Bangalore District Court
Yashodhamma vs Richard D Souza on 14 June, 2024
KABC020041092023
IN THE COURT OF XIII ADDL. SMALL CAUSES AND ACMM
AND ADDL. MACT., BENGALURU, (SCCH-15)
PRESENT: Smt. KUMARI SUJATHA.
B.Com., LL.B.,
XIII Addl. Small Causes Judge,
ACMM, Court of Small Causes
& Member,MACT15, Bengaluru.
MVC No.815/2023
Dated this the 14th day of June, 2024
Petitioner: Smt. Yashodhamma,
W/o Jayaramaiah,
Aged about 43 years,
R/at No.3rd Block, I D Halli Gra Pam,
I.D. Halli Hobli, Madhugiri Taluk,
Itakadibbanahalli Yelkur,
Tumkur, Karnataka - 572 124.
(By Sri. K.N. Channappa, Adv.)
Versus
Respondents : 1) Richard D Souza,
S/o Sal Vodar D Souza,
R/at No.44, 6th Cross, Jai Maruthi Nagar,
Nandhini Layout,
Bengaluru - 560 096.
SCCH 15 2 MVC No.815/2023
(owner of motorcycle bearing No.KA04JD0661)
(Exparte)
2) Oriental Insurance Co. Ltd.,
1001/56, Jayalakshmi Mansion,
2nd floor, Dr. Rajkumar Road,
Rajajinagar, Bengaluru - 560 010.
(Policy No.421500/31/2022/2285
valid from 27.02.2022 to 26.02.2023)
(By S.Seetha Lakshmi, Adv.)
*****
:J U D G M E N T:
This Claim Petition is filed by the Petitioner against the Respondents under Section 166 of the Motor Vehicles Act seeking Compensation of ₹30,00,000/ for the injuries sustained in a Road Traffic accident.
2. The substance of averments made in the Petition is as under:
That on 24.01.2023 between 7.30 to 7.40 p.m, when the Petitioner was waiting for crossing the road from Nandini SCCH 15 3 MVC No.815/2023 layout outer ring road, near Domino's Pizza, Chowdeshwari Nagar, at the time, one motorcycle bearing Reg.No.KA04JD 0661 ridden by its rider came in a rash and negligent manner with high speed and dashed against the Petitioner. As a result, the Petitioner was fell down along with motorcycle and sustained grievous injuries to all over the body.
3. Immediately after the accident, the Petitioner was taken to Kanva Sri Sai Hospital, Bengaluru, wherein the Petitioner took treatment as an inpatient. She had spent Rs.3,00,000/ amount towards medical, conveyance, nourishment and other incidental charges etc.,
4. Prior to the date of accident, the Petitioner was hale and healthy and she was working at Modicare Company and was earning Rs.40,000/ per month. The said accident has occurred due to the rash and negligent riding of the offending motorcycle bearing Reg.No.KA04JD0661 by its rider. The Respondent No.1 is the owner of the offending vehicle and the Respondent No.2 is the insurer of the offending vehicle.
SCCH 15 4 MVC No.815/2023 Therefore, the Respondent No.1 and 2 are jointly and severally liable to pay compensation to the Petitioner. Hence, this Petition.
5. In pursuance of service of Notice to the Respondents, the Respondent No.1 remained absent and he was placed exparte. The Respondent No.2 had appeared before the Court through its Counsel and filed its Objection statement to the main Petition.
The Respondent No.2 in its Objection Statement denied the age, avocation and income of the Petitioner and the accident caused by the rash and negligent riding of the rider of the offending vehicle and also the injuries sustained by the Petitioner and the expenses incurred for the treatment. Further it contended that, the rider of the offending vehicle was not having valid and effective driving license. The owner of the offending vehicle did not possess valid documents like RC, Tax paid receipt at the time of accident. Therefore, it is not SCCH 15 5 MVC No.815/2023 liable to pay the compensation to the Petitioner. On these grounds it has prayed to dismiss the Petition against it.
6. On the rival Pleadings, this Tribunal has framed the following Issues:
ISSUES
1. Whether the Petitioner proves that, she had sustained grievous injuries in the Road Traffic Accident that occurred on 24.01.2023 at about 7.30 p.m. near Dominos Pizza, Outer Ring Road, Nandini Layout, Bengaluru, due to the rash and negligent riding of the Motorcycle bearing Reg.No.KA04JD0661 by its rider?
2. Whether the Petitioner is entitled for the compensation as prayed for? If yes, what is the quantum and who is liable to pay?
