Bangalore District Court
Puttaraju.G vs Rangaswamy.N on 21 August, 2024
KABC020146342020
BEFORE THE CHIEF JUDGE, COURT OF SMALL CAUSES,
MEMBER PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL AT
BENGALURU (SCCH-1)
DATED THIS THE 21ST DAY OF AUGUST, 2024
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T., Bengaluru.
M.V.C. No.3216/2020
PETITIONER : Sri. Puttaraju G S/o Gangappa,
Aged about 56 years,
Residing at, No.484, 10th Main Road,
1st Stage, 2nd Block, Kalyananagara,
Nagarabhavi, Bangalore - 560 072.
(SINCE HE DIED ON 05-06-2022)
Pet. 1(a) Smt. Vijayalakshmi
W/o Late Puttaraju G,
Aged about 54 years,
Pet. 1(b) Smt. Harshitha P
D/o Late Puttaraju G,
W/o Manjunath DC,
Aged about 28 years,
Pet. 1(c) Sri. Uday P
S/o Late Puttaraju G,
Aged about 28 years,
All are R/at, No.484, Sri Vallabha,
10th Main Road, 8th Cross,
Near Matha National School,
Nagharabhavi, Bangalore - 560 072.
(By Sri. Shivalingaiah K.P, Advocate )
- Vs -
SCCH-1 2 MVC No.3216/2020
RESPONDENTS:1. Sri. Rangaswamy N,
Aged about major,
Residing at, No.864/1,
Sri Ramanjaneya Nilaya,
Thotadagudadahalli, Nagasandra Post,
Bangalore - 560 073.
(RC owner of the Mini Bus bearing
No.KA-52-A-9472)
(Absent)
2. The Manager,
TATA AIG General Insurance Co Ltd,
Office at, No.69, 2nd Floor,
JP and Devi Jabmukeshwra Arcade,
Miller Road, Bangalore-560052.
(Insurer to the Mini Bus bearing
No.KA-52-A-9472 vide Policy
No.01604681250000
Validity 13.10.2018 to 12.10.2023)
(By Sri. Muralidhar Negavar,
Advocate)
*******
JUDGMENT
Puttaraju S/o Gangappa on 29.09.2020 filed petition under Sec.166 of I.M.V. Act claiming compensation worth of Rs.10,00,000/- from the respondents who are the owner and insurer of the bus No.KA-52-A-9472 alleging that on 30.08.2020 at 08.15 PM when travelling by sitting in that bus as a passenger in front of Junior College, Subramanya, Dakshina Kannada District, driver of the bus drove the same negligently made the bus to jump on road hump SCCH-1 3 MVC No.3216/2020 made the spare Tyre kept behind the driver seat to burst resulting piece of glass to enter face and head, the fracture to the forehead of the petitioner Puttaraju, injuries to cheek, neck, head, face, chest thereby caused accident and injuries to Puttaraju. Immediately after the accident, Puttaraju has been shifted to Subramanya Government Hospital, wherein first aid was given then shifted to Dhanush Hospital, Bengaluru wherein taken treatment as an inpatient from 30.08.2020 to 03.09.2020 by spending Rs.3,00,000/-. Regarding the accident Subramanya Police registered a case in Cr.No.32/2020 against the rider of the bus for having committed offence punishable under Sec. 337, 338 IPC. As on the date of the accident Puttaraju being aged about 56 years used to earn Rs.20,000/- per month by doing business.
2. In response to the notice, the respondent No.2 insurance company appeared through his Advocate and on 05.07.2021 filed written statement denying the allegation regarding reason, mode of the accident, nature and consequence of the injuries suffered by the petitioner.
3. Inspite of service of notice, the respondent No.1 owner of the bus remained absent.
SCCH-1 4 MVC No.3216/2020
4. On 19.05.2023 wife and children of Puttaraju filed I.A.No.III under Order XXII Rule 3 of CPC., stating that on 05.06.2022 Puttaraju expired. After hearing submission made on behalf of both the parties and on verification of the records through order dated 30.05.2023 this authority allowed I.A.No.III, then on 07.06.2023 wife and children of Puttaraju inserted their names as petitioner No.1(a) to (c).
