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Bangalore District Court

In Smt. Stella Mary @ Marynalini Stella vs In 1. Smt. Padama Sridhar on 29 July, 2016

  BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
                 BANGALORE. (SCCH-11)

        DATED THIS 29th DAY OF JULY, 2016

     PRESENT: SRI. CHANDRASHEKARA. P.S. B.Com., L.L.B.
              I ADDL.SMALL CAUSES JUDGE & MACT

        M.V.C No.1100/2014 & MVC 1101/2014

PETITIONER IN       Smt. Stella Mary @ Marynalini Stella,
MVC 1100/2014:      W/o. Sri. Arogya Swamy,
                    Age : 48, Occ: Tailor,
                    No.17, 5th Cross, Subash Nagar,
                    Vidya Nagar, Shimoga.

PETITIONER IN       Shri. Sathish Kumar @ Satish,
MVC 1101/2014:      S/o. Anand,
                    Age: 33, Occ : Driver,
                    # 53, 3rd Cross, ITC Colony,
                    Jai Bharath Nagar, Coxtown,
                    Jeevanahalli, Bangalore - 05.
                    (Sri. Suresh M. Latur -------Advocate)

              - V/S     -
RESPONDENTS IN      1. Smt. Padama Sridhar,
BOTH THE CASES:     # 16, Sree Vihar, RMV IInd Stage,
                    Nagashetty Halli,
                    Bangalore - 94.
                    (Exparte)
                    2. The Manager,
                    ICICI Lombard General Insurance
                    Company Limited,
                    Hosur Main Road, 2nd Floor,
                    PVR Complex, Madivala,
                    Koramangala,
                    Bangalore - 68.

                    (Sri. K.M. Ravi............Advocate.)
                           *****
 SCCH - 11                         2           MVC No.1100 & 1101/2014




                      COMMON JUDGMENT

       These petitions are came to be filed by the petitioners

under       Section   166   of   Motor   Vehicle   Act    claiming

compensation of Rs.8,00,000/- and Rs.15,00,000/- with

interest at the rate of 18% p.a. from the date of accident till

the date of realization on account of the personal injuries

sustained by the petitioners in the Motor accident that took

place on 30.11.2013.


       2)     Since these petitions are arisen out of one

accident, they are clubbed together and common evidence

was recorded in MVC No.1100/2014.


       3)     The brief facts of the petitioners case are as

follows:

       That on 30.11.2013, the petitioners were traveling in a

Qualis Car bearing Regn. No.KA-25-M-9994 from Shringere

towards Nidhige, Shimoga District.         When the said Car

reached near Dr. Umashankar farm field on N.H.13 road at

about 5.30 p.m., the driver of the said Car driven the vehicle

in a rash and negligent manner with high speed and took

sudden turn. Due to which, he lost control over the Car and
 SCCH - 11                          3              MVC No.1100 & 1101/2014


the said Car was turtle down.          As a result, the petitioner

sustained grievous injuries. Immediately after the accident,

they were taken to Prashamani Hospital, Koppa, where first

aid treatment was given. Later, they were shifted to Sahyadri

Narayana Hospital, Shimoga. Later, the petitioner in No.MVC

No.1100/2014 was shifted to Malya Hospital, Bangalore and

petitioner in MVC 1101/2014 was shifted to Manipal

Hospital, Bangalore for better treatment and they were

treated     their   as    inpatient.   The     petitioner    in    MVC

No.1100/2014 have spent Rs.80,000/- towards his treatment

and conveyance expenses. Likewise, petitioner in MVC

1101/2014      have      spent   sum   of    Rs.6,00,000/-     towards

treatment and conveyance. Due to the accident, they suffered

permanent disability. The accident occurred due to the rash

and negligent driving of the Car by its driver.             Hence the

respondents, who are the RC owner and insurer are liable to

pay the compensation. Hence they prayed for allowing the

petition.


