Bangalore District Court
Kum. Shilpa. V vs The Manager on 5 February, 2020
SCCH-6 1 MVC. No.1532/2018
BEFORE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL,
BENGALURU CITY.
SCCH6
PRESENT: SHANTALA RAMESH DODWAD., B.A.,LL.B.,
IV ADDL., JUDGE & ACMM.,
COURT OF SMALL CAUSES, BENGALURU.
Dated this the 06th day of February 2020
MVC No.1532/2018
Petitioner/s : Kum. Shilpa. V
D/o Venkata Ratnam. V
Aged about 25 years,
Residing at No.12, 15th Cross,
Near J. P. Park Back side gate,
Muthyalammanagar,
Bangalore North,
Bangalore560 054.
V/S
(By pleader Sri R. Jagadeesha
Reddy)
Respondent/s 1. The Manager
M/s S. G. T Travels,
No.10, NBCC Ltd., 1st Floor,
3rd Main, Police Station Road,
H. A. Form Post,
Hebbal, Bangalore560 024.
(Owner of the Mahindra Zylo Car
bearing Reg. No. KA04AB2479)
SCCH-6 2 MVC. No.1532/2018
(By pleader Sri D. N. Dhruvakumar)
2. The Manager,
National Insurance Co. Ltd.,
Motor OD Hub,
No.144, Shubaram complex,
2nd Floor, M.G. Road,
Bangalore560 001.
(Insurer of the Mahindra Zylo
Car bearing Reg. No. KA04AB
2479)
vide policy No.
604400311710000872,
(valid from: 2442017 to 234
2018)
(By pleader Sri. G. Shekar)
JUDGMENT
This claim petition is filed by the petitioner U/Sec.166 of Motor Vehicles Act for grant of compensation for the injuries sustained by him in a road traffic accident.
2. Brief averments of the petition are as under:
On 01092017 petitioner was travelling in a car bearing No. KA04AB2473 new BEL Road at about 426 a.m., and when it took turn to north towards M. S. Ramaiah Hospital junction after SCCH-6 3 MVC. No.1532/2018 passing Sadashivanagar Traffic police station, the driver of the said car drove the car in a rash and negligent manner and dashed against the divider situate in the middle of the road, near Ayyappa Swamy Temple and on account of the said impact the petitioner was travelling in a said car sustained serious and grievous injuries on her shoulder and the said Mahindra Xylo car also badly damaged in a front portion and the petitioner was shifted to near by M. S Ramaiah Hospital and shw was given first aid treatment their in and the petitioner was shifted to K. S. Orthopeadic Foundation Malleshwaram, Bangalore and after examination of the petitioner the doctor in the said K. S. Orthopeadic Foundation referred to Columbia Asia referral hospital, Yeshwanthpura for surgery and treatment and she underwent surgery on her left shoulder displaced communitted fracture of distal half of left humerous (left harm bone) with wrist drop (neuro praxia of left radial nerve) and shw was an inpatient from 01092017 to 03092017 and surgery was performed on 02092017 for open reduction internal with a dual plating fixation, she was under Anastasia when operated and discharged on 03092017 on doctor advise to take follow up treatment and SCCH-6 4 MVC. No.1532/2018 physiotherapy with bed rest. Inspite of the said treatment, the petitioner is unable to use her left shoulder as she was using earlier to the said accident and she feel pain while she holding any articles and she can not lift weight and unable to drive any vehicle on account of the said injury, the petitioner was unable to work by going to her office from 01092017. The petitioner submits that, she is a 24 years unmarried girl and she is employed in M/s Silver Sky soft consultancy Pvt. Ltd., working in marketing department under office is situated HAL 2 nd stage, Indiranagar, Bangalore560 008 and the petitioner had a bright carrier chance, but on account of her injury to her left hand sustained in the said accident she can not travel by driving her and her routine activities and it affects her work and it also comes in the way of getting good matrimonial alliance. The said disabilities and deformity sustained in the above said accident as caused permanent disability to the petitioner. The petitioner had already paid Rs.5,00,000/ towards her treatment and she has to have the implants removal by undergoing another surgery which may cost Rs.1,00,000/. The Sadashivanagar Traffic police have registered a case in Cr. No.412/2017, after investigation the said SCCH-6 5 MVC. No.1532/2018 police have filed chargesheet against the driver of Mahindra Xylo car bearing Reg. No. KA04AB2473, punishable U/s 279 and 337 of IPC. The respondent No.1 is the RC Owner of the Mahindra Xylo car bearing Reg. No. KA04AB2479 and respondent No.2 is the insurer of the offending vehicle, are jointly and severally liable to pay compensation. Hence, the petitioner has filed this petition for a compensation of Rs.21,00,000/ with Court cost and interest.