3. What Order or Award?
7. In order to prove the case of the Petitioner, the Petitioner got examined herself as P.W.1 and got marked 14 SCCH 15 6 MVC No.815/2023 documents at Ex.P.1 to Ex.P14. Further, she examined two witnesses as PW.2 and 3 and got marked 6 documents at Ex.15 to 20 and closed her side evidence. On the other hand, Respondent No.2 did not choose to lead any evidence.
8. Having heard the arguments and upon perusal of the depositions, documents exhibited and materials available on record, my answer to the above Issues are as under:
Issue No.1 : In the Affirmative. Issue No.2 : Partly in the Affirmative Issue No.3 : As per the Final Order, for the following :
REASONS
9. Issue No.1 : It is the case of the Petitioner that, she had sustained grievous injuries in the Road Traffic Accident that occurred due to the rash and negligent riding of the offending motorcycle bearing Reg.No.KA04JD0661 by its rider.
SCCH 15 7 MVC No.815/2023
10. On the other hand, the Respondent No.2 has denied the accident occurred by the rash and negligent riding of the offending motorcycle bearing Reg.No.KA04JD0661 by its rider.
11. In order to prove the case of the Petitioner, the Petitioner got examined herself as P.W.1 and got marked 14 documents at Ex.P1 to Ex.P14 and she has reiterated the Petition averments in her Chiefaffidavit. Ex.P1 to Ex.P14 are the True copies of FIR, Complaint, Spot mahazar with Sketch, Police Notice with Reply, IMV report, Wound Certificate, Charge sheet, Statement, Aadhaar card, Discharge summary, Medical bills, Prescriptions and Xrays.
12. Upon going through the documents exhibited, Ex.P 1 & 2 are the True copies of the FIR & Complaint which shows that on the Complaint lodged by the Petitioner herself, the Rajajinagar Traffic Police have registered the case against the rider of the offending motorcycle bearing Reg.No.KA04JD SCCH 15 8 MVC No.815/2023 0661 for the offences punishable under Sec. 279 and 337 of IPC. Ex.P.3 is the true copy of Spot Mahazar with Sketch which shows that the concerned police had drawn mahazar at the spot in the presence of panchas. Ex.P4 and 5 are the Police Notice with Reply. Ex.P.6 is the IMV report which shows that the said accident does not occurred due to any mechanical defects of the vehicle. Ex.P.7 is the Wound certificate of the Petitioner which shows the following injuries:
1) Fracture of left tibia
2) Swelling over right eye
13. As per the opinion of the Doctor, injury No.1 is grievous and injury No.2 is simple in nature. Ex.P.8 is the True copy of the Charge sheet which has been submitted by the Sub Inspector of Police, Rajajinagar Traffic Police Station against the rider of the offending motorcycle bearing Reg.No.KA04JD0661 for the offences punishable under Section 279 and 338 of IPC.
SCCH 15 9 MVC No.815/2023
14. Ex.P.9 to 14 are the Statement of the eyewitnesses, Aadhaar card of the Petitioner, Discharge summary, Medical bills, Prescriptions and Xrays.. Further, the Petitioner has examined Doctor by name Dr. Nagaraj B.N. as P.W.3 and got marked 2 documents at Ex.P.19 and 20.
15. PW.1 is subjected for cross examination by the learned counsel for the Respondent No.2. But, nothing could be elicited to disbelieve the testimony of PW.1. Further, the Respondent No.2 did not choose to lead any oral or documentary evidence to substantiate its Objection Statement contentions. Hence, the Respondent No.2 has failed to substantiate its Objection Statement contentions. Having regard to the facts and circumstances of the case, this Tribunal is of the opinion that the Petitioner has proved the rash and negligent riding of the offending motorcycle bearing Reg.No.KA04JD0661 by its rider and due to the said SCCH 15 10 MVC No.815/2023 accident, the Petitioner had sustained grievous injuries. Accordingly, I answer Issue No.1 in the 'Affirmative'.
16. Issue No.2: As the Petitioner has proved that the accident has occurred due to the rash and negligent riding of the offending motorcycle by its rider, the Petitioner is entitled for compensation.
17. In the Petition, the Petitioner has shown his age as 43 years. The Petitioner has produced the Aadhaar card at Ex.P10, which shows her birth year as 1980. The accident has taken place on 24.01.2023. Hence, at the time of accident, the Petitioner was aged about 43 years.
