Bangalore District Court
Shaik Shaheena vs Reliance Gen Ins Co Ltd on 18 January, 2025
KABC020053342023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 18th DAY OF JANUARY, 2025
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.1105/2023
PETITIONERS: 1. Shaik Shaheena,
W/o. Late Saik Allauddin,
Aged about 31 years;
2. Shaik Mohammed Aynul Haq,
S/o.LateShaik Allauddin,
Aged about 7 years.
Since petitioner No.2 is minor
represented by his mother Shaik
Shaheena as a natural guardian.
Both R/at No.6-71, Billur
Varipalli, B.Kothakota Mandal,
Kotuvooru Chittoor,
Andhrapradesh-517 325,
(Now at Bengaluru).
(By Smt. A.Asha, Advocate)
-Vs-
RESPONDENTS:1. Reliance General Insurance Company
Ltd., No.28, 5th floor, Centenary
SCCH-1 2 MVC No.1105/2023
Building, East Wing, M.G.Road,
Bengaluru-560 001.
(Policy No.120122223490006607
Valid from 01.10.2022 to 30.09.2023)
(Insurer of vehicle No.TN-54-B-7799)
(By Sri.Gururaj Salur, Advocate)
2. S.Gopinath,
S/o. Selvaraj,
Door No.255, New No.152,
1st floor, Thambuchetty Street,
Chennai, Tamil Nadu-600 001.
(Owner of vehicle No.TN-54-B-7799)
(Absent)
JUDGMENT
Wife and child of Shaik Allauddin filed petition under
Section 166 of IMV Act claiming compensation worth of
Rs.50,00,000/- from the respondents, who are the insurer
and owner of the lorry bearing No.TN-54-B-7799 alleging
that on 27.12.2022 at 9.00 a.m. when Shaik Allauddin
riding motorcycle bearing No.AP-39-HU-1325 on Angallu
Kadiri main road, at MITS College, Angalu village,
Kurabalakota Mandal, Andhra Pradesh, driver of lorry
bearing No.TN-54-B-7799 drove the same negligently
without indication signal, took right turn, then dashed the
SCCH-1 3 MVC No.1105/2023
same to the motorcycle, thereby caused the accident,
caused instantaneous death of Shaik Allauddin.
2. As on the date of accident, Shaik Allauddin being
aged 38 years, used to earn Rs.25,000/p.m. by working as
Service Manager in Mahendra Company and used to
contribute the entire income to the family.
3. Regarding accident Mudiveedu police registered a
case in crime No.149/2022 against the driver of lorry
bearing No.TN-54-B-7799.
4. In response to the notice, respondent No.1
insurance company appeared through his Advocate filed
written statement denying the allegation regarding reason
and mode of accident, age, occupation, income of the
Shaik Allauddin.
5. Inspite of the service of notice, respondent No.2
owner of the lorry remained absent.
6. On the basis of the pleadings on 29.08.2024, this
Authority has framed the following issues:
1. Whether the petitioners prove that, on
27.12.2022 at about 09.00 a.m., on MITS
College, Angallu – Kadri main road, Angallu
village, Kurabalakota Mandal, Andhra Pradesh,
in view of the negligent use of Lorry bearing
registration No.TN-54-B-7799 accident taken
SCCH-1 4 MVC No.1105/2023place resulting in the death of Shaik Allauddin
s/o Shaik Abdul Rasheed?
2. Whether the petitioners are entitled to
compensation? If so, how much and from
whom?
3. What order?
7. On 16.07.2024, 29.08.2024, petitioner No.1-Shaik
Shaheena deposed as P.W.1 and produced 14 documents at
Ex.P.1 to P.14. On 10.01.2025, learned advocate appearing for
the Insurance Company produced six salary slips of Shaik
Allauddin at Ex.R.1.
8. I heard the arguments submitted on behalf of both
the contesting parties and perused the records.
9. On the basis of material on record, my findings on
the above issues are as under:
Issue No.1 … In the Affirmative,
Issue No.2 … Petitioners are entitle to receive
Rs.26,05,000/- with current
and future interest at 6% p.a. from
the respondents as compensation.Issue No.3 … As per final order
for the following:-
REASONS
10. Issue No.1 :- In the evidence P.W.1 stated that
on 27.12.2022 at 9.00 a.m., when her husband Shaik
SCCH-1 5 MVC No.1105/2023
Allauddin riding motorcycle bearing No.AP-39-HU-1325 on
Angallu Kadiri main road, at MITS College, Angalu village,
Kurabalakota Mandal, driver of lorry bearing No.TN-54-B-
7799 drove the same negligently without indication signal,
took right turn, dashed the same to the motorcycle,
thereby caused the accident, caused instantaneous death
of Shaik Allauddin.
