Bangalore District Court
N.Ramachandrappa vs B.Nagendra on 12 June, 2024
KABC020185122021
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL
Court of Small Causes, Bengaluru.
DATED THIS THE 12th DAY OF JUNE 2024
PRESENT: SRI.KUMARA.S (B.A., LL.B)
VII Addl. SCJ and ACMM,
Member, MACT3, Bengaluru.
M.V.C.No.2815/2021
Petitioners : 01. Sri.N.Ramachandrappa,
S/o late Narayanappa,
Aged about 54 years,
02. Smt.Anusuyamma,
W/o Ramachandrappa,
Aged about 42 years,
Both are R/a Ward No.9,
Narasimha Nilaya, 3rd Cross,
Munivenkatappa Layout,
Anekal Town,
Bangalore Rural District - 562 106.
(By Sri.K.T.Madhu, Advocate)
V/s
Respondents : 01. Sri.B.Nagendra,
S/o Boralingaiah,
(SCCH3) 2 M.V.C.No.2815/2021
No.152, 5th Cross,
29th Main, 1st Sector,
HSR Layout, Bangalore 560 102.
(Owner of the Verna Car bearing
reg. No.KA01MF1416)
(By Sri.S.Y.Kumbar, Advocate)
02. Royal Sundaram Gen.
Insurance Co. Ltd.,
Regional Office, No.30, 3rd Floor,
JNR City Centre,
Raja Ram Mohan Roy Road,
Off: Richmond Road,
Opp to Kanteerava Stadium,
Sampangi Rama Nagara,
Bangalore - 560 027.
(Insurer of Verna Car bearing
reg. No.KA01MF1416)
Policy No.VFC1400807000100
Valid from 03.12.2020 to 02.12.2021
(By Sri.B.N.Sreekanta Swamy,
Advocate)
*******
JUDGMENT
The petitioners have filed this claim petition against respondents seeking compensation on account of death of the deceased H.R.Vidyananda Kumar S/o N.Ramachandrappa, who died in Motor Vehicle Accident.
(SCCH3) 3 M.V.C.No.2815/2021
02. The brief facts of the case of the petitioners is as under:
On 14.04.2021 at about 04.25 p.m the deceased was going as one of the inmate in a Verna Car bearing No.KA01MP1416 on NICE Road, near Anjanapura Lake, opposite Stone Cutter Factory, Bengaluru, from Kanakapura Road towards Bannerghatta side and the said Car was driven by Likitha Gowda. At that time Lorry bearing Registration No.TN30BC1659 which was going in the same direction, the driver of the Verna Car was driving the same in a rash and negligent manner and dashed against the said lorry from back side. Due to which, the deceased who was seated in the back seat of the said car sustained fatal injuries to all over the bodyand succumbed to the injuries at Kaveri hospital, Electronic City, Bengaluru. The petitioners have spent Rs.2,00,000/ towards funeral expenses of the deceased. At the time of accident the deceased was hale and healthy, and was aged about 22 years and was 2nd year MBBS student at The Oxford Medical College hospital and Research Centre and he had high aspirations and ambitions about his future career and was a brilliant student in studies. The petitioner No.1 is the father and the petitioner No.2 is the mother of the deceased. Due to (SCCH3) 4 M.V.C.No.2815/2021 the sudden demise of their son the petitioners have put to great mental shock and agony and have taken huge loan from the bank for his MBBS studies had the deceased been alive he would have well established doctor in future. The accident was occurred due to rash and negligent driving of above said Verna Car by its driver. The Kumara Swamy Layout Police have registered a case against the driver of the offending Car. The respondent No.1 being the R.C. Owner and respondent No.2 being the insurer of the offending Car and the insurance of the said Car was valid at the time of accident. Hence they are jointly and severally liable to pay compensation of Rs.2,00,00,000/ with interest at the rate of 18% p.a. with costs.
03. In pursuance of service of notice, the respondents have appeared before the tribunal through their respective counsels and filed their separate written statement.