       4)    After service of notice, the respondent No.1

remained absent, hence he place exparte. Respondent No.2

has appeared through its counsel and filed common written
 SCCH - 11                       4            MVC No.1100 & 1101/2014


statement wherein, he denied the entire allegations made in

the petitions. He has further disputed the manner of accident,

nature of injuries sustained by the petitioners and quantum

of compensation claimed under different heads. He has

further contended that, the driver of the Qualis Car was not

holding valid and effective driving licence at the time of

accident and the said Car has no permit to ply in a public

place and the same was used without valid permit in violation

of the policy. Hence, it is not liable to pay any compensation.

Among the above grounds, he prayed for dismissal of the

petitions.


       5)    On the basis of the above rival pleadings, the

following issues have been framed:

                  ISSUES IN MVC 1100/2014:

                   1. Whether petitioner proves that,
             on 30.11.2013 at about 5.30 p.m,
             when she was traveling in a Qualis Car
             bearing     No.KA-25-M-9994        from
             Shringere towards Nidhige, Shimoga
             district and when reached near
             Dr.Umashankar farm filed on NH-13
             Road, at that time, driver of said car
             driven the same in rash and negligent
             manner endangering human life by
             which car turtle down and petitioner
             sustained grievous injuries?
 SCCH - 11                      5            MVC No.1100 & 1101/2014


                  2. Whether respondent No.2
            proves that, as on the date of accident,
            the driver of offending car was not
            holding valid and effective driving
            licence and the respondent No.1
            allowed the said vehicle to ply on the
            road without valid permit and has
            violated the terms and conditions of
            insurance policy ?

                  3. Whether petitioner is entitled
            for the compensation? If so, what is
            quantum of the compensation and
            from whom?

                 4. What Order or award ?


                   ISSUES IN MVC 1101/2014:

                  1.   Whether petitioner proves
            that, on 30.11.2013 at about 5.30 pm,
            when he was traveling in Toyota Qualis
            Car bearing No.KA-25-M-9994 from
            Shringere to Nidhege in Shimoga
            district and when said vehicle reached
            near Umashankar farm filed on NH-13
            Road, at that time, the driver of said
            vehicle driven the same in rash and
            negligent manner endangering human
            life with high speed by which vehicle
            turtle down and petitioner sustained
            grievous injuries?

                  2.   Whether respondent No.2
            proves that, as on the date of accident,
            the driver of Toyota Qualis car bearing
            No.KA-25-M-9994 was not holding
            valid and effective driving licence and
            said vehicle plied on the road without
            valid permit and the respondent No.1
 SCCH - 11                           6               MVC No.1100 & 1101/2014


                violated terms and        conditions         of
                insurance policy ?

                      3. Whether petitioner is entitled
                for the compensation as prayed in the
                claim petition? If so, what is quantum
                of the compensation and from whom?

                     4. What Order or award?


           6)   During the course of trial, in order to prove the

petitioners       case,   they   have   filed    affidavit    in   lieu   of

examination-in-chief and examined as PW.1 and PW.2.

Besides their evidence, they have examined the Doctors who

treated them as PW.3 to 5. Apart from their oral evidence,

they have produced 50 documents and got them marked as

Ex.P.1 to 50 and closed their side evidence. The 2nd

respondent did not adduced any oral evidence nor produced

any documents.


           7)   I have heard the arguments of learned counsel

appearing for the petitioners and respondent No.2.


       8)       My findings to the above issues are as follows:
       [




                            In MVC 1100/2014

    Issue No.1       :     In the affirmative;
    Issue No.2       :     In the Negative;
 SCCH - 11                          7             MVC No.1100 & 1101/2014


    Issue No.3    :     Partly Affirmative; the petitioner is
                        entitled for compensation of
                        Rs.2,60,000/- with interest @ 6%
                        p.a. from the date of petition till
                        realization, from respondents.

    Issue No.4    :     As per final order, for the following:

                            In MVC 1101/2014
    Issue No.1    :     In the affirmative;
    Issue No.2    :     In the Negative;
    Issue No.3    :     Partly Affirmative; the petitioner is
                        entitled    for  compensation      of
                        Rs.6,06,540/- with interest @ 6%
                        p.a. from the date of petition till
                        realization, from respondents.

    Issue No.4    :     As per final order, for the following:


                            REASONS

       9) ISSUES NO.1 AND 2 IN MVC No.1100/2014 &
ISSUE No.1 and 2 in MVC 1101/2014:

       Since these issues are inter connected, to avoid the

repetition, they have been taken together for discussion. It is

the specific case of the petitioner that, they sustained

grievous    injuries   in   the   accident    that   took   place    on

30.11.2013 near Dr. Umashankar farm field on N.H.13 road,

due to the rash and negligent driving of the offending vehicle

by its driver. The respondent No.2 disputed the involvement

of the offending vehicle and the rash and negligent on the
 SCCH - 11                       8             MVC No.1100 & 1101/2014


part of the driver of the offending vehicle. When respondent

No.2 denied the involvement of the Qualis Car and negligence

on the part of the driver of the Car, it is for the petitioners to

prove the negligence and involvement of the Qualis Car in the

accident. In order to prove the negligence on the part of the

driver of the Qualis Car. PW.1 and 2 have categorically stated

in their evidence as to how the driver of the Car driven the

vehicle and the manner in which, the accident occurred.

According to them, due to the rash and negligent driving of

the Car by its driver, the said accident occurred and he is

solely responsible for the accident. In support of their oral

evidence, they have produced FIR, complaint, charge sheet,

mahazar, sketch, IMV report as per Ex.P.1 to P.6. On perusal

of these documents, Ex.P.1 indicates that, the criminal case

was registered against the driver of the Car for having driven

the vehicle in a rash and negligent manner. Ex.P.2 indicates

that, one S. Barnad lodged the complaint against the driver of

the Car for having driven the Car in a rash and negligent

manner. Ex.P.3 reveals that, the driver of the Car was charge

sheeted for the offence punishable Under Section 279, 337

and 338 of IPC. On perusal of these documents, it is crystal
 SCCH - 11                       9             MVC No.1100 & 1101/2014


clear that, the accident occurred only due to the rash and

negligent driving of the Car by its driver.


       10) The oral testimony of PW.1 and 2 are coupled with

the documentary evidence of Ex.P.1 to 6.             Though 2nd

respondent has cross-examined the PW.1 and 2, nothing has

been elicited from them to disprove the negligence on the part

of the driver of the Car.      Further, the restoration of the

criminal case against the driver of the Car for having driven

the vehicle in a rash and negligent manner with high speed

that itself prima facie proves the actionable negligence on the

part of the driver of the Car. Moreover, Ex.P.6 IMV report

indicates that, the accident occurred not due to any

mechanical defect of the Car.       Under the circumstances, I

have no hesitation to record findings that, the accident

occurred due to the rash and negligent driving of the Car by

its driver.   More so, the respondent No.2 has not led any

rebuttal evidence to rebut the petitioners case.            In the

absence of cogent oral as well as documentary evidence,

though respondent No.2 has cross-examined the PW.1 and 2,

it cannot be said that, the said Car was not involved in the

accident.
 SCCH - 11                     10           MVC No.1100 & 1101/2014




       11)   It is the case of the respondent No.2 that, the

offending vehicle has no permit to ply in a public place and

the driver of the said Car was not holding valid and effective

driving licence at the time of accident. Though he has taken

such plea to substantiate such facts, he neither entered into

the witness box nor produced any documents.        Further, he

has not examined the driver of the Car. Further, no attempt

was made to get the DL particulars of the driver of the said

Car and permit in the concerned RTO. In the absence of

cogent oral as well as documentary evidence, the contention

of the respondent No.2 that, the offending vehicle has not

permit as on the date of accident and the driver was not

holding valid and effective driving licence cannot be believed

and there is no force to accept such contents. In view of the

above discussion, I answered issue No.1 in MVC 1100/2014

and 1101/2014 are in the Affirmative and issue No.2 in MVC

No.1100/2014 and MVC No.1101/2014 are in the Negative.


       12) Issue No.3 in MVC No.1100/2014: According to

the petitioner in MVC No.1100/2014, he had sustained

grievous injuries as mentioned in wound certificate Ex.P.13.

On perusal of Ex.P.13 wound certificate, it goes to show that,
 SCCH - 11                     11            MVC No.1100 & 1101/2014


he has sustained the fracture of the left orbit and anterior

wall with muscle entrapment. According to the Doctor, who

examined the petitioner, the above said injury is grievous in

nature. It has come in the evidence of PW.1 that, she took

treatment as inpatient for one day at Manipal Hospital,

Bangalore and later she took treatment at Malya Hospital as

inpatient from 02.12.2013 to 09.12.2013. During that period,

on 03.12.2013, under GA fracture expose, exploration,

muscle entrapment release, PDS plate insertions and closure

of wound in layer. PW.5 who is the doctor treated the

petitioner has stated in his evidence that, the petitioner

underwent surgery for his fracture. He has further stated

that, the petitioner complains of pain, headache in the left

orbit, diplopic some times, unable to do any work. He has

further stated that, because of the accidental injuries the

petitioner has disability of 5% face and it may come in the

way of tailoring work.   Though, the respondent No.2 cross-

examined the PW.2 regarding the disability, nothing is elicited

from him to disprove the disability. According to the doctor,

the petitioner has 5% disability for her face. But he has not

stated any disability to the whole body or particular limb.

Under the circumstances, I feel the disability caused to the
 SCCH - 11                              12                  MVC No.1100 & 1101/2014


petitioner is not a functional disability. As such, she is not

entitled the compensation under the head loss of earning

capacity and future income, however, since she has disability

all her face.     She is entitled compensation under the head

permanent disability. Hence, I award a sum of Rs.50,000/-

towards permanent disability.


       13) According to the petitioner, she sustained fracture of

the left orbit with muscle entrapment and took treatment at

Manipal and Malya Hospital, Bangalore as inpatient from

02.12.2013 to 09.12.2013. Considering the nature of the

injuries and duration of the hospitalization, I feel the

petitioner has been put to some sort of inconvenience and

discomfort and she might have suffered pain and mental

agony       on   account        of   accidental        injuries.   Under      the

circumstances,      it     is    reasonable       to     award     a   sum      of

Rs.40,000/- and Rs.20,000/- towards pain and suffering and

loss of amenities in life. Accordingly, I award Rs.40,000/-

and Rs.20,000/- towards pain and suffering and loss of

amenities in life.
 SCCH - 11                           13              MVC No.1100 & 1101/2014


       14)    According to PW.1, she has spent Rs.1,00,000/-

towards her treatment, conveyance and other incidental

charges. In this regard, she has produced medical bills of

Ex.P.39, 11 in numbers. On perusal of these medical bills,

they indicates that, she has spent Rs.1,11,964/-.                   Here,

though respondent No.2 has cross-examined PW.1, nothing

has been elicited from her to disprove the medical bills.

Further, the medical bills are supported by the doctor

prescriptions.    In    view   of   these,   I    award     a   sum      of

Rs.1,12,000/- (rounded off) towards medical expenses.


       15) It has come in the evidence of PW.1, she was hale

and healthy prior to the accident and was doing tailoring

work, thereby earning Rs.8,000/- per month. But, nothing is

placed      on record    to substantiate         such fact.     However,

considering the nature of the avocation and age of the

petitioner, I constrain to assess the income of the petitioner is

Rs.6,000/- per month taking into consideration, the nature of

the injuries and duration of hospitalization, I feel the

petitioner must have taken a rest for the period of three

months on account of accident. Under the circumstances, I
 SCCH - 11                             14            MVC No.1100 & 1101/2014


award a sum of Rs.18,000/- towards loss of income during

the laid up period.


       16)       According to the petitioner, she has spent

considerable amount towards conveyance, attendant charges,

food and nourished food. But nothing is placed on record to

substantiate such fact. However, considering the nature of

the injuries and duration of hospitalization, I feel it is

reasonable       to   award      a   sum    of   Rs.20,000/-      towards

conveyance, attendant charges, food and nourished food.


       17)     Thus      in   all,   the   petitioner    is   entitled   to

compensation as under:


      1)     Permanent disability            Rs.          50,000/-

      2)     Pain and suffering              Rs.         40,000/-

      3)     Loss of amenities in life       Rs.         20,000/-

      4)     Medical expenses                Rs.        1,12,000/-

      5)     Loss of income during           Rs.         18,000/-
             laid up period


      6)     Towards      conveyance,
             attendant charges, food Rs.                 20,000/-
             and nourished food

             Total Rs.                       Rs.        2,60,000/-
 SCCH - 11                        15              MVC No.1100 & 1101/2014




       18)   ISSUE No.3 IN MVC 1101/2014:               According to

the petitioner in MVC 1101/2014, he had sustained injuries

as mentioned in Ex.P.15 wound certificate. On perusal of

wound certificate, it is clear that, the petitioner sustained the

following injuries.


       19) Posterior dislocation of left elbow, 2) Degloving

injuries around the left elbow. According to the doctor, the

above said injuries are grievous in nature. PW.2 has stated in

his   evidence   that,   he   sustained     fracture   injuries    and

underwent surgery for his fracture at Manipal hospital,

Bangalore. He has further stated that, he took treatment as

inpatient from 01.12.2013 to 12.12.2013, during that period,

he underwent surgery twice. PW.3 who is the doctor treated

the petitioner has stated in his evidence that, he has treated

the petitioner along with other doctors. He has further stated

that, he was conducted a surgery for the injuries sustained by

the    petitioner.    On      03.12.2013,     wound       inspection,

debridement and change of dressing done under GA on

03.12.2013. He has further stated that, Antero-lateral thigh

flap cover from right thigh and skin grafting from right thigh

was done under GA on 05.12.2013. He has further stated
 SCCH - 11                        16             MVC No.1100 & 1101/2014


that, the petitioner has 40% disability to the upper limb and

12.5% to the whole body. He has further stated that, because

of the above said disabilities, it is difficult for the petitioner to

work as a driver and also difficult to do any physical and

manual work. PW.4 who is also the doctor treated the

petitioner has stated in his evidence that, the petitioner has

pain and restriction of movements and loss of muscle power

to left elbow joint. He has further stated that, the petitioner

has permanent disability of 35% in relation to left upper limb

and 12% to the whole body. Though, PW.3 and 4 have cross-

examined by the respondent, nothing is elicited from him to

disprove the disability assessed by them.                Under the

circumstances, there is no reasons to disbelieve the evidence

of PW.3 and 4 in relation to the whole body of the petitioner.

Hence, 12% disability is taken into consideration to assess

the loss of earning capacity and future income. According to

the petitioner, he was a driver by profession and thereby

earning a sum of Rs.15,000/- per month, but nothing is

placed on record to substantiate his avocation and income.

However, considering the nature of the injuries, avocation

and age of the petitioner, I constrain to assess the income of

the petitioner at Rs.6,000/- per month.           The age of the
 SCCH - 11                             17             MVC No.1100 & 1101/2014


petitioner at the time of the accident as mentioned in wound

certificate was 33 years as on the date of accident. Hence,

proper      multiplier   is    '16'   as   per   Sarla    Verma      Case.

Considering the income, age and disability, if a sum of

Rs.1,38,240/- is awarded towards loss of earning capacity

and future income, it would meets the ends of justice. Hence,

I award Rs.1,38,240/- towards loss of earning capacity and

future income.


       20) According to the petitioner, he sustained fracture

injuries and took treatment at Manipal Hospital from

01.12.2013 to 12.12.2013 as inpatient. Considering the

nature of the injuries and duration of the hospitalization, I

feel the petitioner has been put to some sort of inconvenience

and discomfort and she might have suffered pain and mental

agony       on   account      of   accidental    injuries.   Under      the

circumstances, it is reasonable to award sum of Rs.50,000/-

and Rs.20,000/- towards pain and suffering and loss of

amenities in life. Accordingly, I award Rs.50,000/- and

Rs.20,000/- towards pain and suffering and loss of

amenities in life.
 SCCH - 11                      18           MVC No.1100 & 1101/2014




       21)   According to PW.2, he has spent Rs.4,50,000/-

towards his treatment. In this regard, he has produced

medical bills of Ex.P.31, 73 in numbers. On perusal of these

medical bills, they indicates that, he has spent Rs.3,44,268/-.

Here, though respondent No.2 has cross-examined PW.2,

nothing has been elicited from him to disprove the medical

bills. Further, the medical bills are supported by the doctor

prescriptions. In view of this, I award a sum of Rs.3,44,300/-

(rounded off) towards medical expenses.



       22) It has come in the evidence of PW.1 that, due to the

accidental injuries, he could not attend his duty. Thus, he

lost his income. But, nothing is placed on record to

substantiate such fact.   However, considering the nature of

injuries and duration of hospitalization, I feel, he must have

taken a rest for the period of four months. I have already

assess the income of the petitioner is Rs.6,000/- per month.

Hence, I award a sum of Rs.24,000/- towards loss of income

during the laid up period. Under the circumstances, I award a

sum of Rs.24,000/- towards loss of income during the laid

up period.
 SCCH - 11                        19           MVC No.1100 & 1101/2014




     23)     PW.2 has stated in his evidence that, he has to

undergo one more surgery for which, he has spent about

Rs.2,50,000/-. But, nothing is placed on record to show that,

he has to undergo one more operation. PW.3 and 4 who are

the doctors treated the petitioners have also not stated in

their evidence. Petitioner has to undergo one more surgery in

the absence of cogent documentary evidence, the evidence of

PW.2 to the effect that, he has to undergo one more operation

for which, he requires Rs.2,50,000/- cannot be believed and

there is no force to accept such evidence. Under the

circumstances, I am of the opinion that, the petitioner is not

entitled to compensation under the head future medical

expenses.


       24)     According to the petitioner, she has spent

considerable amount towards conveyance, attendant charges,

food and nourished food. But nothing is placed on record to

substantiate such fact. However, considering the nature of

the injuries and duration of hospitalization, I feel it is

reasonable     to   award   a   sum   of   Rs.30,000/-     towards

conveyance, attendant charges, food and nourished food.
 SCCH - 11                          20           MVC No.1100 & 1101/2014


       25)     Thus in all, the petitioner in MVC No.1100/2014

is entitled to compensation as under:


     1)     Loss of earning capacity      Rs.       1,38,240/-

     2)     Pain and suffering            Rs.         50,000/-

     3)     Loss of amenities in life     Rs.         20,000/-

     4)     Medical expenses              Rs.       3,44,300/-

     5)     Loss of income during laid    Rs.         24,000/-
            up period


     6)     Towards         conveyance, Rs.           30,000/-
            attendant charges, food and
            nourished food

            Total Rs.                     Rs.      6,06,540/-



       26)     The respondent No.1 is the owner of the offending

vehicle and respondent No.2 is the insurer of the said vehicle.

The respondent No.2 is liable to indemnify the respondent

No.1. So, I hold that in MVC No.1100/2014, petitioner is

entitled for compensation of Rs.2,60,000/- along with interest

@ 6% p.a. from the date of petition from respondent No.2, till

complete realisation. In MVC No.1101/2014, petitioner is

entitled for compensation of Rs.6,06,540/- along with interest

@ 6% p.a. from the date of petition from respondent No.2, till
 SCCH - 11                            21             MVC No.1100 & 1101/2014


complete realisation. Accordingly, I answer this issue No.3 is

partly affirmative in both cases.


       27)        ISSUE No.4: In view of answers to issues No.1 to

3 in both cases, I proceed to pass the following:


                                ORDER

Petitions filed by the petitioners under Section 166 of Motor Vehicle Act are hereby partly allowed with costs.

Accordingly, a sum of Rs.2,60,000/- and Rs.6,06,540/- are awarded to the petitioners in MVC 1100/2014 and MVC No.1101/2014 respectively as compensation with interest at the rate of 6% p.a. from the date of petitions till the date of realization.

Respondents No.1 and 2 are jointly and severally liable to pay the said compensation. In order to indemnify the petitioners, the respondent No.2 shall deposit the compensation amount within a period of 30 days from this day.

In case of deposit of the awarded compensation by the respondents, 50% each shall be deposited in F.D in the name of petitioners in any nationalized or scheduled SCCH - 11 22 MVC No.1100 & 1101/2014 bank for the period of 3 years, failing to furnish the particulars, the same shall be deposited in Karnataka Bank, City Civil Court Branch, Bangalore.

Remaining 50% each shall be released to the petitioners through account payee crossed cheque, on proper identification and verification.

Advocate fee is fixed at Rs.1,000/- in each case.

Office to draw award accordingly.

(Original copy of Judgment shall be kept in MVC 1100/2014 and copy of the same shall be kept in MVC 1101/2014.) (Dictated to the Stenographer, directly on computer, corrected and pronounced by me in open court on this 29th day of July, 2016.) (CHANDRASHEKARA. P.S.) I ADDL.SMALL CAUSES JUDGE & XXVII ACMM ANNEXURE WITNESSES EXAMINED FOR PETITIONERS:

PW.1 - Stella Mary @ Stella Marynalini PW.2 - Satish Kumar @ Satish SCCH - 11 23 MVC No.1100 & 1101/2014 PW.3 - Dr. Sunil Kumar.K.S. PW.4 - Dr. Raghavendra Reddy.R. PW.5 - Dr. R. Shashikanth DOCUMENTS MARKED FOR PETITIONERS:
Ex.P.1      -   True copy of FIR
Ex.P.2      -   True copy of Complaint
Ex.P.3      -   True copy of Charge sheet
Ex.P.4      -   True copy of Panchanama
Ex.P.5      -   True copy of hand sketch map
Ex.P.6      -   True copy of IMV report
Ex.P.7      -   True copy of photos
Ex.P.8      -   True copy of statement
Ex.P.9-11 -     True copy of statement
Ex.P.12     -   Notary attested copy of Aadhaar card
Ex.P.13     -   True copy of Wound Certificate
Ex.P.14     -   True copy of statement
Ex.P.15     -   True copy of wound certificate
Ex.P.16     -   Discharge summary
Ex.P.17     -   OP case sheet
Ex.P.18     -   Outpatient record
Ex.P.19     -   Estimate issued by Manipal Hospital
Ex.P.20     -   Dressing Protocol report
Ex.P.21     -   Microbiology report
Ex.P.22     -   Physiotherapy report
Ex.P.23     -   Microbiology report
Ex.P.24     -   Physiotheraphy report
Ex.P.25&26-     2 microbiology report
Ex.P.27     -   ECG test report
 SCCH - 11                        24          MVC No.1100 & 1101/2014


Ex.P.28     -     Notary attested copy of driving licence
Ex.P.29 & 30-     2 photos
Ex.P.30(a) -      Photo negative
Ex.P.31     -     73 Medical bills
Ex.P.32     -     4 medical prescriptions
Ex.P.33-36 -      4 X-rays
Ex.P.37     -     Attested copy of discharge summary
Ex.P.38     -     Attested copy of discharge summary
Ex.P.39     -     11 medical bills
Ex.P.40     -     12 medical prescriptions
Ex.P.41     -     One X-ray
Ex.P.42     -     Another X-ray
Ex.P.43     -     Medical bill
Ex.P.44     -     Inpatient record
Ex.P.45     -     One OPD sheet
Ex.P.46     -     Lab report
Ex.P.47     -     One X-ray
Ex.P.48     -     Disability assessment
Ex.P.49     -     Inpatient records of petitioner
Ex.P.50     -     One X-ray with report

WITNESSES EXAMINED FOR RESPONDENTS :
- NIL -
DOCUMENTS MARKED FOR RESPONDENTS :
       -    NIL     -




                                      I ADDL.SCJ. & MACT.