11. In the written statement respondent No.1 denied
the allegation regarding reason and mode of accident.
12. In the cross-examination, P.W.1 stated that she
never witnessed the accident.
13. Exs.P.1 and P.2 are the copies of FIR and
complaint pertaining to crime No.149/2022 registered by
Mudiveedu police against the driver of the lorry bearing
No.TN-54-B-7799 for having committed offence punishable
under Section 304(A) of IPC on the basis of the complaint
filed by P.W.1. Ex.P.3 is the copy of P.M.Report, Exs.P.4
and 5 are the copy of Inquest Mahazar and translation
copy of inquest Mahazar, Ex.P.6 is the copy of IMV Report,
Ex.P.7 and 8 are the copy of Sketch and translation copy of
Sketch, ExP.9 is the copy of the charge sheet filed by
SCCH-1 6 MVC No.1105/2023
Mudiveedu police in crime No.149/2022 against
E.Murugan. S/o.Erulapandian, driver of lorry bearing
No.TN-54-B-7799 for having committed offence punishable
under Section 304(A), 279 of IPC and Section 134(B) r/w
187 of M.V.Act. Ex.P.10 is the copy of Death Certificate of
Shaik Allauddin.
14. In the police records name of Shaik Allauddin is
noted as rider of motorcycle bearing No.AP-39-HU-1325
and victim of accident.
15. In this case the respondents have not produced
any evidence to disbelieve the evidence placed by P.W.1
regarding reason, mode and consequence of accident.
16. Hence, I have concluded that on 27.12.2022 at
9.00 a.m. when Shaik Allauddin riding motorcycle bearing
No.AP-39-HU-1325 on Angallu Kadiri main road, at MITS
College, Angalu village, Kurabalakota Mandal, Andhra
Pradesh, E.Murugan, s/o.Erulapandian negligently drove
the lorry bearing No.TN-54-B-7799 without furnishing
indication or signal, took right turn, dashed the same to
the motorcycle, thereby caused the accident, caused
SCCH-1 7 MVC No.1105/2023
instantaneous death of Shaik Allauddin. Hence, I answer
issue No.1 in the affirmative.
17. Issue No.2: In the lengthy argument learned
Advocate appearing for the petitioners by analyzing the
evidence available in the file, requested to award
compensation as claimed in the petition by the petitioners
by relying on the judgment of Hon’ble Apex Court dated
31.10.2017 passed in Special Leave petition (Civil)
No.25590/2014 (National Insurance Co. Ltd. Vs. Pranay
Sethi and others).
18. In the lengthy argument learned Advocate
appearing for the respondent No.1-Insurance Company by
analyzing the evidence available in the file, requested to
award compensation by considering the salary slips
marked at Ex.R.1.
19. In the light of the submission made on behalf of
both the parties and with reference to the judgment cited
above, I have estimated the compensation.
20. In the evidence P.W.1 stated that as on the date
of accident her husband used to earn Rs.25,000/- p.m. by
SCCH-1 8 MVC No.1105/2023
working as Service Manager in Mahendra Company and
used to contribute entire income to the family.
21. In the written statement respondent No.1
Insurance Company denied the allegation regarding
occupation and income of the deceased.
22. In the cross-examination P.W.1 denied the
suggestion that as on the date of accident, her husband
neither working as a Service Manager at Mahindra
Company nor earning Rs.25,000/- p.m.
23. In the copy of Aadhar card marked at Ex.P.13
date of birth of Shaik Allauddin is noted as 24.07.1984.
The copies of the Aadhar cards marked at Ex.P.11 and 12
shows that petitioners are the wife and son of Shaik
Allauddin. Ration card marked at Ex.P.14 shows that
petitioners are the wife and child of Shaik Allauddin.
Salary slips marked at Ex.R.1 shows that during July,
2022, August 2022, September 2022, October 2022,
November 2022 and December 2022 Shaik Allauddin being
Service Incharge at Balaji Agencies and Industries earned
Rs.11,800/-, Rs.11,800/-, Rs.11,800/-, Rs.13,800/-,
Rs.13,800/- Rs.13,800/- p.m. respectively as gross salary.
SCCH-1 9 MVC No.1105/2023
In this case there are no reasons to disbelieve the contents
of salary slips marked at Ex.R.1 about occupation and
income of the deceased Shaik Allauddin.