3. In pursuance of the notice, the respondent no.1 and respondent No.2 have appeared before the Court through their counsels and filed statement of objections separately. Both of them have denied the case of the petitioner as false. The respondent no.1 has contended that, he was having valid insurance policy and driving license, herewith furnished the copies of the said documents and he further states that, he is innocent and he was arrayed in the case for no fault of his and he was falsely dragged into the case. Hence, he has sought for dismissal of the petition with cost against him.
The respondent no.2 has contended that, in the event that an award is passed in the above case, their liability to indemnify SCCH-6 6 MVC. No.1532/2018 their insured is subject to the terms and conditions of the policy and subject to the provisions of the Motor vehicle Act, 1988 and further subject to the condition that the driver of the insured vehicle involved in the alleged accident, was holding a valid and effective driving license to ride a LMV Cab, as on the date and at the time of the alleged accident. The respondent No.2 further submitted that, the petitioner ought to declare before this Hon'ble tribunal, whether she has filed any other petition before any other court, anywhere in India, claiming compensation on the same cause of action and in the event that any such petition is pending, she may be called upon to give an undertaking before this Hon'ble tribunal that she shall withdraw all such petitions and continue to prosecute only the above case. The respondent No.2 further submits that, in the event that any such other petitions filed by the petitioner in the above case, claiming for the same relief on the same cause of action, have been disposed of in his favour, before any other court/tribunal, anywhere in India and the award amount has been deposited, the petitioner may be permitted to withdraw the amount so deposited, in any one case of her choice and in such event, all other petitions filed by the SCCH-6 7 MVC. No.1532/2018 petitioner on the same cause of action, pending before any other court/tribunal anywhere in India, including the above case, shall not be maintainable any longer and shall therefore be liable to be dismissed. Hence, he has sought for dismissal of the petition with exeplary costs.
4. On the basis of above pleadings, the following issues were framed:
ISSUES
1. Whether the petitioner proves that she has sustained grievous injuries in an accident that was occurred due to rash and negligent driving of the driver of Car bearing Reg. No.KA04AB2473 on 01.09.2017 at about 04.26 a.m., near Ayyappa Temple, new BEL Road, Bangalore city?
2. Whether the petitioner is entitled for compensation as prayed for? If so, at what rate? From whom?
3. What Order or Award?
5. During the evidence, the petitioner has examined himself as PW.1, examined one Shankara. K. C, Medical recprds Technician at M. S. Ramaiah Memorial Hospital as PW.2 and examined Dr. R. Shashikanth as PW3. They have got marked SCCH-6 8 MVC. No.1532/2018 documents as Ex.P1 to 36. The respondents has not adduced any evidence.
6. Heard the arguments and perused the documents. The learned cousel for petitioner has relied upon the following decisions:
1. MFA. No. 6035/2011(MV), Karnataka High court dated: 02.08.2018.
2. 2014(3) KAR 826, Karnataka High court (Gulbarga Bench).
3. (2011) 1 Supreme court cases, page 343 (Division bench).
7. My findings on the above issues are as under: Issue No.1: In Affirmative.
Issue No.2 : In partly Affirmative, for Rs.4,76,145/ from respondent No.2.
Issue No.3 : As per final order for the following:
REASONS
8. ISSUE NO.1: The petitioner to prove the rash and negligent driving by the driver of the Mahindra Zylo car bearing Reg. No. KA04AB2479 and to prove the grevious injuries sustained by him, petitioner got examined himself as PW1 and SCCH-6 9 MVC. No.1532/2018 produced the documents such as, Ex.P1 FIR with complaint, Ex.P2 Statement recorded by police, Ex.P3 Spot mahazar, Ex.P4 Sketch, Ex.P5 IMV Report, Ex.P6 Wound Certificate, Ex.P7 Charge Sheet, Ex.P8 copy of Order sheet in CC. No.9637/17, Ex.P9 copy of examination in chief in CC. No. 9637/17, Ex.P10 Copy of Judgment in CC. No. 9637/17, Ex.P11 Treatment record, Ex.P12 OPD Card issued by M. S. Ramaiah Hospital, Ex.P13 Discharge summary of Columbia Asia Hospital, Ex.P14 Prescriptions (in total 4 numbers), Ex.P15 Medical Bills (in total 14 numbers for Rs.1,90,265/), Ex.P16 Lab reports ( in total 6 numbers), Ex.P17 Salary certificate, Ex.P18 Certificate from employer, Ex.P19 and Ex.P20 two pay slips for the months of June and July 2018, Ex.P21 to Ex.P24 pay slips for the months of Sep, Oct, Nov and December of the year 2017, Ex.P25 Notarized copy of Aadhar card (Original verified and returned), Ex.P26 Identity card (Original verified and returned), Ex.P27 Five Xrays, Ex.P28 Releaving letter, Ex.P29 and Ex.P30 two photos, Ex.P31 CD. The petitioner also examined one Shankara K. C, Medical Records Technician at M. S. Ramaiah Hospital as PW2 and he has produced the documents such as, Ex.P32 Authorization letter SCCH-6 10 MVC. No.1532/2018 and Ex.P33 MLC and Dr. R. Shashikanth got examined as PW3 and produced the documents regarding the treatment taken by the petitioner after the accident such as Ex.P34 IP Record, Ex.P35 Disability assessment report with calculation sheet and Ex.P36 Three Xrays. The petitioner has sworn before this tribunal that, on 01092017 petitioner was travelling in a car bearing No. KA 04AB2473 new BEL Road at about 426 a.m., and when it took turn to north towards M. S. Ramaiah Hospital junction after passing Sadashivanagar Traffic police station, the driver of the said car drove the car in a rash and negligent manner and dashed against the divider situate in the middle of the road, near Ayyappa Swamy Temple and on account of the said impact the petitioner was travelling in a said car sustained serious and grievous injuries on her shoulder and the said Mahindra Xylo car also badly damaged in a front portion and the petitioner was shifted to near by M. S Ramaiah Hospital and shw was given first aid treatment their in and the petitioner was shifted to K. S. Orthopeadic Foundation Malleshwaram, Bangalore and after examination of the petitioner the doctor in the said K. S. Orthopeadic Foundation referred to Columbia Asia referral SCCH-6 11 MVC. No.1532/2018 hospital, Yeshwanthpura for surgery and treatment and she underwent surgery on her left shoulder displaced communitted fracture of distal half of left humerous (left harm bone) with wrist drop (neuro praxia of left radial nerve) and shw was an inpatient from 01092017 to 03092017 and surgery was performed on 02092017 for open reduction internal with a dual plating fixation, she was under Anastasia when operated and discharged on 03092017 on doctor advise to take follow up treatment and physiotherapy with bed rest. Inspite of the said treatment, the petitioner is unable to use her left shoulder as she was using earlier to the said accident and she feel pain while she holding any articles and she can not lift weight and unable to drive any vehicle on account of the said injury, the petitioner was unable to work by going to her office from 01092017. The petitioner submits that, she is a 24 years unmarried girl and she is employed in M/s Silver Sky soft consultancy Pvt. Ltd., working in marketing department under office is situated HAL 2 nd stage, Indiranagar, Bangalore560 008 and the petitioner had a bright carrier chance, but on account of her injury to her left hand sustained in the said accident she can not travel by driving her SCCH-6 12 MVC. No.1532/2018 and her routine activities and it affects her work and it also comes in the way of getting good matrimonial alliance. The said disabilities and deformity sustained in the above said accident as caused permanent disability to the petitioner. The petitioner had already paid Rs.5,00,000/ towards her treatment and she has to have the implants removal by undergoing another surgery which may cost Rs.1,00,000/ and the accident due to rash and negligent driving by the driver of the Mahindra Xylo car bearing Reg. No. KA04AB2479.
9. Admittedly, the respondent No.1 and 2 are not adduced any rebuttal evidences. The respondent No.1 who is the owner of the Mahindra Xylo car bearing Reg. No. KA04AB2479 has stated in his written statement that, he was having valid insurance policy and driving license, and he further states that, he is innocent and he was arrayed in the case for no fault of his and he was falsely dragged into the case. The respondent No.2 who is the insurance company, cross examined the PW1 in length, stating that accident was due to her negligence (petitioner) and petitioner has produced the false documents. Except this suggestion the respondent No.2 has not adduced any evidence so SCCH-6 13 MVC. No.1532/2018 as to disbelieve the oral and documentary evidences produced by petitioner.
10. The learned advocate for insured company submitted that, there was delay in filing the complaint. So, it creats doubt in the case. No doubt PW1 has admitted there was delay of 15 days, but she has given her explanation regarding delay. She has stated that, the driver has assured her that, he will pay the amount so she was waiting for settlement. But the driver has not paid the amount so there is delay in filing the complaint. The explanation given by the complainant has to be accepted. Moreover, on the ground of delay of 15 days in filing itself one can not come to conclusion that petitioner is not entitled for the compensation.
11. PW2 Shankara K. C, deposed that, he is working as a Medical records technician at M. S. Ramaiah Memorial Hospital since 4 years. In pursuance of the summons received by his hospital issued from this Hon'ble court he has produced the documents such as, Ex.P32 Authorization letter and Ex.P33 MLC.
