Bangalore District Court
Master. Yerramsetty Sai Deepak vs Samir Paul on 3 February, 2020
BEFORE THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL XV ADDL.JUDGE,
Mayo Hall Unit, Bengaluru. (SCCH19)
Dated this the 3rd day of February 2020
Present: Sri. DYAVAPPA. S.B.,
B.A., LL.B.,
XV Addl. Small Causes Judge &
XXIII A.C.M.M., Member, M.A.C.T.,
Bengaluru.
MVC No.919 / 2019
Petitioner: Master. Yerramsetty Sai Deepak,
S/o Yerramsetty Murali Mohan Rao,
Aged about 07 years,
Residing at: 17, Shiva Reddy Layout,
Nanganathpura, Rayasandra Circle,
Naganathpura, Bangalore 560 100.
(Petitioner is being a minor Represented
by his Father and Natural guardian
Yerramsetty Murali Mohan Rao,
Yerramsetty Nageshwar Rao, Aged
about 45 years)
(Pleader by Sri.T.Manjunatha)
Vs
Respondent: Samir Paul, S/o Haradhan Paul,
No.107, 2nd Floor, Maruthi Layout,
Chinnappanahalli, Marathahalli,
Bangalore 560037.
2 SCCH - 19
MVC.No.919 /2019
And also at No.7, Ashirvadha Nilaya,
Naganatha Road, Electronic City.
Bangalore 560 100.
(Owner of the M/C
No.KA03/HA7412)
(Exparte)
*****
JUDGMENT
The Guardian of the Minor Petitioner has filed this petition under Sec.166 of Motor Vehicles Act 1989 for claiming the compensation amount of Rs.10,00,000/.
2. The brief facts of the Petitioner's case are as under:
According to the Guardian of the Minor petitioner, on 09.11.2018 at about 9.30 a.m., the Petitioner was walking carefully and cautiously, on side of the Hosa Road, when reached near Sri Ganesha Temple, Naganathapura, Electronic City post, Bangalore. Petitioner was walking slowly carefully cautiously observing the traffic rules at that time one Motor cycle bearing Reg No.KA03/HA7412
3 SCCH - 19 MVC.No.919 /2019 ridden by its rider in a rash and negligent manner, so as to endanger human life, came at high speed and dashed to the petitioner. As a result of forced impact, petitioner was fell down and sustained several grievous injuries on vital parts of the body. It is further stated that, immediately after the accident, the Petitioner was shifted to Blossom Hospital, wherein he took treatment as an inpatient and so far spent more than sum of Rs.1,00,000/ towards medical expenses, Conveyance, transport and nourishment with other charges. It is further stated that, prior to the accident the Petitioner was hale, healthy and aged about 07 years. The petitioner was studying in UKG at English Public School. It is further stated that due to accidental injuries, he cannot do his activities as earlier to the accident and undergoing deep shock, pain and suffering. It is further stated that, the accident occurred due to rash and negligent riding of the rider of Motor cycle bearing Reg No.KA 03/HA7412 hence, the Electronic city Police have registered a case against rider of said vehicle in Cr.No.140/2018, for an offence punishable U/Sec.279 and 338 of IPC. It is further stated that, the 4 SCCH - 19 MVC.No.919 /2019 Respondent being the RC Owner of the offending vehicle is liable to pay compensation to the petitioner. Hence, Petitioner prayed to grant compensation.
3. After Service of notice, the Respondent did not appear before the court and hence placed exparte.
4. In order to prove the case, Petitioner side one witness examined as PW.1 and produced in all 14 documents marked as Ex.P.1 to P14.
5. I have heard the learned counsel appearing for the Plaintiff and Perused material available on hand, that for the following points are arises for my consideration:
POINTS
1. Whether Guardian of the Minor Petitioner proves that on 09.11.2018 at about 9.30 a.m., the Petitioner was walking carefully and cautiously on side of the Hosa Road, when reached near Sri Ganesha Temple, Naganathapura, Electronic City post, Bangalore.
