Tribunal is of the opinion that, the Petitioner is entitled for global compensation.
20. Accordingly, I hold that, the Petitioner is entitled for global compensation of Rs.1,00,000/ with interest at the rate of 9% p.a. from the date of petition till its realization.
20 MVC No.6921/2019
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21. Since, the Respondent is owner and self insurer of the offending BMTC Bus shall deposit the above said compensation amount with interest within two months from the date of this order. Accordingly I answer Issue No.2 partly in affirmative.
22. Issue No.3: For the reasons assigned to Issues No.1 and 2, I proceed to pass the following:
::ORDER::
The petition filed by the Petitioner under Sec.166 of the M.V. Act, 1989 is partly allowed with cost. The Petitioner is entitled for global compensation of Rs.1,00,000/ (Rupees One Lakh Only) with interest at the rate of 9% p.a. from the date of petition till its realization. The Respondent shall deposit above said compensation amount with interest within two months from the date of this order.21 MVC No.6921/2019
SCCH 5 Since, award amount is meagre one, the entire award amount is ordered to be released through epayment directly to the Petitioner account by obtaining the Bank A/c details.
The Advocate Fee is fixed at Rs.1,000/. Draw award accordingly.
(Dictated to the stenographer, transcript thereof is corrected and then pronounced by me in the Open Court on this the 31 st day of January, 2022) (KUMARA.S.) VIII ADDL. JUDGE & ACMM, MEMBER, MACT, BENGALURU.
::A N N E X U R E::
LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONER: PW1 : Sri. Jayaramu T.R. PW2 : Sri. Vimalraj R. PW3 : Sri. Keshavamurthy N. 22 MVC No.6921/2019 SCCH 5 LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONER: Ex.P.1 : Copy of FIR with Complaint Ex.P.2 : Copy of Statement of Petitioner Ex.P.3 : Copy of Sketch Ex.P.4 : Copy of Mahazar Ex.P.5 : Copy of IMV Report Ex.P.6 : Copy of Charge Sheet Ex.P.7 : Copy of Wound Certificate Ex.P.8 : Discharge Summary Ex.P.9 : Notarized copy of Aadhar Card Ex.P.10 : Medical Investigation Report Ex.P.11 : Notarized copy of Appointment Order Ex.P.12 : Syndicate Bank Pass Book Ex.P.13 : Notarized copy of continuation of Syndicate Bank Pass Book Ex.P.14 : MLC Intimation Ex.P.15 : Accident Register Ex.P.16 : Case Sheet Ex.P.17 : Letter dated 27.12.2021 Ex.P.18 : Letter dated 10.02.2021 regarding employment details Ex.P.19 : Salary Certificate Ex.P.20 : IOD Leave Order (2 in Nos.) Ex.P.21 : Letter addressed to Baptish Hospital, Bengaluru dated 28.10.2019 Ex.P.22 : Medical Certificate of Leave (3 in Nos.) Ex.P.23 : Leave Letter dated 07.11.2021 Ex.P.24 : Leave Letter dated 22.01.2021 23 MVC No.6921/2019 SCCH 5 Ex.P.25 : Leave Letter dated 25.02.2021 Ex.P.26 : Pay Slip for the month of March to May, 2020 (3 in Nos.) LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENT: RW1 : Sri. N.Lokesha LIST OF DOCUMENTS MARKED ON BEHALF OF THE RESPONDENT: NIL (KUMARA. S.) VIII ADDL. JUDGE & ACMM, MEMBER, MACT, BENGALURU.