24. Hence, I have calculated compensation under the
head of loss of dependency in the following terms:
Age of the deceased Shaik Allauddin as on – 38 years
the date of accident –
Monthly income of deceased Shaik Allauddin – Rs.13,800/-
as on the date of accident
Add : 50% towards future prospects – Rs.20,700/-
(13,800 + 6900/-)
Less : 1/3rd towards personal expenses of – Rs.13,800/-
the deceased Shaik Allauddin (20,700/- –
6,900/- = 13,800/-)
Annual income of the deceased 13,800/- x12 – Rs.1,65,600/-Multiplier Applicable 15
Loss of dependency 1,65,600/-x15 – Rs.24,84,000/-
25. Hence, I award Rs.24,84,000/- towards loss of
dependency, Rs.16,500/- towards loss of estate,
Rs.16,500/- towards funeral expenses, Rs.88,000/-
towards consortium to petitioner No.1 & 2 at the rate of
Rs.44,000/- each.
26. Hence, I came to the conclusion that the
petitioners being wife, child of deceased Shaik Allauddin
SCCH-1 10 MVC No.1105/2023
are entitle to receive Rs.26,05,000/- with current and
future interest at the rate of 6% p.a. as compensation from
the respondents.
Sl.No. Head of Compensation Amount/Rs
1. Loss of dependency 24,84,000-00
2. Loss of estate 16,500-00
3. Funeral expenses 16,500-00
4. Loss of Consortium to 88,000-00
petitioners No.1 and 2 at
Rs.44,000/each
Total 26,05,000-00
Hence, I answer issue No.2 accordingly.
27. Issue No.3: In the written statement the
respondent No.1-Insurance Company admitted the
subsistence of policy with respect to Lorry bearing No.TN-
54-B-7799 as on the date of accident. In the file there are
no evidence to show that as on the date of accident
respondent No.2 owner of the lorry bearing No.TN-54-B-
7799 has violated any terms of the policy. Hence, I came
to the conclusion that the respondents being the insurer
and owner of the lorry bearing No.TN-54-B-7799 are liable
to pay compensation and an award is to be passed
directing the respondents No.1 and 2 to pay compensation
SCCH-1 11 MVC No.1105/2023
to the petitioners, Hence, I answer issue No.3 accordingly
and pass the following:
ORDER
The petition filed under Section 166 of IMV Act is
hereby partly allowed.
The respondents No.1 and 2 being the insurer and
owner of lorry bearing No.TN-54-B-7799 shall either jointly
or severally pay Rs.26,05,000/- (Rupees Twenty six lakhs
five thousand only) with current and future interest at the
rate of 6% p.a., to petitioners towards compensation.
The respondent No.1, being the Insurer of the lorry
bearing No.TN-54-B-7799 shall deposit the compensation
amount with interest within 3 months from today.
The compensation amount and interest are distributed
among petitioners equally.
After deposit of the compensation amount, entire
compensation amount and interest allotted in favour of
petitioner No.1 may be released by crediting the same to
their respective bank accounts directly.
Entire compensation allotted in favour of minor
petitioner No.2 shall be deposited in his name in any
SCCH-1 12 MVC No.1105/2023bank till he attains the age of 19 years without permitting
to create any encumbrances.
Advocate’s fee is fixed at Rs.1,000/- .
Draw an Award accordingly.
(Dictated to the Stenographer-I, transcribed by her, corrected,
signed and then pronounced by me in the Open Court on this
the 18th day of January, 2025)(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.
ANNEXURES
Witnesses examined on behalf of the petitioners:
P.W.1 : Shaik Shaheena dt. 29.08.2024
Documents marked on behalf of the petitioners:
Ex.P.1 True copy of FIR with complaint
Ex.P.2 Translation copy of complaint
Ex.P.3 True copy of Postmortem report
Ex.P.4 True copy of inquest report
Ex.P.5 Translation copy of inquest report
Ex.P.6 True copy of IMV report
Ex.P.7 True copy of Sketch
Ex.P.8 Translation copy of Sketch
Ex.P.9 True copy of charge sheet
Ex.P.10 Attested copy of death certificate
Ex.P.11 & Attested copies of Aadhar card of
12 petitioners No.1 and 2
Ex.P.13 Attested copy of Aadhar card of deceased
SCCH-1 13 MVC No.1105/2023Ex.P.14 Attested copy of Ration card of family of
the petitionerWitnesses examined on behalf of the respondents:
Nil.
Documents marked on behalf of the respondents:
Ex.R.1 6 Pay slips of the deceased Shaik
Allauddin from July 2022 to December
2022.
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.
SCCH-1 14 MVC No.1105/2023
Judgment pronounced in Open Court, (vide separate
Order).
ORDER
The petition filed under Section 166 of IMV Act is
hereby partly allowed.