Petitioner was walking slowly carefully cautiously observing the traffic rules at that time rider of Motor cycle bearing Reg No.KA03/HA7412 rode the same 5 SCCH - 19 MVC.No.919 /2019 in a rash and negligent manner, so as to endanger human life, came at high speed and dashed to the petitioner. As a result of the forced impact, the Petitioner was fell down and sustained several grievous injuries on vital parts of the body?
2. Whether the petitioner is entitled for compensation? If so, how much and from whom?
3. What order or award?
6. For the following reasons, I given the answer to the above Points as under: Point No.1 : In the Affirmative, Point No.2 : Partly in the Affirmative Point No.3 : As per final order for the following:
REASONS
7. Point No.1: It is specific case of the Petitioner that, on 09.11.2018 at about 9.30 a.m., the Petitioner was walking on side of the Hosur Road, when reached near Sri Ganesha Temple, Naganathapura, Electronic City Bangalore. at that time rider of Motor cycle bearing Reg No.KA03/HA 7412 rode the same in a rash and negligent manner 6 SCCH - 19 MVC.No.919 /2019 came at high speed and dashed to the petitioner. As a result of the forced impact, the Petitioner was fell down and sustained several grievous injuries on vital parts of the body, hence, prays for grant the compensation.
8. The father of the Minor Petitioner Sri.Yerramsetty Murali Mohan Rao, examined as Pw.1 and filed affidavit in lieu of chief examination. In his chief examination he has reiterated the averments of the Petition. Further produced the Copy of FIR marked as Ex.P1, produced copy of Complaint marked as Ex.P2, Produced copy of spot Mahazar marked as Ex.P3, Produced copy of Spot Sketch marked as Ex.P4, produced copy of IMV report marked as Ex.P5, produced copy of wound certificate marked as Ex.P6, produced copy of Charge sheet marked as Ex.P7, produced copy of Police notice U/sec.133 of IMV Act marked as Ex.P8, produced copy of Reply to the Police notice U/sec.133 of IMV Act marked as Ex.P9, produced discharge summary copy marked as Ex.P10, produced 15 medical bills marked as Ex.P11, produced 14 prescriptions marked as 7 SCCH - 19 MVC.No.919 /2019 Ex.P12, produced two Notarized Aadhaar cards marked as Ex.P13 & 14.
9. I have perused the documents produced by the Petitioner, it appears that the Electronic City Police have registered the case in Crime No.18/2019 against the driver of the School Bus bearing Reg.No.KA 140/2018, for the offences punishable U/sec.279 and 337 of IPC and Sec.134 (A) and (B) R/w sec.187 of IMV Act on the basis of the complaint lodged by the father of the Petitioner. After submitting the FIR, the Police have conducting the Spot Mahazar of the accident took place and also seized the vehicle. After received the Wound certificate and also IMV report and after completion of the investigation, the I.O has submitted the Charge sheet against the rider of the offending vehicle for the offence punishable U/sec.279, 337 of IPC and and Sec.134(B) R/w sec.187, 146, and 196 of IMV Act
10. I have perused the Spot mahazar and sketch of the accident took place it disclose that, the accident occurred on the left side of the road. The minor 8 SCCH - 19 MVC.No.919 /2019 Petitioner was walking on the side of the road and the offending vehicle came on back side and dashed to the petitioner. Hence it is clear that the rider of the motor cycle ride the same without observing the minor petitioner, who was walking on the side of the road and dashed to the Petitioner. After perusal of the Spot Mahazar and sketch it is clear that in case if the rider of the offending vehicle has observed the Child and rode the same with due care and cautious, definitely accident could not be happened.