5. On the basis of the pleadings on 23.08.2021 this Authority has framed the following issues:
1. Whether the Petitioner proves that due to rash and negligent driving of Mini bus bearing Reg.No.KA-52-A-9472 by its driver accident has occurred on 30.08.2020 to the petitioner who was travelling as a passenger in the said Mini bus and he sustained grievous injuries in the accident?
2. Whether the petitioner is entitled for compensation? If so, what is the quantum of compensation and from whom?
3. What order?
6. On 22.06.2023, 02.08.2023, Vijayalakshmi wife of petitioner deposed as PW.1 and produced 14 documents at Exhibits P.1 to P.14. On 02.07.2024, respondent No.2 insurance company produced evidence of Pharmacist of SCCH-1 5 MVC No.3216/2020 Dhanush Hospital, Moodalapalya, Bengaluru as RW.1 and get produced 3 documents at Exs.R.1 to R.3.
7. I heard the arguments submitted on behalf of both contesting parties and perused the records.
8. On the basis of the materials placed on record, my findings on the above issues are as under:
Issue No.1 ... In the Affirmative, Issue No.2 ... In the Negative, Issue No.3 ... As per final order for the following:-
REASONS
9. Issue No.1:- In the evidence affidavit, PW.1 Vijayalakshmi wife of Puttaraju stated that on 30.08.2020 at 08.15 PM when Puttaraju was traveling by sitting in a bus No. KA-52-A-9472 as passenger along with the family members from Subramanya towards Bengaluru near Junior College, Subramanya, driver of the bus drove the same negligently, made the Mini Bus to jump road hump resulting in the burst of the Tyre kept inside the Mini bus resulting in the fracture of forehead, injuries to cheek, neck, head, face, chest of Puttaraju. Immediately after the accident, public and relatives have shifted Puttaraju to SCCH-1 6 MVC No.3216/2020 Government Hospital Subramanya, wherein first aid was given, then shifted to Dhanush Hospital, Bengaluru wherein treated then on 05.06.2022 Puttaraju expired due to some other reason.
10. In the written statement, respondent No.2 insurance company denied the allegation regarding the reason and mode of accident.
11. In the cross-examination PW.1 stated that she never witnessed the accident and Thrilok son of her elder sister informed about the accident. PW.1 stated that in Government Hospital, Subramanya first aid was given to her husband.
12. In the evidence RW.1 produced copy of inpatient bills at Ex.R2 & R3.
13. Ex.P1 & P2 are the copy of the FIR and complaint pertaining to Crime No.32/2020 of Subramanya Police Station registered on 02.09.2020 for the offence punishable under Section 337, 338 of IPC., against Puneeth, the driver of the bus No.KA-52-A-9472 regarding the incident taken place on 30.08.2020 at 08.15 PM on Subramanya- Bengaluru Road in front of Junior College, Subramanya i.e., burst of Tyre placed behind the driver seat of the bus SCCH-1 7 MVC No.3216/2020 resulting in the injuries to Puttaraju on the basis of the complaint presented by Thrilok B.V. S/o Vedamurthy.
14. Ex.P3 is the copy of spot Mahazar recorded on 10.09.2020. Ex.P4 is the copy of the sketch which shows that on the western part of the Subramanya-Kumaradhara road incident taken place (burst of the Tyre situated in the bus) resulting in the injuries to the passenger. In Ex.P5 Wound Certificate it is noted that on 31.08.020 at 5 PM at Dhanush Hospital, Bengaluru Puttaraju appeared with the history of the injuries suffered in accident taken place at 8.15 PM on 30.08.2020 when travelling by sitting in the bus No. KA-52-A-9472 from Kukke Subramanya temple towards Bengaluru. Ex.P6 is the Motor Vehicle Accident Report dated 19.09.2020. Ex.P7 is the copy of the Chargesheet filed by Subramanya Police in Crime No. 32/2020 against Puneeth S/o Shivanna Gowda, driver of the Mini bus No. KA-52-A-9472 for having committed the offences punishable under Sec. 337, 338 IPC & Sec.134(A) (B) IMV Acts regarding the accident or incident taken place on 30.08.2020 at 8.15 PM on the road situated in front of Junior College, Subramanya that is burst of tyre placed inside the bus resulting in the injuries to Puttaraju. SCCH-1 8 MVC No.3216/2020
15. In the file evidence of the eye witnesses are not recorded. In this case, at this stage, there are no reasons to disbelieve the contents of the police records regarding the reason and mode of the accident and consequences of the accident. Hence, I have concluded that on 30.08.2020 at 8.15 PM when Puttaraju was traveling by sitting in a Mini bus No. KA-52-A-9472 from Subramanya towards Bengaluru in front of Junior College, Subramanya driver of the bus drove the same negligently made the bus to jump a hump made Tyre placed behind the driver seat to burst thereby broke the glass of the bus spread or enter to the face of Puttarju thereby caused accident and caused grievous injuries to Puttaraju. Hence, I answer Issue No.1 in the Affirmative.