The respondents No.1 and 2 being the insurer and
owner of lorry bearing No.TN-54-B-7799 shall either jointly
SCCH-1 15 MVC No.1105/2023
or severally pay Rs.26,05,000/- (Rupees Twenty six lakhs
five thousand only) with current and future interest at the
rate of 6% p.a., to petitioners towards compensation.
The respondent No.1, being the Insurer of the lorry
bearing No.TN-54-B-7799 shall deposit the compensation
amount with interest within 3 months from today.
The compensation amount and interest are distributed
among petitioners equally.
After deposit of the compensation amount, entire
compensation amount and interest allotted in favour of
petitioner No.1 may be released by crediting the same to
their respective bank accounts directly.
Entire compensation allotted in favour of minor
petitioner No.2 shall be deposited in his name in any
bank till he attains the age of 19 years without permitting
to create any encumbrances.
Advocate’s fee is fixed at Rs.1,000/- .
Draw an Award accordingly.
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.
SCCH-1 16 MVC No.1105/2023
SCCH-1 17 MVC No.1105/2023
S.C.C.H.NO.1
AWARD
BEFORE THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL
METROPOILITAN AREA: BANGALORE CITY
M.V.C. No.1105/2023
PETITIONERS: 1. Shaik Shaheena,
W/o. Late Saik Allauddin,
Aged about 31 years;
2. Shaik Mohammed Aynul Haq,
S/o.LateShaik Allauddin,
Aged about 7 years.
Since petitioner No.2 is minor
represented by his mother Shaik
Shaheena as a natural guardian.
Both R/at No.6-71, Billur
Varipalli, B.Kothakota Mandal,
Kotuvooru Chittoor,
Andhrapradesh-517 325,
(Now at Bengaluru).
(By Smt. A.Asha, Advocate)
-Vs-
RESPONDENTS:1. Reliance General Insurance Company
Ltd., No.28, 5th floor, Centenary
Building, East Wing, M.G.Road,
Bengaluru-560 001.
(Policy No.120122223490006607
Valid from 01.10.2022 to 30.09.2023)
(Insurer of vehicle No.TN-54-B-7799)
(By Sri.Gururaj Salur, Advocate)
SCCH-1 18 MVC No.1105/2023
2. S.Gopinath,
S/o. Selvaraj,
Door No.255, New No.152,
1st floor, Thambuchetty Street,
Chennai, Tamil Nadu-600 001.
(Owner of vehicle No.TN-54-B-7799)
(Absent)
WHEREAS, this petition filed on by the
petitioner/s above named U/sec. 166 of the M.V.C. Act praying for the
compensation of Rs.
(Rupees
) for the injuries suffered by the petitioner/Death of in
a Motor vehicle Accident caused by Vehicle No.
WHEREAS, this claim petition coming up before Sri J.N.Subramanya ,
Principal, MACT, Bangalore, in the presence of Sri/Smt.
Advocate for petitioner/s and of Sri/Smt.
Advocate for respondent.
ORDER
The petition filed under Section 166 of IMV Act is
hereby partly allowed.
The respondents No.1 and 2 being the insurer and
owner of lorry bearing No.TN-54-B-7799 shall either jointly
or severally pay Rs.26,05,000/- (Rupees Twenty six lakhs
SCCH-1 19 MVC No.1105/2023
five thousand only) with current and future interest at the
rate of 6% p.a., to petitioners towards compensation.
The respondent No.1, being the Insurer of the lorry
bearing No.TN-54-B-7799 shall deposit the compensation
amount with interest within 3 months from today.
The compensation amount and interest are distributed
among petitioners equally.
After deposit of the compensation amount, entire
compensation amount and interest allotted in favour of
petitioner No.1 may be released by crediting the same to
their respective bank accounts directly.
Entire compensation allotted in favour of minor
petitioner No.2 shall be deposited in his name in any
bank till he attains the age of 19 years without permitting
to create any encumbrances.
Advocate’s fee is fixed at Rs.1,000/- .
Draw an Award accordingly.
Given under my hand and seal of the Court this day of
2025.
Asst. Registrar,
Court of Small Causes,
Bangalore.
SCCH-1 20 MVC No.1105/2023
MEMORANDUM OF COSTS INCURRED IN THIS PETITION
By the
Respondent
Petitioner/s
No.1 No.2
Court fee paid on Petition
Court fee paid on Powers
Court fee paid on I.A.
Process
Pleaders Fee
Total Rs.
Decree Drafted Scrutinised by
Decree Clerk SHERISTEDAR
Asst. Registrar,
Court of Small Causes,
Bangalore.