18. Further, the Petitioner has averred that, she was working in Modicare company and was earning Rs.40,000/ per month. But, she has not produced any document in this regard. Therefore, in the absence of income proof, the notional income to be taken at Rs.16,000/ per month for the purpose of assessment of compensation.
SCCH 15 11 MVC No.815/2023
19. With this background, the quantum of compensation to which the Petitioner is entitled may be adjudicated. For the sake of convenience, discussion may be had under following heads:
I. COMPENSATION TOWARDS PAIN, SHOCK AND SUFFERING :
20. The Wound Certificate i.e., Ex.P7 issued by the Medical Officer of the Kanva Sri Sai hospital, Bengaluru shows that in the said accident the Petitioner has sustained following injuries i.e.,
1) Fracture of left tibia
2) Swelling over right eye As per the opinion of the Doctor, injury No.1 is grievous and injury No.2 is simple in nature.
21. Having regard to the nature of injuries sustained by the Petitioner, I am of the opinion that, awarding SCCH 15 12 MVC No.815/2023 compensation of ₹40,000/ under this head would be just and reasonable.
II. COMPENSATION TOWARDS LOSS OF AMENITIES :
22. Bearing in mind the nature of the injuries sustained by the Petitioner, I am of the opinion that awarding compensation of ₹25,000/ under this head would be just and reasonable.
III. COMPENSATION TOWARDS LOSS OF INCOME DURING THE LAID-UP PERIOD:
23. The Petitioner deposed in her evidence that she had taken treatment at Kanva Shri Sai hospital, Bengaluru. Upon going through Ex.P.11 Discharge summary shows that the Petitioner was admitted as an inpatient in the said hospital from 24.01.2023 to 28.01.2023. Therefore, while calculating the total period of which the Petitioner was admitted as an inpatient, it comes to 05 days.
SCCH 15 13 MVC No.815/2023
24. Having regard to the nature of injuries sustained by the Petitioner, I am of the opinion that the laid up period may be considered as two months. Hence, the Petitioner is entitled for compensation of ₹32,000/ under this head (@ ₹16,000/ per month ).
IV. COMPENSATION TOWARDS ATTENDANT'S CHARGES, EXTRA DIET & NOURISHMENT AND CONVEYANCE :
25. Admittedly, the Petitioner has sustained injuries and during the laid up period, the Petitioner might have engaged an attendant and also she might have spent some amount towards extra diet and nourishment and for her conveyance. In the facts and circumstances of the case, awarding compensation of ₹6,000/ (@ ₹100/ per day) towards attendants charges, ₹6,000/ towards extra diet and nourishment and ₹6,000/ towards conveyance would be just SCCH 15 14 MVC No.815/2023 and reasonable. In all, the Petitioner is entitled for compensation of ₹18,000/ under this head.
V.COMPENSATION TOWARDS MEDICAL EXPENCES :
26. The petitioner has stated in her evidence that, she had spent Rs.3,00,000/ towards medical and other incidental charges. In order to prove this fact, she has produced medical bills at Ex.P.12. I have gone through the medical bills and the acceptable medical bills comes at Rs.1,46,300/. Hence, I am of the opinion that the Petitioner is entitled for ₹1,46,300/ under this head.
VI. COMPENSATION TOWARDS LOSS OF FUTURE EARNINGS / COMPENSATION TOWARDS PERMANENT DISABILITY:
27. The petitioner has stated that due to the injuries sustained by her in the accident, she has suffered permanent disablement and she is not able to do her work as she used to SCCH 15 15 MVC No.815/2023 do earlier. Even in her evidence, P.W.1 has deposed to that effect.
28. Further, the Petitioner got examined one witness by name Dr. Nagaraj B.N. as P.W.3 who has deposed regarding the injuries sustained by the Petitioner in a Road Traffic Accident and the treatment taken by her. Further, he assessed the whole body disability of the Petitioner at 14%. PW.3 got marked Clinical report and Xray at Ex.P19 and 20. In the crossexamination, PW.3 has admitted that the fracture of the Petitioner is united. Having regard to the medical records placed on record, the evidence of P.W.3 and the nature of the injuries sustained by the Petitioner, I am of the opinion that considering the disability of the Petitioner with respect to the whole body at 8% would be just and proper.