11. After perusal of the Hospital documents it is clear that, on the very same day of the accident, the Petitioner was admitted in the Hospital and sustained accidental injuries. Further as Per the Ex.P.9 the Respondent has given the reply to the notice u/s 133 by admitting the ownership and also accident. It is pertain to note that, Even though service of notice the Respondent has not appeared and also not contest the case, hence an adverse inference can be drawn against the rash and negligent riding of the offending vehicle. There is no any contradictions or suspect the police documents 9 SCCH - 19 MVC.No.919 /2019 and also hospital documents. Under such circumstances, it is proved that, when the minor petitioner was walking on the side of the road, the rider of the motor cycle ride the same in a rash and negligent manner and dashed to the Petitioner from behind, as a result Petitioner fell down and sustained grievous injuries. Hence, I given the answer to the Issue No.1 in the Affirmative.
12. Issue No.2: The Petitioner claiming compensation amount of Rs.10,00,000/ with respect to road traffic accident and sustained injuries including pain and suffering. The Petitioner has stated that, due to accident he has sustained grievous injuries and also taking treatment in the hospital as inpatient and he cannot do his activities as earlier to the accident and also underwent deep mental shock pain and suffering. Hence, prayed to award compensation amount.
13. The Petitioner has produced Wound certificate and the discharge summary, which are marked as Ex.P.6 and Ex.P.10. The counsel of the Respondent 10 SCCH - 19 MVC.No.919 /2019 nothing has been elicited to deny the injuries sustained by the petitioner in a road traffic accident and also not disputed about wound certificate and also document issued by the hospital with respect to treatment given to the Petitioner. I have perused the Wound certificate and discharge summary issued by the hospital, it disclose that the Petitioner has sustained :
Injury to right lower limb and Multiple Glazed abrasion on face and right knee, and tenderness over right distal femur.
The doctor has given opinion that, above said Injuries are simple in nature and Petitioner took treatment as an inpatient. Therefore, taking all these facts and nature of injuries sustained by the Petitioner, I am of the opinion that, Petitioner is entitled for compensation amount of Rs.50,000/ as reasonable compensation under the head of pain and suffering.
14. The Petitioner has produced medical bills marked as Ex.P11 and also produced Hospital bills
11 SCCH - 19 MVC.No.919 /2019 and discharge summary. The Respondents have not denied the medical bills and nothing has been elicited in the mouth of the Petitioner and also cross examination of the doctor. Therefore, the amount available in the Medical bills and hospital bills had to be compensated. Hence, the Petitioner is entitled to claim medical bill amount of Rs.19,950/.
15. The Petitioner has not produced any document with respect to the expenditure of food, transportation and other charges. The Petitioner has produced discharge summary issued by Blossom Hospital, which is marked as Ex.P10. As per said document the Petitioner took treatment as an inpatient from 0911 2018 to 15112018 i.e., for about 7 days. Accordingly this tribunal has fixed reasonable transportation and conveyance charge of Rs.5,000/ as compensation amount under the head Transportation and conveyance charges.
16. The Guardian of the minor Petitioner contended that due to accidental injuries, the Petitioner was suffering pain and mental agony and he is unable to 12 SCCH - 19 MVC.No.919 /2019 carry on his day to day activities, which he used to do prior to the accident. To prove the disability, the Petitioner has not examined the treated doctor and also the Petitioner has sustained simple injuries only. Hence, the Petitioner is not entitled for any compensation under the head loss of future earning capacity on account of disability and the Petitioner is not entitled for any compensation under the head loss of academic year.
17. The Guardian of the minor Petitioner claims the medical expenses for future medication of the Petitioner. He claims amount of Rs.30,000/ for future medication. After perusal of the wound certificate it disclose that the Petitioner has sustained simple injuries only. To prove the disability, the Petitioner has not examined the treated doctor and also not produced any document from his school authorities. However, considering the injuries sustained by the Petitioner and also treatment taken in the hospital as an inpatient, this tribunal has awarded reasonable amount of Rs.5,000/ as compensation under the head of expenses towards future medication.
13 SCCH - 19 MVC.No.919 /2019
18. Since the Petitioner has sustained injuries as stated in the wound certificate, hence some amount of Rs.10,000/ is reasonable compensation under the head of loss of amenities.