04. The respondent No.1 in its written statement has denied the rash and negligent driving of the Car and contended that the vehicle was insured with respondent No.2 and driver had valid driving licence and valid policy as on the date of accident and pray for reject the petition against this respondent with costs.
(SCCH3) 5 M.V.C.No.2815/2021
05. The respondent No.2 in its written
statement has denied the entire case of the petitioners and denied the alleged accident, rash and negligent driving of the driver of the Car, age, income of the deceased, dependency of the petitioners and contended that, driver of the Lorry bearing No.TN30BC1659 drove the same without driving licence and in rash and negligent manner without documents, hence insured vehicle driver of the Car was unable to navigate properly and thereby this alleged accident caused. The Police records discloses the negligence on the part of the Lorry bearing No.TN30BC1659 and admits that Car bearing No.KA01MP1416 was insured with this respondent under the policy number is VPC1400807000100 and valid from 03.12.2020 to 02.12.2021 and the liability of this respondent is subjec to terms and conditions of the policy and also denied that the respondent No.1 is the owner of the offending Car at the time of accident and compensation claimed is exorbitant. Hence, pray for reject the petition against this respondent with costs.
06. On the basis of the above pleadings of the parties, my predecessor has framed the following Issues: (SCCH3) 6 M.V.C.No.2815/2021 ISSUES
01. Whether petitioners prove that they are the LRs/dependants of deceased Sri.H.R.Vidyananda Kumar S/o N.Ramachandrappa?
02. Whether petitioners prove that deceased Sri.H.R.Vidyananda Kumar S/o N.Ramachandrappa died due to the injuries suffered in road traffic accident alleged to have been taken place on 14.04.2021 at about 02.25 p.m on Nice Road, near Anjanapura Lake, Opposite Stone Cutter Factory, Bengaluru, due to rash and negligent act of driving of the Car bearing registration No.KA01MP1416 by its driver as alleged in the petition?
03. Whether petitioners are entitled for compensation? If so, what amount & from whom?
04. What order or award?
ADDITIONAL ISSUES
01. Whether the respondent No.2 proves that the lorry driver did not possess valid Driving licence on the date of accident?
07. The petitioners in order to prove their case, petitioner No.1 is examined as PW.1 and other witnesses are examined as PW.2 to 4 and on behalf of (SCCH3) 7 M.V.C.No.2815/2021 the petitioners got marked 45 documents as Ex.P.1 to 45 and closed their side evidence. The respondents have not lead any evidence and no documents have been marked on behalf of the respondents.
08. I have heard the arguments advanced for the learned counsel of petitioners and respondent No.2 and perused the records.
09. My findings on the above Issues are as follows:
Issue No.1 : In the Affirmative
Issue No.2 : In the Affirmative
Additional
Issue No.1 : In the Negative
Issue No.3 : Partly in the
Affirmative
Issue No.4 : As per final order
for the following:
REASONS
10. Issue No.1 & 2: In order to avoid repetition of facts and appreciation of evidence on record, these two issues are taken together for common consideration and discussion. The petitioners in order to prove their case, the petitioner No.1 is examined as PW.1 and in his chiefexamination evidence he has (SCCH3) 8 M.V.C.No.2815/2021 reiterated the petition averments. Though he has been elaborately crossexamined by the respondent No.2 counsel, but nothing has been brought on record to disbelieve the case of the petitioners regarding rash and negligent driving of offending Car and caused accident and death of deceased in the road traffic accident.
11. PW.2 is one Karthik T who is Assistant Accountant of Freedom International School, HSR Layout, Bengaluru, who is deposed that petitioner No.2 is the mother of the deceased who is employee of their school. Also deposed that mother of deceased who is petitioner No.2 was availed education loan thrice from their school for the MBBS education of deceased and paying monthly equated monthly installments towards the availed loan amount. Though he has been elaborately crossexamined by the respondent No.2 counsel but nothing is elicited from his mouth to disbelieve his evidence regarding the petitioner No.2 is the employee of their school and she has obtained educational loan for the purpose of her son's education against salary.