12. The petitioner has stated that, the accident was due to rash and negligent driving of the driver of the Mahindra Xylo car SCCH-6 14 MVC. No.1532/2018 bearing Reg. No. KA04AB2479. The police after due investigation filed charge sheet against the driver of the offending vehicle. Thereafter court has taken cognizance after completion of the trial, passed the judgment dated: 20.03.2018, which reads as follows:
ORDER Acting U/s 255 (2) of the Cr.P.C., accused is hereby convicted for the offences punishable U/s 279 and 338 of IPC.
The accused sentenced to pay fine of Rs.1,000/ (One thousand) for the offence punishable U/sec 279 of the IPC.
Further the accused sentednced to pay fine of Rs.1,000/ (one thousand) for the offence punishable U/sec. 338 of the IPC. I/D S.I. for the period of 30 days.
In total fine of Rs.2,000/ (Two
thousand).
Supply free copy of this judgment to
the accused as per law.
The bail bond of the accused stands
cancelled.
SCCH-6 15 MVC. No.1532/2018
So, the oral and documentary evidence produced by the petitioner is more than sufficient to prove that, the accident was due to rash and negligent driving by the driver of the Mahindra Xylo car bearing Reg. No. KA04AB2479.
13. After the accident the complaint was filed to the police. The sadashivanagar police has registered the case in crime No. 412/2017. After due investigation they have filed the charge sheet against the driver of the Mahindra Xylo car bearing Reg. No. KA 04AB2479 and the IMV report marked at Ex.P5 in which the investigation officer opined that, "the accident was not due to mechanical defect of the vehicle". The police documents such as, Ex.P1 FIR with complaint, Ex.P2 Statement recorded by police, Ex.P3 Spot mahazar, Ex.P4 Sketch, Ex.P5 IMV Report, Ex.P6 Wound Certificate, Ex.P7 Charge Sheet proves the case of the petitioner. If there was no rash and negligent driving by the car driver then police would not have filed the charge sheet aginst the car driver and it is not the case that there was contributory negligence. So, the oral and documentary evidences produced by the petitioner which is discussed above goes to prove that, the SCCH-6 16 MVC. No.1532/2018 accident was due to rash and negligent driving by the driver of the Mahindra Xylo car bearing Reg. No. KA04AB2479.
14. Now, coming to the injuries, the petitioner has produced the Ex.P6 Wound Certificate, Ex.P11 Treatment record, Ex.P12 OPD Card issued by M. S. Ramaiah Hospital, Ex.P13 Discharge summary of Columbia Asia Hospital, Ex.P14 Prescriptions (in total 4 numbers), Ex.P15 Medical Bills (in total 14 numbers for Rs.1,90,265/), Ex.P16 Lab reports ( in total 6 numbers), goes to shows that, he has sustained grevious injuries and there was fracture of distal half of left humerus (left arm bone) with wrist drop (neuropraxia of left radial nerue) and on 02092017 open reduction and internal fixation with dual plating was done under general Anaesthesia for displaced communited fracture of distal left Humerus (arm bone). The PW3 Dr. R. Shashikanth stated that, on examination Hyperpigment, thick scar marks present over the left arm, swelling and tenderness present over the fracture site. There is deformity and disfiguration of the left arm compared to the right. There is mild loss of muscle mass/strength as compared to the right.
SCCH-6 17 MVC. No.1532/2018
15. The learned advocate for respondent No.2 cross examined PW3 suggesting that, the petitioner has not sustained any grievous injuries, which was totally denied by the PW3. On the other hand the documents such as Wound Certificate marked at Ex.P6, Treatment records marked at Ex.P11, Discharge summary marked at Ex.P13, Lab reports marked at Ex.P16 and xrays marked at Ex.P27 goes to shows that the petitioner has sustained fracture of distal half of left humerus (left arm bone) with wrist drop (neuropraxia of left radial nerue). Moreover, the police has filed charge sheet U/s 279 and 338 of IPC, which is sufficient to come to conclusion that petitioner has sustained grievous injuries as stated by him. So, looking to these facts, this tribunal is of the opinion that, the accident is caused solely due to the negligence on the part of the driver of the offending vehicle. Hence, for the above stated reasons I answer the Issue No.1 in Affirmative.