16. Issue No.2 : In the lengthy arguments learned advocate appearing for the petitioner i.e., wife and children by analyzing the evidence available on the file requested to award compensation as claimed in the petition.
17. In the lengthy arguments learned advocate for respondent No.2 by analyzing the evidence available in the file submitted the present petitioners who are the wife and SCCH-1 9 MVC No.3216/2020 children of Puttaraju are not eligible to receive compensation by relying on the following judgment.
1) MFA No.7001/2011 (MV) between Sri. Ramakrishna and another vs. Sri. T.S. Venkatesh and another DD 21.3.2019
2) MFA No. 359/2013 (MV) between M. Narayanappa since dead by his LRs., vs.M/s. Shiva Shakthi Bio- Planetic Ltd., and another DD 16.01.2014
3) MANU/RH/0496/2006 between Pushpendra Singh vs. Samay Singh @ Tofani and others DD 02.08.2006
18. In the evidence affidavit PW.1 Vijayalakshmi wife of Puttaraju stated that in the accident Puttaraju suffered injuries to cheek, neck, head, face, chest, fracture on forehead, took first aid at Government Hospital, Subramanya, then took treatment at Dhanush Hospital, Bengaluru as an inpatient by spending Rs.3,00,000/- and on 05.06.2022 due to some other reason expired.
19. In the written statement respondent No.2 insurance company denied the allegation regarding the nature and consequence of the injuries suffered by Puttaraju in the accident dated 30.08.2020.
20. In the cross-examination PW.1 stated that at the time of accident Puttarju was aged about 56 years in SCCH-1 10 MVC No.3216/2020 Dhanush Hospital glass pieces are removed from the body of Puttaraju. PW.1 stated that Puttaraju has taken treatment in Dhanush Hospital for a period of five days after discharge from the hospital, Puttaraju was recovered and then on 05.06.2022 Puttaraju expired due to bleeding in the head on account of high BP. PW.1 stated that Puttaraju expired in Florence Old age care centre after taking treatment in M.S. Ramaiah Hospital. PW.1 stated that herself and others are not in a position to look after due to brain hammerage and documents pertaining to the treatment given to Puttaraju at M.S. Ramaiah Hospital are not in her custody and those documents are in custody of Thrilok. PW.1 submitted ignorance to the question that bills produced at Sl. No.13 and 14 at Ex.P10 are hand written bills and those bills does not contain the dates. PW.1 denied the suggestion that she get created Ex.P10 bills for the purpose of this petition. PW.1 stated that herself and other petitioners spent Rs.3,00,000/- for treatment in Dhanush Hospital and denied the suggestion that in the Wound Certificate nature of the injuries suffered by Puttaraju are noted as simple. SCCH-1 11 MVC No.3216/2020
21. In the evidence RW.1 Pharmacist of Dhanush Hospital produced copy of the inpatient bill dated 30.05.2024 (3 pages) at Ex.R2 and stated that when Officer of the insurance company came to Dhanush Hospital made enquiry with hospital authorities verified records of the inpatient and bill shown by the insurance company put seal and signature which has been confronted and marked at Ex.R3. RW.1 stated that when the official of the insurance company came to Dhanush Hospital verified the bills, get signature and seal he was not present in the hospital and submitted inability to say the name of the person who made signature in the bill marked at Ex.R3.
22. In the cross-examination RW.1 stated and admitted that bill marked at Ex.P10 and R2 are issued by Dhanush Hospital and both are one and the same. RW.1 stated that except bill marked at Ex.P10 there are no other inpatient bill. RW.1 stated that original bill marked at Ex.R3 is not available in Dhanush Hospital.