12. PW.3 is Subhadeep Chatterjee, is a Branch Manager of Bank of Baroda. He also deposed that petitioner No.2 the mother of the deceased had availed (SCCH3) 9 M.V.C.No.2815/2021 loan from his bank for the education purpose of her deceased son Vidyananda who is studied in MBBS. Though he has been elaborately crossexamined by the respondent No.2 counsel but nothing is elicited from his mouth to disbelieve the fact that the petitioners have borrowed loan from the bank for MBBS degree education of their son ie., deceased Vidyananda.
13. PW.4 is Sudheendra.M, is also a Branch Manager of Bank of Baroda who deposed that the petitioner No.2 had availed loan from his bank for the education purpose of her son who is studying in MBBS. But he has not tendered for crossexamination and his chief examination evidence has no evidentiary value.
14. Apart from the oral evidence, the petitioners have got marked 45 documents as Ex.P.1 to 45. Ex.P.1 is copy of FIR filed against driver of offending Car due to rash and negligent driving and death of deceased. Ex.P.2 is copy of Complaint. Ex.P.3 is copy of Post mortem report wherein it is stated that deceased died in road traffic accident and he was died due to head injury. Ex.P.4 is copy of Spot Sketch pertaining to the accident spot it indicates that the offending Car driver was driving the car in rash and negligent manner and dashed against the lorry from its behind which was (SCCH3) 10 M.V.C.No.2815/2021 going in front of the Car and accident occurred and due to said accident the deceased who was inmate of the car succumbed to the injuries. Ex.P.5 is copy of Spot Mahazar. Ex.P.6 is copy of Police notice issued to the Mahazar witnesses. Ex.P.7 is copy of IMV report indicates that lorry and car involved in the accident and the front side of the offending car was heavily damages and the right side of the lorry was damaged and it indicates there was a rash and negligent driving on the part of driver of the car. Ex.P.8 is copy of Inquest report. Ex.P.9 is of Police intimation regarding accidental death. Ex.P.10 is copy of Notice U/Sec.133 of IMV Act issued to the owner of the offending Car. Ex.P.11 is copy of Reply to notice which discloses that the owner of the offending Car has given details of the driver of the car who drove the car as on the date of accident and also stated that the driving licence of driver of car and insurance policy of the said vehicle was valid as on the date of accident. Ex.P.12 is copy of Charge sheet which was filed against driver of offending car. Ex.P.13 is a Certificate issued by The Oxford Medical College hospital and Research Centre, Anekal, Bengaluru, wherein it is clearly states that the deceased was a son of petitioners and was studying in their college in 3rd year MBBS course. Ex.P.14 is a copy (SCCH3) 11 M.V.C.No.2815/2021 of four examination application forms of the deceased. Ex.P.15 is copy of fee receipts issued by the Oxford Medical College hospital and Research Centre pertaining to deceased Vidyananda Kumar.H.R. Ex.P.16 is copy of memorandum of entry/mortgage agreement regarding loan obtained by the deceased Vidyananda Kumar for education purpose. Ex.P.17 is loan sanction letter to the borrower issued by the Bank of Baroda by sanctioning education loan. Ex.P.18 is copy of loan sanction letter issued by the Bank of Baroda which sanctioning mortgage loan in favour of the petitioner No.2 for the education of her son. Ex.P.19 is copy of Statement of account of the deceased Vidyananda Kumar.H.R who was a medical student which shows there is outstanding balance in his account. Ex.P.20 is letter of sanction to the borrower issued by the Bank of Baroda regarding sanction of personal loan to the petitioner No.2 for education purpose of her son. Ex.P.21 is loan account statement of petitioner No.2 regarding availment of loan and loan due to the Bank of Baroda. Ex.P.22 is copy of letter of sanction to the borrower issued by the Bank of Baroda regarding sanction of personal loan to the petitioner No.2 for education purpose of her son. Ex.P.23 is copy of Ledger of loan to staff bill wise (SCCH3) 12 M.V.C.No.2815/2021 details of the loan account of petitioner No.2. Ex.P.24 is copy of interest certificate issued by the Bank of Baroda. Ex.P.25 is Attendance certificate issued by Freedom International School pertaining to petitioner No.2. Ex.P.26 is Employment certificate issued by Freedom International School of Smt.Anasuya, the petitioner No.2. Ex.P.27 Employment certificate of Sri.Karthik who is brother of deceased and employee of Freedom International School. Ex.P.28 is copy of Ledger of loan to staff bill wise details of petitioner No.2. Ex.P.29 is the letter written by petitioner No.2 to the Freedom International School requesting for loan against salary. Ex.P.30 is Application for advance against salary by the petitioner No.2. Ex.P.31 Request letter for salary advance by petitioner No.2. Ex.P.32 is Ledger of loan to staff bill wise details of petitioner No.2. Ex.P.33 is copy of attendance certificate issued by Freedom International School pertaining to petitioner No.2. Ex.P.34 is copy of letter of sanction to the borrower issued by Bank of Baroda to the Vidyananda Kumar.H.R. Ex.P.35 copy of five fee receipts issued by the Oxford Medical College hospital and Research Centre regarding payment of fees by the deceased for his medical course. Ex.P.36 is also fees details pertaining to deceased issued by the Oxford (SCCH3) 13 M.V.C.No.2815/2021 Medical College hospital and Research Centre. Ex.P.37 is also fees details pertaining to deceased issued by the Oxford Medical College hospital and Research Centre along with one marks card. Ex.P.38 and 39 are the letters addressed by the deceased to the Manager, Bank of Baroda for release of 4 th year annual fees. Ex.P.40 is also fees details pertaining to deceased issued by the Oxford Medical College hospital and Research Centre. Ex.P.41 is a letter addressed by the deceased requesting for financial assistance to the Bank Manager, Bank of Baroda. Ex.P.42 is copy of attestation memo along with DP note issued by Bank of Baroda of the deceased and their parents. Ex.P.43 is copy of agreement plus power of attorney executed by the brother of the deceased. Ex.P.44 is copy of undertaking agreement to undertake assignment of future income in case of taken loan for more than Rs.40 lakhs issued by Bank of Baroda and Ex.P.45 is copy of first year MBBS marks card of the deceased.
15. On going through the oral and documentary evidence of the petitioners, it appears the deceased Vidyananda Kumar was died in the Motor Vehicle Accident that occurred on 14.04.2021 at about 04.25 p.m on NICE Road, near Anjanapura Lake, opposite Stone Cutter Factory, Bengaluru, due to rash and (SCCH3) 14 M.V.C.No.2815/2021 negligent manner driving of offending Verna Car bearing No.KA01MP1416 by its driver, as mentioned in claim petition. Hence, the petitioners have proved Issue No.2.
16. On perusal of oral evidence of PW.1 to 3 and Ex.P.1 to 45 and medical records and school records, all these documents clearly goes to show that the deceased Vidyananda Kumar is a son of petitioners and they are legal representatives of the deceased Vidyananda Kumar. The respondents have not seriously disputed that the petitioners are the legal representatives and dependents of the deceased. Therefore, the petitioners have proved Issue No.1 & 2. Accordingly, this Issue No.1 & 2 are answered in the affirmative.
17. Additional Issue No.1: The respondent No.2 has taken contention that the Lorry bearing No.TN30BC1659 driver did not possess valid driving licence as on the date of accident. But the respondent No.2 has not led any evidence in this regard. Moreover, it is admitted fact that the accident was occurred due to rash and negligent driving of the Car and it is not the case of the petitioners that the accident occurred due to rash and negligent driving of lorry driver.
(SCCH3) 15 M.V.C.No.2815/2021 Therefore, the lorry which was going in the same direction, but car driver was caused the accident and there is no evidence or proof regarding rash and negligent of lorry driver. Hence question regarding lorry driver had any valid driving licence is immaterial. Further, the owner of the said lorry and insurer of the said lorry has not been made as parties in this case. Therefore, the respondent No.2 has failed to prove this Issue. Accordingly I answered this Issue in the Negative.
18. Issue No.3: This issue is related to the entitlement of the compensation on account of the death of the deceased Vidyananda Kumar, who died in the Motor Vehicle Accident. The petitioners have stated that as on the date of alleged accident the deceased was aged about 22 years and was 2nd year MBBS student at the Oxford Medical College hospital and Research Centre and was a brilliant student in studies and he had high aspirations and ambitions about his future career. Due to the sudden demise of the deceased, they have put to great mental shock and agony.
19. On perusal of the documents i.e., school records, police records, it appears that the deceased (SCCH3) 16 M.V.C.No.2815/2021 was aged about 22 years as on the date of accident. However, the petitioners have not produced birth certificate or SSLC marks card of the deceased. But the respondents have not denied that he is not the medical student. Ex.P.13, 14, 15 and 45 documents discloses that the deceased was a 2nd year medical student at the Oxford Medical College hospital and Research Centre and had a brilliant future. Therefore, this Court is of the opinion that as on the date of accident deceased was aged about 22 years and the deceased was a medical student. The petitioners have relied upon the Judgment of own Hon'ble High Court of Karnataka in MFA No.1219/2017 dt:20.03.2023 in between Legal manager, Reliance General Insurance Company Limited Vs. Hanumanthappa and others, wherein Hon'ble High Court of Karnataka has assessed the income of medical student is at Rs.30,000/ p.m in relation to the accident occurred on 29.11.2014, but in this case the accident occurred on 14.04.2021. Therefore, this tribunal is of the view that deceased had secured a medical seat and was a student of the Oxford Medical College hospital and research center is not in dispute. Having regard to the fact that the deceased had secured a MBBS seat, interest of justice (SCCH3) 17 M.V.C.No.2815/2021 would be served if the monthly income of the decased is determined as Rs.40,000/ p.m.
20. As per the ratio laid down by the Apex Court in a decision reported in 2009 ACJ 1298 in between Sarla Verma and Ors. V/s. Delhi Transport Corporation and Ors. case the multiplier applicable to the age group of 15 to 25 years is 18. The petitioners No.1 and 2 who are the parents of the deceased or the dependents on the earnings of the deceased. It is evident that the deceased in the present case was a bachelor and hence 1/2 of the income has to be deducted towards personal expenses of the deceased. Hence, taking into proper consideration deceased was a medical student at the time of accident, his future income is also assessed. It is clear that the deceased was a medical student, studying at the Oxford Medical College hospital and Research Centre as on the date of accident and would have earned Rs.40,000/ p.m at the least after graduation. It is also not in dispute that the deceased was aged about 22 years as on the date of accident and was a student of 2nd year MBBS course. The Hon'ble Supreme Court in Ashvinbhai Jayantilal Modi V/s Ramkaran Ramchandra Sharma and another (2015) 2 SCC 180 has assessed the (SCCH3) 18 M.V.C.No.2815/2021 income of five year MBBS course at Rs.25,000/ p.m and has held that there is a tremondous increase in demand for medical professionals and that medical practice is one of the most rewarding professions today. Therefore, taking into consideration the aforesaid enunciation of law by the Hon'ble Supreme Court in Ashvinbhai Jayantilal Modi supra, I deem it appropriate assess the income of the deceased at Rs.40,000/ p.m.
21. In view of the ratio laid down by the Hon'ble Apex Court in a decision reported in (2017) 16 SCC 680 in between National Insurance Co. Ltd., V/s Pranay Sethi & Others case in respect to loss of estate, loss of consortium and funeral expenses, the aforesaid amount should be enhanced at the rate of 10% in every 3 years. Accordingly, in the head of loss of estate and funeral expenses, 10% is enhanced for period of every 3 years. In view of the decision of Hon'ble Supreme Court in (2017) 16 SCC 680 in between National Insurance Co. Ltd., V/s. Pranay Sethi & Others case, the future prospects of the deceased is taking into consideration.
(SCCH3) 19 M.V.C.No.2815/2021
22. Since the deceased was aged about 22 years at the time of the accident, 40% of the income is required to be added to the monthly income towards future prospectus, which would result in the income to be Rs.56,000/. Since the deceased was a bachelor, it is appropriate to deduct 50% of the income of the deceased towards personal expenses and then his monthly income would be Rs.28,000/. The income of the deceased for the purpose of determining the loss of dependency would thus be Rs.28,000/. As the deceased was aged 22 years, a multiplier of 18 would have to be applied. Consequently the claimants would be entitled for a sum of Rs.60,48,000/ (Rs.28,000 x 12 x 18) towards loss of dependency.
23. The claimants being the parents they would each be entitled for Rs.44,000/ towards loss of consortium. Considering the facts and circumstances of the case and noticing the number of dependents and 1/2 of the income taken into consideration towards the personal expenses of the deceased, this Tribunal has placed reliance on ratio laid down by the Hon'ble Apex Court in a decision reported in (2017) 16 SCC 680 in between National Insurance Co. Ltd., V/s. Pranay (SCCH3) 20 M.V.C.No.2815/2021 Sethi & others case has calculated compensation as under;
Sl.No. Head of Compensation Amount in Rs.
1. Loss of Dependency 60,48,00000
2. Loss of consortium 88,00000
3. Loss of estate 15,00000 + 3,00000
4. Funeral expenses and 15,00000 transportation of dead + 3,00000 body Total 61,72,00000
24. Accordingly I hold that, the petitioners are entitled for total compensation of Rs.61,72,000/ with interest at the rate of 9% p.a. from the date of petition till its realization.
25. The respondent No.2 has taken several defences regarding rash and negligent driving on the part of the Lorry bearing No.TN30BC1659, but it has not adduced any evidence and not placed any sufficient material regarding rash and negligent driving of the lorry by its driver. Further the respondent No.1 in his written statement has stated that as on the date of accident the insurance policy of the offending Verna (SCCH3) 21 M.V.C.No.2815/2021 Car bearing No.KA01MP1416 was insured with the respondent under the policy No.VPC1400807000100 and valid from 03.12.2020 to 02.12.2021. The alleged accident was occurred on 14.04.2021. Therefore, as on the date of accident the insurance policy of the offending car is valid and is in force. Hence, respondent No.1 being the owner and respondent No.2 being the insurer of the offending car are jointly and severally liable to pay compensation to the petitioners. However, since insurance policy of the offending car was valid and is in force as on the date of accident, the respondent No.2 being the insurer shall liable to pay above said compensation amount with interest within two months from the date of this order.
26. Further, the petitioners have claimed the award of outstanding education loan of Rs.20,33,000/ borrowed by the deceased and petitioners for the MBBS education of the deceased and in all PW.2 to 4 witnesses are also examined to show that the deceased and petitioner No.2 have borrowed loan from the Bank of Baroda for education purpose and have also produced Ex.P.16 to 44 documents. But there is no provision under M.V. Act to award compensation on the head of outstanding education loan borrowed by the deceased and his parents and even petitioners (SCCH3) 22 M.V.C.No.2815/2021 have not furnished any citations with respect of liabillity of the Insurance Company to pay outstanding education loan borrowed by the deceased and his parents under M.V. Act. Therefore, on the head of outstanding education loan, the petitioners are not entitled for the said relief and said claim of the petitioners is not maintainable in the eyes of the law.
27. Further, the petitioners have relied upon the following Judgments in support of their claim,
01. MFA No.1219/2017 (MVD) c/w MFA No.4937/2018 (MVD) in between Legal Manager, Reliance General Insurance Co. Ltd., V/s Hanumanthappa and others, Hanumanthappa and others V/s Reliance General Insurance Co. Ltd., and another,
02. Civil Appeal No.81318132/2014 in between Ashvinbhai Jayantilal Modi V/s Ramkaran Ramchandra Sharma and another,
03. MFA No.1982/2015 (MVD) in between Smt. Kamala Goyal and others V/s United India Insurance Co. Ltd., and another.
28. I have gone through the above citations relied upon by the petitioners and same are taking into (SCCH3) 23 M.V.C.No.2815/2021 consideration while awarding compensation to the petitioners. Accordingly, this Issue is answered partly in the affirmative.
29. Issue No.4: In view of the above reasoning and discussions to the above Issues No.1 to 3 and additional Issue No.1, I proceed to pass the following:
ORDER The petition filed by the petitioners under Sec.166 of the M.V. Act, 1989 is partly allowed with cost.
The petitioners are entitled for compensation of Rs.61,72,000/ (Rupees Sixty one lakhs and seventy two thousand only) with interest at the rate of 9% p.a. from the date of petition till its realization.
The respondent No.2 shall deposit above said compensation amount with interest within two months from the date of this order.
The petitioners No.1 and 2 are entitled to get equal share i.e., in the ratio of 5050, in the award amount together with interest.
The petitioners No.1 and 2 are entitled to get release 70% each of the award through Epayment directly to their account by obtaining the bank account details and remaining 30% each shall be (SCCH3) 24 M.V.C.No.2815/2021 kept in Fixed Deposit in any Scheduled Bank for a period of three years, in their respective names.
The Advocate fee is fixed at Rs.1,000/. Draw award accordingly.
(Dictated to the Stenographer, transcript thereof is corrected and then pronounced by me in the Open Court on this the 12th day of June, 2024) (KUMARA.S) VII Addl. Judge and ACMM, Bengaluru.
ANNEXURE List of witnesses examined for the petitioner:
P.W.1 N.Ramachandrappa P.W.2 Karthik.T P.W.3 Subhadeep Chatterjee P.W.4 Sudheendra.M List of documents marked on behalf of the petitioner: Ex.P.1 True copy of FIR Ex.P.2 True copy of Complaint Ex.P.3 True copy of Post mortem report Ex.P.4 True copy of Spot Sketch Ex.P.5 True copy of Spot Mahazar Ex.P.6 True copy of Police notice Ex.P.7 True copy of IMV report (SCCH3) 25 M.V.C.No.2815/2021 Ex.P.8 True copy of Inquest report Ex.P.9 True copy of Police intimation Ex.P.10 True copy of Notice U/Sec.133 of IMV Act Ex.P.11 True copy of Reply to notice Ex.P.12 True copy of Charge sheet Ex.P.13 Certificate dt:09.07.2021 Ex.P.14 Copy of four examination application form Ex.P.15 Copy of fee receipts Ex.P.16 True copy of mortgage agreement Ex.P.17 True copy of loan sanction letter Ex.P.18 True copy of loan sanction letter Ex.P.19 True copy of Statement of account Ex.P.20 True copy of loan sanction letter Ex.P.21 True copy of account statements (02 in Nos.) Ex.P.22 True copy of loan sanction letter Ex.P.23 True copy of bill wise details Ex.P.24 True copy of interest certificate Ex.P.25 Attendance statement (2 in Nos.) Ex.P.26 Employment certificate of Smt.Anasuya Ex.P.27 Employment certificate of Sri.Karthik Ex.P.28 Ledger of loan to staff Ex.P.29 Letter of loan against salary Ex.P.30 Application for advance against salary Ex.P.31 Request letter for salary advance Ex.P.32 True copy of bill wise details Ex.P.33 True copy of attendance from 01.11.2023 to 02.11.2023 Ex.P.34 True copy of loan sanction letter Ex.P.35 True copy of five fee receipts Ex.P.36 True copy of letter dt:21.10.2016 Ex.P.37 True copy of letter dt:22.04.2019 along with one marks card Ex.P.38 True copy of letter dt:10.05.2019 Ex.P.39 True copy of letter dt:27.01.2021 along with letter Ex.P.40 True copy of letter dt:13.01.2021 Ex.P.41 True copy of letter dt:07.06.2018 along with (SCCH3) 26 M.V.C.No.2815/2021 notification Ex.P.42 True copy of attestation memo along with DP note Ex.P.43 True copy of agreement plus power of attorney Ex.P.44 True copy of undertaking agreement Ex.P.45 True copy of first year MBBS marks card of deceased
List of witnesses examined for the Respondents:
Nil List of documents marked on behalf of the Respondents:
Nil (KUMARA.S) VII Addl. Judge and ACMM, Bengaluru.