16. ISSUE NO.2: The petitioner is examined as PW1 and produced the Ex.P6 Wound Certificate, Ex.P7 Charge Sheet, Ex.P11 Treatment record, Ex.P12 OPD Card issued by M. S. Ramaiah Hospital, Ex.P13 Discharge summary of Columbia Asia SCCH-6 18 MVC. No.1532/2018 Hospital, Ex.P14 Prescriptions (in total 4 numbers), Ex.P15 Medical Bills (in total 14 numbers for Rs.1,90,265/), Ex.P16 Lab reports ( in total 6 numbers), Ex.P17 Salary certificate, Ex.P18 Certificate from employer, Ex.P19 and Ex.P20 two pay slips for the months of June and July 2018, Ex.P21 to Ex.P24 pay slips for the months of Sep, Oct, Nov and December of the year 2017, Ex.P25 Notarized copy of Aadhar card (Original verified and returned), Ex.P26 Identity card (Original verified and returned), Ex.P27 Five Xrays, Ex.P28 Releaving letter, Ex.P29 and Ex.P30 two photos, Ex.P31 CD. On that bases the petitioner is entitled for compensation under the following heads:
17. PAIN AND SUFFERING: In the petition as well as in evidences the PW1 deposed that he took treatment in M. S. Ramaiah Hospital wherein he took first aid treatment and POP Slab applied and MLC registered and then he was shifted to K.S. Orthopeadic Foundation, after examination doctor referred him to Columbia Asia Referral hopital and he has produced the Wound certificate marked at Ex.P6 issued by Columbia Asia Hospital and he has sustained grevious injuries in the said accident and petitioner got admitted as inpatient from 01092017 to 0309 SCCH-6 19 MVC. No.1532/2018 2017 in total for 3 days. During the said period he was operated for injuries. As per the Wound Certificate marked at Ex.P6 reads as follows:
"Committed fracture of distal half of left humerus (left arm bone) with wrist drop (neuropraxia of left radial nerue)"
The doctor opined that, injuries are grevious injuries in nature. Hence, it clear that, during the above said period the petitioner suffered lot of pain and inconvenience and he will also suffered pain through out his life. Considering all these aspects this tribunal has granted Rs.40,000/ under the head of pain and suffering.
18. MEDICAL EXPENSES: The petitioner has produced the medical bills total 14 in numbers for Rs.1,90,265/ marked as Ex.P15 issued by M.S. Ramaiah Hospital, Columbia Asia Hospital and K. S. Orthopaedic foundation, which are computer generated bills. The learned advocate for respondent No.2 in his Written Statement submitted that, "The petitioner would have claimed from her employer in which she is employed. Hence, this petitioner shall not claim the medical expenses as alleged out of SCCH-6 20 MVC. No.1532/2018 this allege event. In this aspect, the learned advocate for respondent No.2 during the cross examination of PW1 has suggested to the petitioner that she has got medical reimbursement from her company. But the petitioner has denied the said suggestion and voluntarily said that there was no such procedure in her company. Even presuming for argument sake the petitioner would have received the medical reimbursement, it is the duty of the respondent No.2 to prove the same. Simply suggesting that the petitioner has received medical reimbursement will not be taken into consideration. It is only suggestion for suggestion sake. So far the argument of the respondent No.2 can not be accepted. Hence, looking into the injuries sustained and treatment taken by petitioner and looking into the medical bills for Rs.1,90,265/, the petitioner is entitled for medical expenses of Rs.1,90,265/ under the head of Medical expenses.
19. LOSS OF INCOME DURING THE LAID UP PERIOD: The petitioner has produced Ex.P13 Discharge summary issued by Columbia Asia Hospital, which shows that she took treatment as SCCH-6 21 MVC. No.1532/2018 an inpatient from 01092017 to 03092017 in total for 3 days. The petitioner also produced nill pay slips marked at Ex.P21 to Ex.P24, which shows that she has taken 4 months rest because of the said injuries. It is the further contention that, the injured petitioner was a Senior Process Associate in Silver Sky Soft consultancy Pvt. Ltd., and drawing net salary of Rs.19,220/ per month. To prove the same, she has produced salary certificate marked at Ex.P17. Hence, the income of the petitioner is considered as Rs.19,220/. Hence, 4 months is to be considered as loss of income. Hence, she is entitled for compensation of (Rs.19,220/ x 4 months) Rs.76,880/ under the head of loss of income during the laid up period.
20. LOSS OF FUTURE INCOME: The learned advocate for petitioner submitted that, petitioner has lost her job due to the accident. So, she is entitled for compensation under the head of loss of future income. But the learned advocate for respondent No.2 submitted that, petitioner has admitted during her cross examination that, after four months she is going to office. So, petitioner is not entitled of any compensation under the head of SCCH-6 22 MVC. No.1532/2018 loss of future income. There is some force in the submission made by the learned advocate for respondent No.2. Petitioner herself produced the salary slips of June2018 and July2018 marked at Ex.P19 and Ex.P20, which goes to prove that after the accident petitioner is attending her office and getting salary. The petitioner has produced the relieving letter marked at Ex.P28, but her documents salary slips of June2018 and July2018 marked at Ex.P19 and 20 goes to prove that after the accident and after relieving from the job she is doing her job and getting salary. So, the question of considering the relieving letter marked at Ex.P28 does not arise. In support of my view I relied upon the decision reported in ILR 2010 KAR 2439 between Subhas V/s The New India Assurance Co. Ltd., wherein it is held that awarding compensation towards loss os future income, resulting sin serious miscarriage of justice, wherein fact, the claimant has been continued in the services in the company as 'Sr. Processing Associate'. If the petitioner is continued in service, then the question of awarding compensation towards loss of future income does not arise.
SCCH-6 23 MVC. No.1532/2018
In the case on hand also, the petitioner has not produced any documents to show that, she has discontinued the job and she has no earning. Hence, the petitioner is not entitle for the compensation under the head of future loss.
21. DISABILITY: The petitioner has examined Dr. R. Shashikanth as PW3 , who treated the petitioner as one of the team member at Columbia Asia Refferal Hospital and he got marked IP record at Ex.P34, Disability assessment report with calculation sheet marked at Ex.P35 and three Xrays marked at Ex.P36 and deposed that, "On examination Hyperpigment, thick scar marks present over the left arm, swelling and tenderness present over the fracture site. There is deformity and disfiguration of the left arm compared to the right. There is mild loss of muscle mass/strength as compared to the right.
"On examination of the patient left arm at Elbow for mobility componenent, stability component, coordinating factors and additional factors, patient has a disability of SCCH-6 24 MVC. No.1532/2018 45% to the left upper limb and 15% to the whole body."
The petitioner was admitted in the Columbia Asia hospital as inpatient for 3 days and PW3 Dr. R. Shashikanth assessed the total disability of 15% to the whole body. The said disabilities are assessed based on "Guidelines for Neurosurgery, Setti and Rangachar, 1996, 2nd edition pages 42074213. Based on the formula, Combined disability a+b(90a/90)., the overall whole body disability is calculated at 15%.
The age of the petitioner as per the petition is 25 years. On perusal of Ex.P25 notarized copy of Aadhar card, the date of birth is shown as 05101992. By considering the injuries sustained and treatment taken by the petitioner and the disability assessed by the doctor it is just and proper to award sum of Rs.1,00,000/ under the head of disability. If it is done so, it will meet the ends of justice. Hence, the petitioner is entitled to compensation of Rs.1,00,000/ under this head.
22. FOOD, CONVEYANCE, NOURISHMENT AND ATTENDANT CHARGES : Further the petitioner has sustained grevious injuries and other minor injuries and took treatment as SCCH-6 25 MVC. No.1532/2018 inpatient for 3 days. Hence, he is entitled for compensation of Rs.40,000/ under the head of nutritious food and attendant charges.
23. LOSS OF FUTURE AMENITIES AND HAPPINESS: The learned advocate for petitioner submitted that, in view of the injuries sustained by petitioner she lost her future prospects i.e., getting promotion to higher post and getting more salary. So, petitioner is entitled for compensation under this head. On the other hand learned advocate for respondent No.2 submitted that, no documentary evidence is produced to prove that petitioner will get promotion and higher salary.
Generally an employee will get promotion and higher salary including the increments. Even though no document is produced by petitioner to prove that she will get the promotion and higher salary but it is common thing that employee will get promotion and higher salary. Due to the accident there are less chances that the petitioner may loose the promotion post and whe will be deprived of getting higher salary. For all these reasons SCCH-6 26 MVC. No.1532/2018 Rs.1,00,000/ is awarded under the head of loss of future amenities and happiness.
24. FUTURE MEDICAL EXPENSES: As per evidence of Doctor, petitioner advised to undergo another operation for removal of implants, which may cost Rs.45,000/. Considering the injuries sustained by petitioner, he is entitled for Rs.10,000/ under the head of future medical expenses.
Hence, the petitioner is entitled for total compensation under the following heads:
1. Pain and sufferings Rs.40,000/
2. Nutritious food and attendant Rs.40,000/ charges
3. Medical expenses Rs.1,09,265/
4. Loss of earnings during laid Rs.76,880/ up period
5. Loss of future amenities and Rs.1,00,000/ loss of hapiness
6. Disability Rs.1,00,000/
7. Future medical expenses Rs.10,000/ Total Rs.4,76,145/ SCCH-6 27 MVC. No.1532/2018 Hence, this Tribunal feels to award just and proper compensation of Rs.4,76,145/ to the petitioner.
25. LIABILITY: As discussed in issue No.1, the accident was occured due to rash and negligent driving of the driver of the Mahindra Xylo car bearing Reg. No. KA04AB2479 and the police has conducted due enquiry. They have filed charge sheet against the driver of the Mahindra Xylo car bearing Reg. No. KA 04AB2479. The respondent No.1 has admitted that, his car has met with accident and and he further stated that, petitioner has sustained minor injuries and he further contended that, his car was insured with Respondent No.2 insurance company and he has produced the policy copy and copy of Driving License of the car driver. At the time of accident the driving license of the car driver is valid. The respondent No.2 has not produced any rebuttal evidences. Under such circumstances respondent No.1 and 2 are jointly and severally liable to pay the compensation to the petitioner.
26. INTEREST: As far as awarding of interest on the compensation amount is concerned, I have relied decision SCCH-6 28 MVC. No.1532/2018 reported in 2018 ACJ 1300 between Mangla Ram V/s Oriental Insurance Co., Ltd., and other (in CA Nos.2499 of 2018 arising out of SLP (C) Nos. 2814142 of 2017 decided on 06 042018) wherein the Hon'ble Supreme Court with regard to interest at the rate of 9% p.a., on the compensation amount. In view of the above judgments with regard to the rate of interest and also it is settled principles of law that, while awarding interest on the compensation amount, the Court has to take into another the date of interest on the Nationalized Bank and the rate of interest at the rate of 9% p.a., cannot said to be on the higher side. Accordingly, the Petitioner is entitled to interest at the rate of 9% p.a., from the date of petition till realization. Under the circumstances, Respondent no.1 being the RC owner of the Mahindra Xylo car bearing Reg. No. KA04AB2479 and the respondent no.2 being insurer, this tribunal to direct the respondent No.1 and 2 are jointly and severally liable to pay the compensation. Accordingly, Issue point No. 2 is answered partly in the Affirmative. SCCH-6 29 MVC. No.1532/2018
27. ISSUE No. 3: In view of above discussions, I proceed to pass the following:
ORDER The petition filed by the Petitioner under Sec.166 of I.M.V Act is hereby partly allowed with costs.
The petitioner is awarded with compensation of Rs.4,76,145/ with interest @ 9% p.a., from the date of petition till its realization.
The respondents 1 and 2 are jointly and severally liable to pay compensation to the petitioner with interest. The respondent No.2 being insurer is liable to deposit the amount before Tribunal within two months from the date of this order.
After deposit, 70% shall be deposited in the name of the petitioner in any nationalized, scheduled or cooperative bank for a period of 3 years and remaining 30% balance amount with accrued interest shall be released in favour of the petitioner through account payee cheque with proper identification and verification.SCCH-6 30 MVC. No.1532/2018
The Advocate's fee is fixed at Rupees 1,000/.
Draw award accordingly.
(Dictated to the Stenographer, directly on computer and then corrected by me and pronounced in the open court, on this the 6th day of February 2020.) (Shanthala Ramesh Dodwad) IV ADDL.JUDGE & MACT, Court of Small Causes, Bangalore.SCCH-6 31 MVC. No.1532/2018
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONER: PW1 : Kum. Shilpa. V PW2 : Shankara. K. C PW3 : Dr. R. Shashikanth LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONER: Ex.P.1 FIR with complaint Ex.P.2 Statement given to police Ex.P.3 Spot Mahazar Ex.P.4 Sketch Ex.P.5 IMV report Ex.P.6 Wound Certificate Ex.P.7 Charge Sheet Ex.P.8 Notarized copy of order sheet in CC. No. 9637/17 Ex.P.9 Notarized copy of chief examination in CC. No. 9637/17 Ex.P10 Notarized copy of Judgement in CC. No. 9637/17 Ex.P.11 Treatment record Ex.P.12 OPD Card of M. S. Ramaiah Hospital Ex.P.13 Discharge summary issued by Columbia Asia Hospital Ex.P.14 Prescriptions ( in total 4 numbers) Ex.P.15 Medical Bills (in total 14 numbers for Rs.1,90,265/) Ex.P.16 Lab reports ( 6 numbers) SCCH-6 32 MVC. No.1532/2018 Ex.P.17 Salary certificate Ex.P.18 Certificate issued by employer Ex.P.19 and Two Salary slips 20 Ex.P21 to 24 Nill Salary slips ( 4 numbers) Ex.P25 Notarized copy of Aadhar card (Original verified and returned) Ex.P26 Notarized copy of Identity card (Original verified and returned) Ex.P27 Five Xrays Ex.P28 Releaving letter Ex.P29 and 30 Two photos Ex.P31 CD Ex.P32 Authorization letter Ex.P33 MLC Ex.P34 IP Record Ex.P35 Disability assessment report with calculation sheet Ex.P36 Three Xrays LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENTS: NIL.