23. In the Wound Certificate marked at Ex.P5 it is noted that since 31.08.2020 at 5 PM up to 03.09.2020 at 5 PM in Dhanush Hospital Puttaraju taken treatment for pressure injuries, multiple laceration over face, chest SCCH-1 12 MVC No.3216/2020 region and left upper limb, presence of the glass pieces in the wound. In the Wound Certificate, Medical Officer of Dhanush Hospital noted injuries noticed in the body of Puttaraju are simple in nature. Discharge Summary marked at Ex.P8 shows that in Dhanush Hospital, Puttaraju taken treatment to head injury, multiple facial injury, left upper limb injury from 31.8.2020 to 03.09.2020. Outpatient slip marked at Ex.P9 shows that on 30.08.2020 Puttaraju took the treatment at Community Health Center, Kadaba, Dakshina Kannada District. In the medical bills marked at Ex.P10, it is noted that Puttaraju spent Rs.2,01,556/- towards treatment, bill produced at Sl. No. 15 at Ex.P10 and bill marked at Ex.R2 shows that Dhanush Hospital has collected Rs.1,80,320/- for treatment provided to Puttaraju. In the bill marked at Ex.R3 it is noted that Dhanush Hospital has collected Rs.1,30,800/- towards treatment provided to Puttaraju from 31.08.2020 to 03.09.2020.
24. In the file there are no clarification regarding the difference in the quantum of money noted in the bills produced at Sl. No.15 of Ex.P10, Ex.R2 and R3. Hence, it is SCCH-1 13 MVC No.3216/2020 clear that the above referred bills are neither genuine nor entitled to be considered.
25. As referred above, in the evidence PW.1 Vijayalakshmi wife of Puttaraju stated that on 05.06.2022 due to some other reason i.e., at Florence Old Age Care Center after taking treatment in M.S. Ramaiah Hospital on account of bleeding in the head on account of high BP, Puttaraju expired. In the file, there are no evidence to show that on 05.06.2022 Puttaraju expired in consequence of the injuries suffered in the accident dated 30.08.2020. The evidence of PW.1 further shows that the petitioners have not taken care of Puttaraju during his final days.
26. The evidence available in the file shows that on 20.04.2021 the case reached to the stage of petitioner evidence then during lifetime till 05.06.2022 Puttaraju does not come forward to lead evidence. Hence, it is clear that the petitioners i.e., wife and children of the petitioner are not entitle to receive compensation. Hence, I answer Issue No.2 accordingly and pass the following :
ORDER Petition dated 29.09.2020 filed by Puttaraju S/o Gangappa who expired on 05.06.2022 then continued by SCCH-1 14 MVC No.3216/2020 his wife and children seeking compensation under Section 166 of IMV Act is hereby rejected.
Draw an Award accordingly.
(Dictated to the Stenographer Gr.I, transcribed by him, corrected, signed and then pronounced by me in the Open Court on this the 21 st day of August, 2024) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
ANNEXURE Witnesses examined on behalf of the petitioner:
P.W.1 : Vijayalakshmi - 22.06.2023, 02.08.2023 Documents marked on behalf of the petitioner:
Ex.P.1 Certified copy of FIR
Ex.P.2 Certified copy of Complaint
Ex.P.3 Certified copy of Spot Mahazar
Ex.P.4 Certified copy of Sketch
Ex.P.5 Certified copy of Wound Certificate
Ex.P.6 Certified copy of IMV Report
Ex.P.7 Certified copy of Charge Sheet
Ex.P.8 Discharge Summary
Ex.P.9 Medical Prescriptions (1 to 10 in Nos)
Ex.P.10 Medical bills ( 1 to 15 in Nos)
Ex.P.11 Notarized copy of Adhaar card of
deceased
Ex.P.12 Notarized copy of Adhaar card of PW.1
Ex.P.13 Notarized copy of Adhaar card of PW.1's
daughter Harshitha
Ex.P.14 Notarized copy of Adhaar card of PW.1's
son - Uday
SCCH-1 15 MVC No.3216/2020
Witnesses examined on behalf of the respondents :
RW.1 : Girish.D. - 02.07.2024 Documents marked on behalf of the respondents:
Ex.R1 Authorization Letter
Ex.R2 Copy of inpatient bill dated 30.05.2024
(3 pages)
Ex.R3 Copy of Bill
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.