19. Considering oral evidence coupled with documentary evidence, it is just and proper to grant compensation as follows:
Sl.
Under the heads Amount
No.
1. Pain and sufferings Rs. 50,00000
2. Medical expenses Rs. 19,95000
3. Transportation, Nourishment, 5,00000
Conveyance and attendant charges Rs.
4. Towards future medical Rs. 5,00000
expenditure.
5. Towards loss of amenities of life Rs. 10,00000
Total Rs. 89,95000
The Petitioner is entitled for total compensation of Rs.89,950/. It is rounded off to Rs.90,000/.
14 SCCH - 19 MVC.No.919 /2019
20. Interest:
In so far as awarding the interest on the compensation amount is concerned, the Hon'ble High Court of Karnataka, Bengaluru in MFA.No.103557/2016 (between Sriram General Insurance Co. ltd., V/s Smt.Lakshmi & others, DD:
20032018) wherein held that as per Sec.34 of CPC the rate of interest that can be awarded on Judgments cannot be more than 6% p.a. and that since Sec.149 of M.V. Act provides for the interest on Judgments, the interest to be awarded in claim Petitions has to be 6% p.a. and not more than that. Hence, I hold that the Petitioners in all case are entitled for interest @6% p.a., from the date of petition till the date of payment.
21. Liability :
As per the Petition, the Respondent is the RC Owner of the Motor cycle bearing Reg No.KA03/HA 7412. As discussed in the issue No.1, it is proved that the accident was occurred due to rash and negligent riding of the rider of offending vehicle. Therefore, the 15 SCCH - 19 MVC.No.919 /2019 Respondent is liable to pay the compensation to the Petitioner with cost and interest. Accordingly, I answer Point No.2 in the Partly Affirmative.
22. Point No.3: for the foregoing reasons, I proceed to pass the following: ORDER The claim petition filed by the Petitioner under Section 166 of the Motor Vehicles Act is hereby Partly allowed with cost as hereunder.
The Petitioner is entitled for total compensation amount of Rs.90,000/ with interest @ 9% p.a., from the date of petition till its realization.
The Respondent is liable to pay the aforesaid compensation amount to the Petitioner. Further, the Respondent is hereby directed to deposit the compensation amount together with 9% interest within Thirty days, from the date of this Order.
After deposit, out of total compensation amount a sum of Rs.20,000/ shall be release in favour of the Guardian of the Minor Petitioner (as the Guardian of the Minor Petitioner has to incurred some amount towards medical expenses) with proper identification and the remaining amount with 16 SCCH - 19 MVC.No.919 /2019 interest shall be deposit in FD in any nationalized bank in the name of the Petitioner, at the choice of the Guardian of the Minor Petitioner, till the Petitioner attains the age of majority.
Advocate fee is fixed at Rs.1,000/. Draw award accordingly.
(Dictated to the Stenographer directly on computer, then corrected by me and pronounced in open court on this the 3rd day of February 2020) (DYAVAPPA. S.B.) XV ASCJ & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru.
A N N E X U R E:
List of witnesses examined for Petitioner:
Pw.1 : Sri.Yerramsetty Murali Mohan Rao List of documents marked for Petitioner:
Ex.P1 : Copy of FIR
Ex.P2 : Copy of Complaint
Ex.P3 : Copy of spot Mahazar
Ex.P4 : Copy of Spot Sketch
Ex.P5 : Copy of IMV report
Ex.P6 : Copy of wound certificate
17 SCCH - 19
MVC.No.919 /2019
Ex.P7 : Copy of Charge sheet
Ex.P8 : Copy of Police notice U/sec.133
Ex.P9 : Copy of Reply to the Police notice
Ex.P10 : Discharge summary copy
Ex.P11 : 15 medical bills
Ex.P12 : 14 prescriptions
Ex.P13&14: Two Notarized Aadhaar cards
List of witnesses examined for Respondent:
Nil List of documents marked for Respondent:
Nil (DYAVAPPA. S.B.) XV ASCJ & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru.