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Bangalore District Court

Nagamani vs Shri Ram Gen Ins Co Ltd on 3 February, 2024

                          1     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                            SCCH ­ 7
KABC020003282023




 IN THE COURT OF THE IX ASCJ. SMALL CAUSES AND

          ADDL. MACT, BENGALURU, (SCCH - 7)

          DATED THIS 3rd DAY OF FEBRUARY 2024

              BEFORE: SRI.UMESH S. ATNURE,

                                      B.Com.LL.B.(Spl)

                 IX Addl. Small Causes Judge,
                   Court of Small Causes,
                 Member, MACT­7, Bengaluru.

           M.V.C. No.81, 82, 83, 84 AND 85 OF 2023

           (M.V.C.No.81/2023 IS THE MAIN CASE)

                PARTIES IN M.V.C.No.81/2023

      Lakshmamma,
      W/o Narayanappa,
      Aged about 70 years,
      No.146, Kallinayakanahalli,
      Gowribidanur Taluk,
      Chikkaballapura District.
                                                   Petitioner's
           ­VERSUS -

01.   Shriram General Insurance Company Ltd.,
      No.3/5, 3rd Floor, S.V. Arcade,
      Belekahalli Main Road,
                            2     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
     Off: Bannerughatta Road,
     IIM­B Post, Bengaluru - 76.

     (Insurer of TATA Ace Goods vehicle
     bearing registration No.KA­25­D­0670),
     Policy No.418056/31/22/003676
     valid from 08.02.2022 to 07.02.2023.

2.   Totappa, Major, S/o Devappa,
     Nittali Hatti Village,
     Koppal, Alwadi,
     Koppal - 583 226.

     (Policy holder of TATA Ace vehicle
     bearing registration No.KA­25­D­0670)

3.   Suresh Kodli, Major, S/o Mallappa,
     A/P Kadakol,
     Gadag - 582 120.

     (RC Owner of TATA Ace Goods vehicle
     bearing registration No.KA­25­D­0670)

4.   United India Insurance Co. Ltd.,
     Regional Office, T.P. Hub, 5th and 6th Floor,
     Krishi Bhavan, Hudson Circle,
     Bengaluru - 560001.

     (Insurer of Private Bus bearing registration
     No.KA­06­B­4189)
     Policy No.0730013122P100324840
     valid from 07.04.2022 to 06.04.2023.
                            3      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
5.    S.N. Anil Kumar, Major,
      S/o S. Nagaraju,
      No.16, 1st Cross, A.V. Road,
      Kalasipalyam Bus Stand,
      Bengaluru - 560 002.

      (R.C. Owner of Private Bus bearing registration
      No.KA­06­B­4189)
                                                 Respondents

                 PARTIES IN M.V.C.No.82/2023

      Nagamani,
      Aged about 58 years,
      W/o Hanumantharayappa,
      Kallinayakanahalli,
      Gowribidanur Taluk,
      Chikkaballapura District.
                                                     Petitioner's
           ­VERSUS -

01.   Shriram General Insurance Company Ltd.,
      No.3/5, 3rd Floor, S.V. Arcade,
      Belekahalli Main Road,
      Off: Bannerughatta Road,
      IIM­B Post, Bengaluru - 76.

      (Insurer of TATA Ace Goods vehicle
      bearing registration No.KA­25­D­0670),
      Policy No.418056/31/22/003676
      valid from 08.02.2022 to 07.02.2023.

2.    Totappa, Major, S/o Devappa,
      Nittali Hatti Village,
                            4     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
     Koppal, Alwadi,
     Koppal - 583 226.

     (Policy holder of TATA Ace vehicle
     bearing registration No.KA­25­D­0670)

3.   Suresh Kodli, Major, S/o Mallappa,
     A/P Kadakol,
     Gadag - 582 120.

     (RC Owner of TATA Ace Goods vehicle
     bearing registration No.KA­25­D­0670)

4.   United India Insurance Co. Ltd.,
     Regional Office, T.P. Hub, 5th and 6th Floor,
     Krishi Bhavan, Hudson Circle,
     Bengaluru - 560001.

     (Insurer of Private Bus bearing registration
     No.KA­06­B­4189)
     Policy No.0730013122P100324840
     valid from 07.04.2022 to 06.04.2023.

5.   S.N. Anil Kumar, Major,
     S/o S. Nagaraju,
     No.16, 1st Cross, A.V. Road,
     Kalasipalyam Bus Stand,
     Bengaluru - 560 002.

     (R.C. Owner of Private Bus bearing registration
     No.KA­06­B­4189)
                                                 Respondents
                           5       M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
                 PARTIES IN M.V.C.No.83/2023

      Jayamma,
      W/o Thimmaiah
      Aged about 43 years,
      Kallinayakanahalli,
      Gowribidanur Taluk,
      Chikkaballapura District.
                                                     Petitioner's
           ­VERSUS -

01.   Shriram General Insurance Company Ltd.,
      No.3/5, 3rd Floor, S.V. Arcade,
      Belekahalli Main Road,
      Off: Bannerughatta Road,
      IIM­B Post, Bengaluru - 76.

      (Insurer of TATA Ace Goods vehicle
      bearing registration No.KA­25­D­0670),
      Policy No.418056/31/22/003676
      valid from 08.02.2022 to 07.02.2023.

2.    Totappa, Major, S/o Devappa,
      Nittali Hatti Village,
      Koppal, Alwadi,
      Koppal - 583 226.

      (Policy holder of TATA Ace vehicle
      bearing registration No.KA­25­D­0670)

3.    Suresh Kodli, Major, S/o Mallappa,
      A/P Kadakol,
      Gadag - 582 120.
                            6     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
     (RC Owner of TATA Ace Goods vehicle
     bearing registration No.KA­25­D­0670)

4.   United India Insurance Co. Ltd.,
     Regional Office, T.P. Hub, 5th and 6th Floor,
     Krishi Bhavan, Hudson Circle,
     Bengaluru - 560001.

     (Insurer of Private Bus bearing registration
     No.KA­06­B­4189)
     Policy No.0730013122P100324840
     valid from 07.04.2022 to 06.04.2023.

5.   S.N. Anil Kumar, Major,
     S/o S. Nagaraju,
     No.16, 1st Cross, A.V. Road,
     Kalasipalyam Bus Stand,
     Bengaluru - 560 002.