29. As per Sarla Verma's Case (2009 ACJ 1298 SC), the multiplier applicable to the Petitioner is 14. With multiplier of 14, income of ₹16,000/ per month and disability of the SCCH 15 16 MVC No.815/2023 Petitioner with respect to her whole body at 8%, the loss of future income comes to ₹2,15,040/ (₹16,000/ x 12 = 1,92,000/, ₹1,92,000/x 14 x 8/100 = 2,15,040/). Hence, the Petitioner is entitled for compensation of ₹2,15,040/ under this head.
TOTAL COMPENSATION TO WHICH THE PETITIONER IS ENTITLED:
30. To sum up, the Petitioner is entitled for compensation under the following heads :
1. Pain, shock & Suffering ₹ 40,000 /
2. Loss of amenities ₹ 25,000/
3. Loss of income during the laid up ₹ 32,000/ period
4. Attendant's charges, Extra diet, ₹ 18,000/ and conveyance
5. Medical expenses ₹1,46,300/
6. Loss of Future Income ₹2,15,040/ Total Rs.4,76,340/ SCCH 15 17 MVC No.815/2023
31. Thus, totally the Petitioner is awarded compensation of Rs.4,76,340/ with costs and simple interest at 6% p.a. from the date of this petition till the date of realization.
32. Regarding Liability: This Court has arrived at the conclusion that the accident has been occurred by the rash and negligent riding on the part of the rider of the Offending motorcycle bearing Reg.No.KA04JD0661. There is no dispute about the validity of the Policy at the time of the accident. In this case, the Respondent No.1 is the owner and Respondent No.2 is the insurer of the offending vehicle. Therefore, the Respondent No.1 and 2 are jointly and severally liable to satisfy the award amount. The Respondent No.2, who is liable to indemnify the Respondent No.1, has to pay the compensation amount to the Petitioner. Accordingly, I answer Issue No.2 is in the "Partly in the Affirmative".
33. Issue No.3: In view of my findings on Issues No. 1 and 2, I proceed to pass the following:
SCCH 15 18 MVC No.815/2023
ORDER
The Claim Petition filed by the
Petitioner against the Respondents U/S 166 of M.V. Act is hereby allowed in part with costs.
The Petitioner is entitled for Compensation of Rs.4,76,340/ along with interest at the rate of 6% per annum from the date of the Petition till the date of deposit of Award amount.
The Respondent No.1 and 2 are jointly and severally liable to pay the compensation amount to the Petitioner.
The Respondent No.2 being the insurer, is directed to deposit the Award amount and interest within 60 days from the date of the Award.
Out of the compensation amount awarded to the Petitioner, 75% of the award amount with accrued interest shall be SCCH 15 19 MVC No.815/2023 released to the Petitioner by way of E payment and after proper identification. The remaining 25% award amount shall be deposited as F.D. in the name of the Petitioner in any Nationalized or Schedule bank for a period of three years.
The Advocate fee is fixed at ₹1,000/.
Draw Award accordingly.
(Dictated to the stenographer directly on the computer, print out taken by her, corrected, signed and then pronounced by me in the open Court on this the 14th day of June, 2024) (Smt. Kumari Sujatha.) XIII Addl. Small Causes Judge, ACMM,Court of Small Causes & Member, MACT15, Bengaluru.
Annexure Witnesses examined on behalf of the Petitioner :
P.W.1 : Smt. Yashodhamma P.W.2 : Smt. Vinodha P.W.2 : Dr. Nagaraj B.N. SCCH 15 20 MVC No.815/2023
Documents marked as Exhibits for the Petitioner :
Ex.P1 : FIR Ex.P2 : Complaint Ex.P3 : Spot mahazar with Sketch Ex.P4 & 5 : Police Notice with Reply Ex.P6 : IMV report Ex.P7 : Wound certificate Ex.P8 : Chargesheet Ex.P9 : Statement Ex.P10 : Aadhaar card Ex.P11 : Discharge summary Ex.P12 : Medical bills Ex.P13 : Prescriptions Ex.P14 : Xrays Ex.P15 : Authorization letter Ex.P16 : Case sheet Ex.P17 : MLC register Ex.P18 : Police intimation Ex.P19 : Clinical report Ex.P20 : Xray SCCH 15 21 MVC No.815/2023
Witnesses examined on behalf of the Respondents:
Nil Documents marked as Exhibits for the Respondents:
Nil ( Smt. Kumari Sujatha.) XIII Addl. Small Causes Judge, ACMM,Court of Small Causes & Member, MACT15, Bengaluru.Digitally signed by SUJATHA
SUJATHA MADHAVA
MADHAVA Date:
2024.06.20
15:05:48 +0530