LIST OF DOCUMENTS MARKED ON BEHALF OF THE RESPONDENTS: NIL.
IV ADDL.JUDGE & MACT, Court of Small Causes, Bengaluru.SCCH-6 33 MVC. No.1532/2018
Dt.05022020 For Judgment.
PRJR By: 06022020.
R1DND
R2JNP IV Addl. Judge & ACMM
For Judgment
Dt.06022020
PRJR
R1DND
R2JNP
For Judgment
(Order pronounced in open court vide
separate judgment.)
ORDER
The petition filed by the Petitioner under Sec.166 of I.M.V Act is hereby partly allowed with costs.
The petitioner is awarded with compensation of Rs.4,76,145/ with interest @ 9% p.a., from the date of petition till its realization.SCCH-6 34 MVC. No.1532/2018
The respondents 1 and 2 are jointly and severally liable to pay compensation to the petitioner with interest. The respondent No.2 being insurer is liable to deposit the amount before Tribunal within two months from the date of this order.
After deposit, 70% shall be deposited in the name of the petitioner in any nationalized, scheduled or cooperative bank for a period of 3 years and remaining 30% balance amount with accrued interest shall be released in favour of the petitioner through account payee cheque with proper identification and verification.
The Advocate's fee is fixed at Rupees 1,000/.
Draw award accordingly.
IV ADDL.JUDGE & MACT, Court of Small Causes, Bengaluru.SCCH-6 35 MVC. No.1532/2018
AWARD SCCH NO.6 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL METROPOLITAN AREA : BANGALORE MVC No.1532/2018 Petitioner/s : Kum. Shilpa. V D/o Venkata Ratnam. V Aged about 25 years, Residing at No.12, 15th Cross, Near J. P. Park Back side gate, Muthyalammanagar, Bangalore North, Bangalore560 054.
V/S (By pleader Sri R. Jagadeesha Reddy) Respondent/s 1. The Manager M/s S. G. T Travels, No.10, NBCC Ltd., 1st Floor, 3rd Main, Police Station Road, H. A. Form Post, Hebbal, Bangalore560 024.
(Owner of the Mahindra Zylo Car bearing Reg. No. KA04AB2479) (By pleader Sri D. N. Dhruvakumar)
2. The Manager, National Insurance Co. Ltd., SCCH-6 36 MVC. No.1532/2018 Motor OD Hub, No.144, Shubaram complex, 2nd Floor, M.G. Road, Bangalore560 001.
(Insurer of the Mahindra Zylo Car bearing Reg. No. KA04AB 2479) vide policy No. 604400311710000872, (valid from: 2442017 to 234 2018) (By pleader Sri. G. Shekar) WHEREAS, this petition filed on by the petitioner/s above named U/Sec.166 of the M.V.C. Act, praying for the compensation of Rs.....
(Rupees for the injuries sustained by the petitioner/Death of in a motor Accident by Vehicle No. WHEREAS, this claim petition coming up before Sri/Smt.Shantala Ramesh Dodwad, IV Addl.Judge, Court of Small Causes, Bangalore, in the presence of Sri/Smt. SCCH-6 37 MVC. No.1532/2018 Advocate for petitioner/s and of Sri/Smt. Advocate for respondent.
ORDER The petition filed by the Petitioner under Sec.166 of I.M.V Act is hereby partly allowed with costs.
The petitioner is awarded with compensation of Rs.4,76,145/ with interest @ 9% p.a., from the date of petition till its realization.
The respondents 1 and 2 are jointly and severally liable to pay compensation to the petitioner with interest. The respondent No.2 being insurer is liable to deposit the amount before Tribunal within two months from the date of this order.
After deposit, 70% shall be deposited in the name of the petitioner in any nationalized, scheduled or cooperative bank for a period of 3 years and remaining 30% balance amount with accrued interest shall be released in favour of the petitioner through account payee cheque with proper identification and verification.
The Advocate's fee is fixed at Rupees 1,000/. SCCH-6 38 MVC. No.1532/2018 Given under my hand and seal of the Court this the day of 2020.
MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL,BENGALURU.
By the
________________________
Petitioner/s Respondents
No.1 No.2
Court fee paid on Petition
Court fee paid on Powers
Court fee paid on I.A.
Process
Pleaders Fee
___________________________
Total Rs. ___________________________
Decree Drafted Scrutinized by
Decree Clerk SHERISTEDAR MEMBER M.A.C.T
METROPOLITAN AREA
SCCH-6 39 MVC. No.1532/2018