     (R.C. Owner of Private Bus bearing registration
     No.KA­06­B­4189)
                                                 Respondents

               PARTIES IN M.V.C.No.84/2023

     Shashikala,
     W/o Ashwatha Reddy,
     Aged about 42 years,
     Gowdasandra,
     Vidurashwatha,
     Gowribidanur Taluk,
     Chikkaballapura District.
                                                     Petitioner's
                             7     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
           ­VERSUS -

01.   Shriram General Insurance Company Ltd.,
      No.3/5, 3rd Floor, S.V. Arcade,
      Belekahalli Main Road,
      Off: Bannerughatta Road,
      IIM­B Post, Bengaluru - 76.

      (Insurer of TATA Ace Goods vehicle
      bearing registration No.KA­25­D­0670),
      Policy No.418056/31/22/003676
      valid from 08.02.2022 to 07.02.2023.

2.    Totappa, Major, S/o Devappa,
      Nittali Hatti Village,
      Koppal, Alwadi,
      Koppal - 583 226.

      (Policy holder of TATA Ace vehicle
      bearing registration No.KA­25­D­0670)

3.    Suresh Kodli, Major, S/o Mallappa,
      A/P Kadakol,
      Gadag - 582 120.

      (RC Owner of TATA Ace Goods vehicle
      bearing registration No.KA­25­D­0670)

4.    United India Insurance Co. Ltd.,
      Regional Office, T.P. Hub, 5th and 6th Floor,
      Krishi Bhavan, Hudson Circle,
      Bengaluru - 560001.

      (Insurer of Private Bus bearing registration
                            8      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      No.KA­06­B­4189)
      Policy No.0730013122P100324840
      valid from 07.04.2022 to 06.04.2023.

5.    S.N. Anil Kumar, Major,
      S/o S. Nagaraju,
      No.16, 1st Cross, A.V. Road,
      Kalasipalyam Bus Stand,
      Bengaluru - 560 002.

      (R.C. Owner of Private Bus bearing registration
      No.KA­06­B­4189)
                                                  Respondents
               PARTIES IN M.V.C.No.85/2023

      Kalavathi,
      W/o Venkatesh,
      Aged about 34 years,
      Kallinayakanahalli,
      Gowribidanur Taluk,
      Chikkaballapura District.
                                                     Petitioner's
           ­VERSUS -

01.   Shriram General Insurance Company Ltd.,
      No.3/5, 3rd Floor, S.V. Arcade,
      Belekahalli Main Road,
      Off: Bannerughatta Road,
      IIM­B Post, Bengaluru - 76.

      (Insurer of TATA Ace Goods vehicle
      bearing registration No.KA­25­D­0670),
      Policy No.418056/31/22/003676
      valid from 08.02.2022 to 07.02.2023.
                             9     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7

2.    Totappa, Major, S/o Devappa,
      Nittali Hatti Village,
      Koppal, Alwadi,
      Koppal - 583 226.
      (Policy holder of TATA Ace vehicle
      bearing registration No.KA­25­D­0670)

3.    Suresh Kodli, Major, S/o Mallappa,
      A/P Kadakol,
      Gadag - 582 120.
      (RC Owner of TATA Ace Goods vehicle
      bearing registration No.KA­25­D­0670)

4.    United India Insurance Co. Ltd.,
      Regional Office, T.P. Hub, 5th and 6th Floor,
      Krishi Bhavan, Hudson Circle,
      Bengaluru - 560001.

      (Insurer of Private Bus bearing registration
      No.KA­06­B­4189)
      Policy No.0730013122P100324840
      valid from 07.04.2022 to 06.04.2023.

5.    S.N. Anil Kumar, Major,
      S/o S. Nagaraju,
      No.16, 1st Cross, A.V. Road,
      Kalasipalyam Bus Stand,
      Bengaluru - 560 002.
      (R.C. Owner of Private Bus bearing registration
      No.KA­06­B­4189)
                                                  Respondents
===
                         10      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                            SCCH ­ 7
Petitioners in all cases by Sri. H.R.Ramesh, Advocate
Respondent No.1 in all cases by Sri.S.R.Murthy, Advocate
Respondent No.2 in MVC No.81/2023, MVC No.82/2023, MVC
No.84/2023 and MVC No.85/2023 are placed exparte
Respondent No.2 in MVC No.83/2023 by Sri.K.V.Shiva Reddy,
Advocate
Respondent No.3 in MVC No.81/2023 and MVC No.83/2023 by
Sri.K.V. Shiva Reddy, Advocate,
Respondent No.3 in MVC No.82/2023, MVC No.84/2023 and MVC
No.85/2023 placed exparte
Respondent No.4 in all cases by Sri.R.S. Srikanta Reddy,
Advocate,
Respondent No.5 in all cases by Sri.G.N.Subramani, Advocate
===
Date of filing of petitions in M.V.C.Nos.81 to 85 of 2023 on
04.01.2023.
===

                :COMMON­JUDGMENT:

1.   These cases are arising out of same accident, as such by

     order dated 25.07.2023 the M.V.C.No.82/2023, M.V.C.

     No.83/2023, M.V.C.No.84/2023 and M.V.C. No.85/2023 the

     said cases are clubbed with M.V.C.No.81/2023. The

     M.V.C.No.81/2023 is the main case.


2.   The M.V.C.No.81/2023 is filed by the petitioner for claiming

     compensation of Rs.15,00,000/­ for the injuries sustained by
                           11      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
     her, the   M.V.C.No.82/2023 is filed by the petitioner for

     claiming compensation of Rs.10,00,000/­ for the injuries

     sustained by her, the M.V.C.No.83/2023 is filed by the

     petitioner for claiming compensation of Rs.7,00,000/­ for the

     injuries sustained by her, the M.V.C.No.84/2023 is filed by

     the petitioner for claiming compensation of Rs.7,00,000/­ for

     the injuries sustained by her and the M.V.C.No.85/2023 is

     filed by the petitioner for claiming compensation of

     Rs.7,00,000/­ for the injuries sustained by her in the

     accident occurred on 27.10.2022..


3.   It is the case of the petitioners in M.V.C.No.81/2023 to

     M.V.C.No.85/2023 that on 27.10.2022 at about 5.45 p.m.,

     they were pedestrian on the left side of Bengaluru­

     Gowribidanur SH­9 road along with other Coolies towards

     Kallingyakanahalli        Village,     Thondebhavi         Hobli,

     Gowribidanur Taluk, and all were reached infront of Bayar

     Company, at that time the driver of the Tata ACE goods
                              12       M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                  SCCH ­ 7
     vehicle bearing    registration No.KA­25­D­0670 drove the

     same at high speed in a rash and negligent manner and

     dashed against the petitioners and the Private Bus bearing

     registration No.KA­06­B­4189 was dashed against rear side

     of the said Tata Ace Goods vehicle and as a result they

     sustained grievous injuries. Immediately they were shifted

     to Government Hospital, Gowribidanur, wherein they were

     admitted   as      an        inpatient.      The     petitioner     in

     M.V.C.No.81/2023 after first aid, she was shifted Profile

     Multi Speciality    Hospital, Bengaluru, wherein she was

     admitted as an inpatient.


4.   The petitioner in M.V.C.No.81/2023 contended that prior to

     the accident the she was hale and healthy and aged about

     70 years and she was Agriculturist and coolie and earning

     Rs.20,000/­ p.m., and due to the injuries sustained in the

     accident she permanently disabled and not in a position to

     do work.
                          13      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
5.   The petitioner in M.V.C.No.82/2023 contended that prior to

     the accident she was hale and healthy and aged about 58

     years and and she was working as Agriculture and Coolie

     and earning Rs.20,000/­ p.m., and due to the injuries

     sustained in the accident she permanently disabled and not

     in a position to do work.


6.   The petitioner in M.V.C.No.83/2023 contended that prior to

     the accident the she was hale and healthy and aged about

     43 years and she was working as Agriculture and Coolie

     and earning Rs.20,000/­ p.m., and due to the injuries

     sustained in the accident she permanently disabled and not

     in a position to do work.


7.   The petitioner in M.V.C.No.84/2023 contended that prior to

     the accident the she was hale and healthy and aged about

     42 years and she was working as Agriculture and Coolie

     and earning Rs.20,000/­ p.m., and due to the injuries
                          14      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
     sustained in the accident she permanently disabled and not

     in a position to do work.


8.   The petitioner in M.V.C.No.85/2023 contended that prior to

     the accident the she was hale and healthy and aged about

     34 years and she was working as Agriculture and Coolie

     and earning Rs.20,000/­ p.m., and due to the injuries

     sustained in the accident she permanently disabled and not

     in a position to do work.


9.   Further the petitioners are contended that this accident is

     occurred due to the negligence of the driver of the Tata

     ACE Goods vehicle bearing registration No.KA­26­D­0670

     and Private Bus bearing registration No.KA­06­B­4189.

     The respondent No.1 is the insurer of Tata Ace Goods,

     respondent No.2 is the policy holder of Tata Ace Goods,

     respondent No.3 is the Owner of Tata Ace Goods,

     respondent No.4 insurer of private Bus and respondent

     No.5 is the owner of private Bus, hence the respondent No.1
                           15      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      to 5 are jointly and severally liable to pay compensation to

      them. Hence they prayed to allow their petitions.


10.   In response to the notice issued by this tribunal in all the

      cases the respondent No.1, 3, 4 and 5 have appeared

      through their counsel and filed their written statements by

      taking same contentions in all the cases. The respondent

      No.2 is placed exparte.


11.   The respondent No.1 filed the written statement by denying

      the entire contention of the petitioners. Further the

      respondent No.1 admitted that they have issued the policy

      in respect of Tata Ace Goods vehicle No.KA­25­D­0670 was

      in force as on the date of the accident, but their liability is

      subject to the terms and conditions of the policy. Further

      contended that the 2nd and 3rd respondent of Tata Ace Goods

      vehicle was not having valid and effective driving license,

      valid RC, permit and FC at the time of the accident, hence

      they are not liable to pay any compensation to the
                           16      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      petitioner.   Hence, on all these grounds, the respondent

      No.1 has prayed for dismissal of claim petition.


12.   The respondent No.3 filed the written statement by denying

      the entire contention of the petitioners.          Further the

      respondent No.3 admitted that he is the RC owner of Tata

      Ace Goods vehicle and it is insured with the 1 st respondent

      and same is in force as on the date of accident. Hence they

      are not liable to pay any compensation to the petitioner.

      Hence, on all these grounds, the respondent No.3 has

      prayed for dismissal of claim petition.


13.   The respondent No.4 filed the written statement by denying

      the entire contention of the petitioners. Further the

      respondent No.4 admitted that they have issued the policy

      in respect of Private Bus bearing No.KA­06­B­4189 was in

      force as on the date of the accident, but their liability is

      subject to the terms and conditions of the policy. Further

      contended that the driver of Private Bus was not having
                           17      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      valid and effective driving license, valid RC, permit and FC

      at the time of the accident. Further contended that the

      alleged accident occurred solely due to the rash and

      negligent driving of the driver of Tata Ace Goods, hence

      they are not liable to pay any compensation to the

      petitioner.   Hence, on all these grounds, the respondent

      No.4 has prayed for dismissal of claim petition.


14.   The respondent No.5 filed the written statement by denying

      the entire contention of the petitioners.          Further the

      respondent No.5 admitted that he is the RC owner of

      Private Bus and it is insured with the 4 th respondent and

      same was in force as on the date of accident. Hence he is

      not liable to pay any compensation to the petitioner.

      Hence, on all these grounds, the respondent No.5 has

      prayed for dismissal of claim petition.


15.   On the basis of above pleadings following Issues were

      framed.
                 18        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                      SCCH ­ 7




       ISSUES IN M.V.C.No.81/2023

(1)   Whether the Petitioners prove that the

      accident occurred due to rash and negligent

      act of driving of Tata ACE Goods vehicle

      bearing registration No.KA­25­D­0670 and as

      a result, she sustained injuries?

(2)   Whether the Petitioner proves the age and

      earnings of the Petitioner as stated in the

      claim petition?

(3)   Whether        petitioner    is     entitled     for

      compensation? If so, how much and from

      whom?

(4)   What order or award?
                19        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                     SCCH ­ 7
            ISSUES IN M.V.C.No.82/2023

(1)    Whether the Petitioner proves that the

       accident occurred due to rash and negligent

       act of driving of Tata ACE Goods vehicle

       bearing registration No.KA­25­D­0670 and

       as a result she sustained injuries?

(2)    Whether the Petitioner proves the age and

       earnings of the Petitioner as stated in the

       claim petition?

(3)    Whether      petitioner      is    entitled    for

       compensation? If so, how much and from

       whom?

(4)    What order or award?

            ISSUES IN M.V.C.No.83/2023

(1) Whether the Petitioners prove that the

      accident occurred due to rash and negligent

      act of driving of Tata ACE Goods vehicle
                20        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                     SCCH ­ 7
     bearing registration No.KA­25­D­0670 and as

     a result, she sustained injuries?

(2) Whether the Petitioner proves the age and

     earnings of the Petitioner as stated in the

     claim petition?

(3) Whether         petitioner    is     entitled     for

     compensation? If so, how much and from

     whom?

(4) What order or award?

      ISSUES IN M.V.C.No.84/2023

1.   Whether the Petitioners prove that the

     accident occurred due to rash and negligent

     act of driving of Tata ACE Goods vehicle

     bearing registration No.KA­25­D­0670 and

     as a result, she sustained injuries?
                 21       M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                     SCCH ­ 7
2. Whether the Petitioner proves the age and

     earnings of the Petitioner as stated in the

     claim petition?

3.    Whether        petitioner    is   entitled     for

     compensation? If so, how much and from

     whom?

4. What order or award?

                ISSUES IN M.V.C.No.85/2023

1.   Whether the Petitioners prove that the

     accident occurred due to rash and negligent

     act of driving of Tata ACE Goods vehicle

     bearing registration No.KA­25­D­0670 and as

     a result, she sustained injuries?

2.   Whether the Petitioner proves the age and

     earnings of the Petitioner as stated in the

     claim petition?
                           22        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                SCCH ­ 7
           3.   Whether        petitioner    is     entitled     for

                compensation? If so, how much and from

                whom?

           4.   What order or award?

16.   In order to prove the case of the petitioners, the petitioner

      in M.V.C.No.81/2023 is examined as PW.1 and got marked

      Ex.P.1 to Ex. P.12. The petitioner in M.V.C.No.82/2023 is

      examined as PW.2 and got marked Ex.P.13 to P.15, the

      petitioner in M.V.C.No.83/2023 is examined as PW.3 and

      got marked Ex.P.16 to Ex.P.18 and the petitioner in

      M.V.C.No.84/2023 is examined as PW­4 and got marked

      Ex.P19 to Ex.P21, the petitioner in M.V.C. No.85/2023 is

      examined as PW­5 and got marked Ex.P22 to Ex.P26. The

      petitioner in M.V.C.No.81/2023 is examined Medical

      Record Technician in Prolife Multi Speciality Hospital as

      PW­6 and got marked Ex.P27 to Ex.P30 and closed their

      side. The respondent No.1 examined its Legal Officer as
                           23        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                SCCH ­ 7
      RW­1   and   got   marked       Ex.R1    and    R2    and    other

      Respondents have not adduce any evidence .

17.   Heard the arguments of both side and I have perused the

      material available on record.

18.   My findings to the above referred Issues are as under;


                 ISSUES IN M.V.C. No.81/2023

           Issue No.1          :­   In the Affirmative

           Issue No.2          :­   Partly in the affirmative

           Issue No.3          :­   Partly in the affirmative

           Issue No.4          :­   As per final order for the
                                    following.......


                 ISSUES IN M.V.C. No.82/2023

           Issue No.1          :­   In the Affirmative

           Issue No.2          :­   Partly in the affirmative

           Issue No.3          :­   Partly in the affirmative

           Issue No.4          :­   As per final order for the

                                    following.......
              24        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                   SCCH ­ 7
     ISSUES IN M.V.C. No.83/2023

Issue No.1        :­   In the Affirmative

Issue No.2        :­   Partly in the affirmative

Issue No.3        :­   Partly in the affirmative

Issue No.4        :­   As per final order for the

                       following.......


     ISSUES IN M.V.C. No.84/2023

Issue No.1        :­   In the Affirmative

Issue No.2        :­   Partly in the affirmative

Issue No.3        :­   Partly in the affirmative

Issue No.4        :­   As per final order for the

                       following.......


     ISSUES IN M.V.C. No.85/2023

Issue No.1        :­   In the Affirmative

Issue No.2        :­   Partly in the affirmative

Issue No.3        :­   Partly in the affirmative

Issue No.4        :­   As per final order for the
                          25      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
                                 following.......

                      :REASONS:


19.   Issue No.1 in all cases :­ The petitioners in M.V.C.

      No.81/2023 to M.V.C.No.85/2023 are examined as PW.1 to

      PW.5 and in their examination in chief they deposed as per

      contention taken by them. The PW.1 has produced FIR as

      per Ex.P.1, Complaint as per Ex.P.2, Spot Mahazar as per

      Ex.P.3, Spot Sketch as per Ex.P.4, IMV Report as per

      Ex.P.5, Wound Certificate as per Ex.P.6 and Charge Sheet

      as per Ex.P.7. Further the PW.2 has produced Wound

      Certificate as per Ex.P.13,    PW.3 has produced Wound

      Certificate as per Ex.P.16,    PW.4 has produced Wound

      Certificate as per Ex.P.19 and PW.5 has produced Wound

      Certificate as per Ex.P.22. By perusing these documents it

      clearly goes to shows that this accident was occurred due to

      the negligence of the driver of Tata ACE Goods vehicle

      bearing registration No.KA­25­D­0670 and also due to the
                          26      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
      negligence of the driver of the Bus bearing No.KA­06­B­

      4186.


20.   In the cross­examination by respondent No.4 they deposed

      that as on the date of the accident they went to Coolie work

      and this accident was occurred at 6­00 p.m., and one Tempo

      dashed against them and the said tempo dashed against

      them from behind and the there is 3 feet distance in

      between the footpath and road. They denied that they are

      negligently going on the road as such due to their

      negligence this accident was took place. They also denied

      that there is no negligence on the part of the driver of the

      Bus bearing registration No.KA­06­B­4189. They deposed

      that they have not produced the spot sketch. They denied

      that the Bus bearing registration No.KA­06­B­4189 was not

      dashed to the Tempo as such intentionally they have not

      produced the spot sketch and in this accident the Bus

      bearing registration No.KA­06­B­4189 is not involved as
                          27      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
      such the respondents no.4 and 5 are not liable to pay any

      compensation to them. Further deposed that as per Ex.P.5

      the Bus was not sustained any damages and by colluding

      with the police they have lodged false complaint against the

      offending vehicle. Further deposed that after the accident

      they shifted to Gowribidanuru Government Hospital and in

      the Gowribidanuru Government they mentioned the vehicle

      number which involved in the accident and they are not

      having any impediment to produce the MLC record of

      Gowribidanur Government Hospital. They denied that to

      get compensation they deposed falsely.


21.   In the cross examination by respondent No.1 they deposed

      that when they are returning to their home after coolie

      work one Tempo was coming and behind the tempo Bus was

      coming and the Bus dashed to the Tempo and the Tempo

      dashed to them.    Further they deposed that as the Bus

      dashed to the Tempo as such Tempo dashed to them. They
                          28      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
      denied that only due to the negligence of the driver of the

      Bus this accident was took place and there is no negligence

      on the part of the driver of the tempo. They also denied

      that only the owner and insurer of the Bus are liable to pay

      compensation to them.


22.   In support their case the petitioner in M.V.C.No.81/2022

      got examined Medical Record Technician of Prolife Hospital

      as PW.6 and PW.6 has produced Authorization letter as per

      Ex.P.27, MLC register as per Ex.P.28, Police Intimation as

      per Ex.P.29 and IP Record as per Ex.P.30. In his cross­

      examination he deposed that immediately after accident

      she has not taken treatment in their hospital and he do not

      know immediately after the accident the where the

      petitioner has taken treatment.     Further he deposed his

      ignorance that initially the petitioner has taken treatment

      at Gowribidanuru Government Hospital. He denied that

      after discharge from the Gowribidanuru Government
                           29      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      Hospital the petitioner was went to her house and to help

      the petitioner he has got created Ex.P.28 to Ex.P.30 and

      produced by the court. He deposed that petitioner has taken

      further treatment at their hospital. He denied that to help

      the Petitioner he is deposing falsely.


23.   Further the Legal Officer of Insurance Company got

      examined as RW.1 and in his examination in chief he

      deposed as per contention taken by them and he got

      marked Authorization letter as per Ex.R.1 and Copy of

      Insurance Policy as per Ex.R.2. In the cross­examination

      by the counsel for the petitioner he deposed that he has not

      seen the accident and they have not conducted any

      investigation about this accident and they have issued to

      the notice to the owner of the TATA Ace vehicle bearing

      registration No.KA­25­D­0670 and the owner of the said

      vehicle not replied to the said notice and he has not

      produced the said notice and based on the police documents
                           30      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      he is deposing falsely. He denied that this accident was

      occurred due to the negligence of their insured vehicle and

      the police have filed false Charge Sheet against their

      insured vehicle and to escape from the liability of paying

      compensation to the petitioners he is deposing falsely. In

      the cross­examination by the counsel for respondent No.4

      he deposed that he do not know the owner of the offending

      vehicle has appeared before the court and paid fine. He

      denied that as per police record this accident was occurred

      due to the negligence of the driver of the TATA Ace vehicle

      and they are liable to pay compensation to the petitioners

      and in this accident the Bus bearing registration No.KA­06­

      B­4189 is not at all involved and to escape from the liability

      of paying compensation to the petitioners he is deposing

      falsely.


24.   From the oral evidence of PW.1 to PW.6 and RW.1 nothing

      worth is brought on record to show that there is no
                      31      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                         SCCH ­ 7
negligence on the part of the driver of the TATA ACE

bearing registration No.KA­25­D­0670 and driver of the

Bus bearing No.KA­06­B­4189.         Further by perusing the

entire oral and documentary evidence adduced by the both

parties it is clear that this accident is occurred due to the

negligence of the driver of the TATA ACE bearing

registration    No.KA­25­D­0670      and    also    due   to   the

negligence of the driver of the Bus bearing No.KA­06­B­

4189.   By perusing the oral and documentary evidence

adduced by the petitioners it clearly goes to shows that the

petitioners were pedestrians on the left side of Bengaluru -

Gowribidanur SH­9 Road and they were returning to their

house   after    finishing   their   Coolies       work   towards

Kallinayakanahalli        Village,     Thondebhavi         Hobli,

Gowribidanur Taluk, in front of Bayar company at that

time the driver of the Bus bearing No.KA­06­B4189 drove

the same in high speed and negligent manner and dashed
                     32      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                        SCCH ­ 7
to the TATA ACE bearing registration No.KA­25­D­0670

and the driver of the said TATA ACE was also driving the

same in high speed, rash and negligent manner and dashed

against the petitioners and due to impact they fell down

and sustained grievous injuries. Further by perusing the

Charge Sheet marked as per Ex.P.7 it is clear that the

police after conducting the investigation came to the

conclusion that this accident was occurred due to the

negligence of the driver of the Bus bearing No.KA­06­B­

4189 and also due to the negligence of the driver of TATA

ACE Goods vehicle bearing registration No.KA­25­D­0670.

Hence it is clear that the driver of the Bus and driver of the

TATA ACE are contributed their negligence equally.

Further by perusing the Wound Certificates of the

petitioners marked as per Ex.P.6, Ex.P.13, 16, 19 and 22

they clearly goes to shows that in this accident the
                               33     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                 SCCH ­ 7
      petitioners are sustained injuries. Hence I answered the

      issue No.1 in all cases in the affirmative.


25.   Issue       No.2   in    all    cases:­    The     petitioner     in

      M.V.C.No.81/2023 contended that as on the date of accident

      she was aged about 70 years and she was Agricultural and

      Coolie and earning Rs.20,000/­ p.m. Due to the injuries

      sustained in the accident she became permanently disabled.


26.   In order to prove the age of the petitioner, he relied on the

      Adhar Card marked as per Ex.P.12, wherein the date of

      birth of the petitioner is shown as 01.01.1945 and this

      accident took place on 27.10.2022. Hence, the age of

      petitioner is considered at 77 years as on the date of

      accident.


27.   So for as income of the petitioner is concern the petitioner

      contended that she was working as Agriculturist and coolie

      and earning Rs.20,000/­ p.m. In support of this contention
                           34      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      the petitioner has not produced any documents to show that

      she was earning Rs.20,000/­ p.m. Hence in the absence of

      the acceptable material with regard to the income, by

      considering the occupation, age the notional income of the

      petitioner is considered as Rs.15,500/­ p.m. and occupation

      of the petitioner is considered as agricultural and coolie.


28.   The petitioner in M.V.C.No.82/2023 contended that as on

      the date of accident he was aged about 58 years and she

      was working as Agricultural and Coolie and thereby

      earning Rs.20,000/­ p.m. Due to the injuries sustained in

      the accident she became permanently disabled.


29.   In order to prove the age of the petitioner, she relied on the

      Adhar Card marked as per Ex.P.15 wherein the date of

      birth of the petitioner is shown as 01.01.1964. Hence, the

      age of petitioner is considered at 58 years as on the date of

      accident.
                           35           M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                   SCCH ­ 7
30.   So for as income of the petitioner is concern the petitioner

      contended that he was working as Agricultural and Coolie

      and thereby earning Rs.20,000/­ p.m. In support of this

      contention the petitioner has not produced any documents

      to show that she was earning Rs.20,000/­ p.m. Hence in the

      absence of the acceptable material with regard to the

      income, by considering the occupation, age the notional

      income of the petitioner is considered as Rs.15,500/­ p.m.

      and   occupation   of      the    petitioner    is   considered     as

      agricultural and coolie.


31.   The petitioner in M.V.C.No.83/2023 contended that as on

      the date of accident she was aged about 43 years and she

      was working as agricultural and coolie and thereby earning

      Rs.20,000/­ p.m. Due to the injuries sustained in the

      accident she became permanently disabled.


32.   In order to prove the age of the petitioner, she relied on the

      Adhar Card marked as per Ex.P.18 wherein the date of
                           36           M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                   SCCH ­ 7
      birth of the petitioner is shown as 01.01.1979. Hence, the

      age of petitioner is considered at 43 years as on the date of

      accident.


33.   So for as income of the petitioner is concern the petitioner

      contended that he was working as Agricultural and Coolie

      and thereby earning Rs.20,000/­ p.m. In support of this

      contention the petitioner has not produced any documents

      to show that she was earning Rs.20,000/­ p.m. Hence in the

      absence of the acceptable material with regard to the

      income, by considering the occupation, age the notional

      income of the petitioner is considered as Rs.15,500/­ p.m.

      and   occupation   of      the    petitioner    is   considered     as

      agricultural and coolie.


34.   The petitioner in M.V.C.No.84/2023 contended that as on

      the date of accident she was aged about 42 years and she

      was working as agricultural and coolie and thereby earning
                           37           M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                   SCCH ­ 7
      Rs.20,000/­ p.m. Due to the injuries sustained in the

      accident she became permanently disabled.


35.   In order to prove the age of the petitioner, she relied on the

      Adhar Card marked as per Ex.P.21 wherein the date of

      birth of the petitioner is shown as 01.01.1980. Hence, the

      age of petitioner is considered at 42 years as on the date of

      accident.


36.   So for as income of the petitioner is concern the petitioner

      contended that he was working as Agricultural and Coolie

      and thereby earning Rs.20,000/­ p.m. In support of this

      contention the petitioner has not produced any documents

      to show that she was earning Rs.20,000/­ p.m. Hence in the

      absence of the acceptable material with regard to the

      income, by considering the occupation, age the notional

      income of the petitioner is considered as Rs.15,500/­ p.m.

      and   occupation   of      the    petitioner    is   considered     as

      agricultural and coolie.
                           38      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
37.   The petitioner in M.V.C.No.85/2023 contended that as on

      the date of accident she was aged about 34 years and she

      was working as agricultural and coolie and thereby earning

      Rs.20,000/­ p.m. Due to the injuries sustained in the

      accident she became permanently disabled.


38.   In order to prove the age of the petitioner, she relied on the

      Adhar Card marked as per Ex.P.26 wherein the date of

      birth of the petitioner is shown as 01.01.1988. Hence, the

      age of petitioner is considered at 34 years as on the date of

      accident.


39.   So for as income of the petitioner is concern the petitioner

      contended that he was working as Agricultural and Coolie

      and thereby earning Rs.20,000/­ p.m. In support of this

      contention the petitioner has not produced any documents

      to show that she was earning Rs.20,000/­ p.m. Hence in the

      absence of the acceptable material with regard to the

      income, by considering the occupation, age the notional
                                 39         M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                       SCCH ­ 7
      income of the petitioner is considered as Rs.15,500/­ p.m.

      and     occupation    of       the    petitioner    is   considered     as

      agricultural and coolie. Hence, I answered the Issue

      No.2 in all cases partly in the affirmative.


40.   Issue     No.3       in        all    cases:     The     petitioner     in

      M.V.C.No.81/2023 contended that in the accident she has

      sustained head injury, sub archnold hemorrhage, Acute

      Gastrits and other injuries and due to these injuries she is

      not in a position to do any work and she became

      permanently disabled. By perusing the wound certificate

      marked as per Ex.P.6 it goes to show that in the accident

      the petitioner has sustained               head injury, sub archnold

      hemorrhage, Acute Gastrits.               But the petitioner has not

      produced any acceptable evidence to show that due to the

      injuries sustained in the accident she has became

      permanently disabled. Without their being any evidence

      with regard to the disability of the petitioner the contention
                           40      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      of the petitioner is not acceptable one. Under such

      circumstances the question of granting compensation under

      the head of loss of future earnings does not arise at all. No

      doubt the petitioner was sustained          head injury, sub

      archnold hemorrhage, Acute Gastrits and due to the

      injuries sustained in the accident she has admitted in the

      hospital.   Hence the    petitioner is     entitle   for   global

      compensation of Rs.50,000/­.     Further the petitioner has

      produced Hospital and Medical Bills as per Ex.P.9 for an

      amount of Rs.1,01,020/­. Hence the Petitioner is entitled for

      compensation of Rs.1,01,020/­ under the hospital and

      medical expenses. In all the petitioner in M.V.C.No.81/2023

      is entitled for just and reasonable compensation of

      Rs.1,51,020/­.


41.   The petitioner in M.V.C.No.82/2023 contended that in the

      accident she has sustained fracture left clavicle outer 1/3 rd

      and other injuries and due to these injuries she is not in a
                      41      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                         SCCH ­ 7
position to do any work and she became permanently

disabled. By perusing the wound certificate marked as per

Ex.P.13 it goes to show that in the accident the petitioner

has sustained abrasion over right elbow, tenderness over

left shoulder and fracture of left clavicle outer 1/3 rd. But the

petitioner has not produced any acceptable evidence to

show that due to the injuries sustained in the accident she

has became permanently disabled. Without their being any

evidence with regard to the disability of the petitioner the

contention of the petitioner is not acceptable one. Under

such circumstances the question of granting compensation

under the head of loss of future earnings does not arise at

all. No doubt the petitioner was sustained abrasion over

right elbow, tenderness over left shoulder and fracture of

left clavicle outer 1/3rd and due to the injuries sustained in

the accident she has admitted in the hospital. Hence the
                            42     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                              SCCH ­ 7
      petitioner   in   M.V.C.No.82/2023    is   entitle   for   global

      compensation of Rs.75,000/­.


42.   The petitioner in M.V.C.No.83/2023 contended that in the

      accident she has sustained multiple injuries over right

      elbow, shoulder and injuries to other parts of the body and

      due to these injuries she is not in a position to do any work

      and she became permanently disabled. By perusing the

      wound certificate marked as per Ex.P.16 it goes to show

      that in the accident the petitioner has sustained tenderness

      in right elbow and shoulder. But the petitioner has not

      produced any acceptable evidence to show that due to the

      injuries sustained in the accident she has became

      permanently disabled. Without their being any evidence

      with regard to the disability of the petitioner the contention

      of the petitioner is not acceptable one. Under such

      circumstances the question of granting compensation under

      the head of loss of future earnings does not arise at all. No
                            43    M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
      doubt the petitioner was sustained tenderness in right

      elbow and shoulder and due to the injuries sustained in the

      accident she has admitted in the hospital. Hence the

      petitioner   in   M.V.C.No.83/2023   is   entitle   for   global

      compensation of Rs.50,000/­.


43.   The petitioner in M.V.C.No.84/2023 contended that in the

      accident she has sustained multiple injuries over upper lip,

      left palm, right forearm and injuries to other parts of the

      body and due to these injuries she is not in a position to do

      any work and she became permanently disabled. By

      perusing the wound certificate marked as per Ex.P.19 it

      goes to show that in the accident the petitioner has

      sustained swelling of upper lip, abrasion 1 x 1 cm upper lip,

      abrasion over left palm and cut lacerated wound 1 x 1 cm

      over right forearm. But the petitioner has not produced any

      acceptable evidence to show that due to the injuries

      sustained in the accident she has became permanently
                           44     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
      disabled. Without their being any evidence with regard to

      the disability of the petitioner the contention of the

      petitioner is not acceptable one. Under such circumstances

      the question of granting compensation under the head of

      loss of future earnings does not arise at all. No doubt the

      petitioner was sustained swelling of upper lip, abrasion 1 x

      1 cm upper lip, abrasion over left palm and cut lacerated

      wound 1 x 1 cm over right forearm and due to the injuries

      sustained in the accident she has admitted in the hospital.

      Hence the petitioner in M.V.C.No.84/2023 is entitle for

      global compensation of Rs.50,000/­.


44.   The petitioner in M.V.C.No.85/2023 contended that in the

      accident she has sustained multiple injuries over right

      ankle and other injuries and due to these injuries she is not

      in a position to do any work and she became permanently

      disabled. By perusing the wound certificate marked as per

      Ex.P.22 it goes to show that in the accident the petitioner
                     45       M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                         SCCH ­ 7
has sustained tenderness and swelling over right ankle.

But the petitioner has not produced any acceptable

evidence to show that due to the injuries sustained in the

accident she has became permanently disabled. Without

their being any evidence with regard to the disability of the

petitioner the contention of the petitioner is not acceptable

one. Under such circumstances the question of granting

compensation under the head of loss of future earnings does

not arise at all. No doubt the petitioner was sustained

tenderness and swelling over right ankle and due to the

injuries sustained in the accident she has admitted in the

hospital.   Hence the petitioner is entitle for global

compensation of Rs.50,000/­. Further the petitioner has

produced Hospital and Medical Bills as per Ex.P.25 for an

amount of Rs.600/­.      Hence the petitioner is entitled for

compensation of Rs.600/­ under the hospital and medical

expenses. In all the petitioner in M.V.C.No.85/2023 is
                               46     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                                 SCCH ­ 7
      entitled   for   just    and    reasonable      compensation      of

      Rs.50,600/­.


45.   While answering the issue No.1 in all the cases this

      tribunal comes to the conclusion that, accident occurred due

      to the rash and negligent driving of the driver of the Bus

      bearing No.KA­06­B­4189 and also due to the negligence of

      the driver of the Tata Ace Goods vehicle bearing

      registration No.KA­25­D­0670. The respondent No.1 is the

      insurer and the respondent No.2 is the policy holder and

      respondent No.3 is the owner of the said TATA ACE Goods

      vehicle. The respondent No.1 has admitted that as on the

      date of the accident the TATA ACE Goods vehicle bearing

      registration No.KA­25­D­0670 was insured by them and as

      on the date of the accident the policy was in force, but the

      owner of the TATA ACE was not having valid permit hence

      it is violation of terms and conditions of the policy as such

      they are not liable to pay compensation to the petitioner. In
                          47      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
      this regard the respondent No.1 has not produced any

      acceptable evidence, without there being any evidence the

      contention of the respondent No.1 is not acceptable one.

      As on the date of the accident the policy issued to the TATA

      ACE Goods vehicle bearing registration No.KA­25­D­0670

      was in force as such the respondent No.1 being the insurer,

      respondent No.2 is the policy holder and the respondent

      No.3 being the owner of the TATA ACE Goods vehicle

      bearing registration No.KA­25­D­0670 are jointly and

      severally liable to pay 50% compensation to the petitioners

      along with interest at the rate of 6% p.a., from the date of

      petition.


46.   As this accident was occurred also due to the negligence of

      the driver of the Bus bearing No.KA­06­B4189. The

      respondent No.4 the insurer and respondent No.5 is the

      owner of the said Bus. The respondent No.4 admitted that

      as on the date of the accident the policy issued to the said
                          48      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                             SCCH ­ 7
     Bus was in force, but their liability is subject to the terms

     and conditions of the policy. Further the respondent No.4

     has not lead any oral or documentary evidence to show that

     as on the date of the accident the respondent No.5 has

     violated the terms and conditions of the policy. Hence it is

     clear that as on the date of the accident the policy issued to

     the Bus bearing No.KA­06­B­41879 as in force and there is

     no violation of the terms and conditions of the policy by the

     respondent No.5. As such the respondent No.4 being the

     insurer, respondent No.5 being the owner of the Bus

     bearing registration No.KA­06­B­4189 are jointly and

     severally liable to pay 50% compensation to the petitioners

     along with interest at the rate of 6% p.a., from the date of

     petition. Hence I answered the Issue No.3 in all cases

     partly in the Affirmative.


47. Issue No.4 in both cases :­ For the aboves stated reasons, I

    proceed to pass the following;
                   49        M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                        SCCH ­ 7
                       :ORDER:

Claim petitions filed by the petitioners U/Sec 166 of M.V. Act are partly allowed with costs of Rs.1,000/­ each.

Petitioner in M.V.C.No.81/2023 is awarded just and reasonable compensation of Rs.1,51,020/­ (Rupees One Lakh Fifty One Thousand Twenty Only) with interest at the rate of 6% p.a. from the date of petition to till the date of depositing of the compensation amount in the court.

Petitioner in M.V.C.No.82/2023 is awarded just and reasonable compensation of Rs.50,000/­ (Rupees Fifty Thousand Only) with interest at the rate of 6% p.a. from the date of petition to till the date of depositing of the compensation amount in the court.

Petitioner in M.V.C.No.83/2023 is awarded just and reasonable compensation of Rs.50,000/­ (Rupees Fifty Thousand Only) with interest at the rate of 6% p.a. from the date of 50 M.V.C.Nos.81, 82, 83, 84 & 85 of 2023. SCCH ­ 7 petition to till the date of depositing of the compensation amount in the court.

Petitioner in M.V.C.No.84/2023 is awarded just and reasonable compensation of Rs.50,000/­ (Rupees Fifty Thousand Only) with interest at the rate of 6% p.a. from the date of petition to till the date of depositing of the compensation amount in the court.

Petitioner in M.V.C.No.85/2023 is awarded just and reasonable compensation of Rs.50,600/­ (Rupees Fifty Thousand Six Hundred Only) with interest at the rate of 6% p.a. from the date of petition to till the date of depositing of the compensation amount in the court.

Respondent No.1 being insurer of Tata Ace Good vehicle bearing registration No.KA­ 25­D­0670 is directed to deposit the awarded 50% of the compensation amount along with interest at the rate of 6% p.a in the court within 02 month from the date of this judgment.

Respondent No.4 being insurer of Bus bearing registration No.KA­06­B­4189 is 51 M.V.C.Nos.81, 82, 83, 84 & 85 of 2023. SCCH ­ 7 directed to deposit the awarded 50% of the compensation amount along with interest at the rate of 6% p.a in the court within 02 month from the date of this judgment. Draw award accordingly.

:APPORTIONMENT:

In M.V.C.No.81/2023 on deposit of compensation amount entire amount is to be released in favour of the petitioner under E­ payment and after verifying the stay order from the Hon'ble Appellate Court.
In M.V.C.No.82/2023 on deposit of compensation amount entire amount is to be released in favour of the petitioner under E­ payment and after verifying the stay order from the Hon'ble Appellate Court.
In M.V.C.No.83/2023 on deposit of compensation amount entire amount is to be released in favour of the petitioner under E­ payment and after verifying the stay order from the Hon'ble Appellate Court.
52 M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
SCCH ­ 7 In M.V.C.No.84/2023 on deposit of compensation amount entire amount is to be released in favour of the petitioner under E­ payment and after verifying the stay order from the Hon'ble Appellate Court.
In M.V.C.No.85/2023 on deposit of compensation amount entire amount is to be released in favour of the petitioner under E­ payment and after verifying the stay order from the Hon'ble Appellate Court.
Since common judgment is passed in these cases original shall be kept in M.V.C.No.81/2023 and copy of the same shall be kept in another clubbed case. (Dictated to the Stenographer, typed by him, corrected and then, pronounced by me in the open Court on this, the 03.02.2024).
(Umesh S.Atnure) IX ASCJ & ACMM, Court of Small causes, Member­ MACT, Bengaluru.
53 M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
SCCH ­ 7 : ANNEXURE :
List of exhibited documents marked for petitioners in both the cases.
PW.1         :    Lakshmamma
PW.2         :    Nagamani
PW.3         :    Jayamma
PW.4         :    Shashikala
PW.5         :    Kalavathi
PW.6         :    T.G. Raghavendra
List of exhibited documents marked for Petitioner/s in both the cases.
Ex.P.1       :    FIR
Ex.P.2       :    Complaint
Ex.P.3       :    Spot Mahazar
Ex.P.4       :    Spot Sketch
Ex.P.5       :    IMV Report
Ex.P.6       :    Wound Certificate
Ex.P.7       :    Charge Sheet
Ex.P.8       :    Discharge summary
Ex.P.9       :    Hospital and Medicine Bills
Ex.P.10      :    Prescription
Ex.P.11      :    X­ray
                      54      M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                         SCCH ­ 7
Ex.P.12      :    Aadhaar Card
Ex.P.13      :    Wound Certificate
Ex.P.14      :    X­ray
Ex.P.15      :    Aadhaar Card
Ex.P.16      :    Wound Certificate
Ex.P.17      :    X­ray
Ex.P.18      :    Aadhaar Card
Ex.P.19      :    Wound Certificate
Ex.P.20      :    X­ray
Ex.P.21      :    Aadhaar Card
Ex.P.22      :    Wound Certificate
Ex.P.23      :    X­ray
Ex.P.24      :    Prescription
Ex.P.25      :    Hospital bills
Ex.P.26      :    Aadhaar Card
Ex.P.27      :    Authorization
Ex.P28       :    MLC register extract
Ex.P.29      :    Police Intimation
Ex.P.30      :    I.P. Record
List of witnesses examined for the Respondent/s in both the cases:
RW­1           :    Anagha Prasad
                      55     M.V.C.Nos.81, 82, 83, 84 & 85 of 2023.
                                                        SCCH ­ 7


List of exhibited documents marked for the Respondent/s in both the cases:

Ex.R­1       :    Authorization letter
Ex.R­2       :    Policy Copy


                             (Umesh S.Atnure)
                             IX ASCJ & ACMM,
                            Court of Small causes,
Member­ MACT, Bengaluru.
Digitally signed by UMESH S
                              UMESH          ATNURE
                              S              Date:
                                             2024.02.08
                              ATNURE         15:13:54
                                             +0530