Bangalore District Court
Arokia Monika C vs Bmtc on 24 December, 2024
KABC020212322020
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 24th DAY OF DECEMBER, 2024
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No.4434/2020
PETITIONER: Ms.Arokia Monika C.,
Daughter of Chinnappa Raj,
Aged about 18 years,
Residing at No.240, 8th cross,
L.R.Nagar,
Koramangala, Viveknagar,
Bengaluru-560 047.
(By Sri. Rahul P.S. , Advocate)
-Vs-
RESPONDENT:1. Bangalore Mahanagara Transport
Corporation,
B.M.T.C. Central Office, K.H.Road,
Shanthinagar,
Bangalore -560 027.
Central office, Divisional Controller,
BMTC division, 02 Depot,
Bengaluru- 560 027.
(By Sri S.G.R., Advocate)
*******
SCCH-1 2 MVC No.4434/2020
JUDGMENT
Petitioner asserting to be an injured suffered in a
RTA filed petition under Section 166 of M.V.Act claiming
compensation worth of Rs.90,00,000/- from the
respondent, who is the owner of the BMTC bus bearing
No.KA-01-FA-2288 alleging that on 28.01.2020 at about
3.30 p.m. to 4.00 p.m. on the road beside Loyal Agram
road, near HOSMAT hospital junction, Bengaluru, when
petitioner making attempt to board the bus bearing
No.KA-01-FA-2288, driver of the bus negligently closed the
door of the bus , moved the bus , made rear wheel of the
bus to run over on her leg , thereby caused the accident ,
caused grievous injuries to petitioner.
2. Petitioner took treatment at HOSMAT hospital ,
Bengaluru.
3. As on the date of accident petitioner being aged
about 18 years , student of II P.U.C..
4. Regarding the accident Halasuru traffic police
registered a case in crime No.9/2020 against the driver of
the bus bearing No.KA-01-FA-2288.
SCCH-1 3 MVC No.4434/2020
5. In response to the notice, respondent owner of the
BMTC bus appeared through his Advocate filed written
statement denying the allegation regarding reason, mode of
the accident, nature and consequence of the injuries
suffered by the petitioner.
6. On the basis of the pleadings on 24.09.2021, this
Authority has framed the following issues:
1. Whether the petitioner proves that due to rash
and negligent driving of BMTC bus bearing
No.KA-01-FA-2288 by its driver accident has
occurred on 28.01.2020 to the petitioner who
was waiting for the bus at bus stop and she
sustained injuries in the accident ?
2. Whether the respondent proves that the
accident occurred on account of negligent act of
petitioner herself ?
3. Whether the petitioner is entitled to
compensation ? If so, what is the quantum of
compensation and from whom ?
4. What order?
7. On 04.06.2022 , 29.09.2022, 02.02.2023,
06.03.2023, 05.07.2023 petitioner deposed as PW1 and
produced 57 documents at Ex.P.1 to P.57. During the
cross-examination of PW1, 2 documents get marked as
Ex.R.1 and R.2 and signature of PW2 at Ex.R.2(a). On
SCCH-1 4 MVC No.4434/2020
06.06.2024, 30.08.2024 father of the petitioner deposed as
PW2 and get produced one document at Ex.R.58. On
04.10.2023, 06.10.2023, respondent produced the
evidence of driver of the bus as RW1 and get produced 2
documents at Ex.R.3 and R.4.
8. Learned Advocate appearing for the petitioner filed
notes of arguments.
9. I heard the arguments submitted on behalf of both
the parties and perused the records.
10. On the basis of the 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 ... Petitioner is entitle to receive
Rs.7,37,215/- with current and
future interest at 6% p.a.
from 01.12.2021 from the respondent
as compensation.
Issue No.4 ... As per final order
for the following:-
REASONS
11. Issues No.1 and 2 :- In the evidence petitioner/
PW1 stated that on 28.01.2020 at about 3.30 p.m. to 4.00
SCCH-1 5 MVC No.4434/2020
p.m. on the road beside Loyal Agram road, near HOSMAT
hospital junction, Bengaluru when making effort to board
the bus bearing No.KA-01-FA-2288, driver of the bus
negligently closed the door of the bus , made her to fell on
the road , made rear wheel of the bus run over on her leg,
thereby caused the accident , caused grievous injuries to
petitioner.
12. In the written statement , respondent denied the
allegation regarding reason, mode and consequence of
accident.
13. In the cross-examination, petitioner submitted
that the place of accident is a junction and denied the
suggestion that in the place of accident there is no bus
stop. Petitioner admitted that in the chargesheet it is noted
that the place of accident is an unauthorized bus stop.
Petitioner stated that before police given statement to the
effect that when she was boarding the bus the door
suddenly closed , lost balance, fell, back wheel of the bus
run over on right leg. Petitioner admitted that in the place
of accident there is no bus stop, however buses are
stopping at the spot.
SCCH-1 6 MVC No.4434/2020
14. In the cross-examination dated 06.03.2022
petitioner admitted non-production of sketch of the place of
accident.
15. In the cross-examination dated 05.07.023, PW1
submitted ignorance about the contents of the documents
marked at Ex.P.5 i.e., discharge summary. Petitioner
admitted that the boarding of the bus and alighting of the
bus are totally different. In the evidence PW1 admitted and
identified the signature of her father on the document
marked at Ex.R.2 i.e., acknowledgment signed by father of
the petitioner for receipt of Rs.10,000/- from respondent
BMTC towards treatment of the petitioner.
16. In the evidence PW2 Chinnappa Raj B. , an hear
say witness of the incident reiterated the same facts as
asserted in the petition by the petitioner about reason and
mode of accident which is neither admissible in the
evidence nor believable.
17. In the evidence affidavit RW1 Siddalingaiah T.A.,
S/o. Anatarajaiah, driver of the bus stated that on
28.01.2020 at 3.30 p.m. near Loyal Agram road, when he
was driving the bus bearing No.KA-01-FA-2288 from
SCCH-1 7 MVC No.4434/2020
M.G.Road towards Sarjapura, some students made
attempt to board the moving bus all of a sudden she
entered middle of the road i.e., one way traffic area
negligently made effort to board the moving bus from
middle door, lost balance fell under the rear left wheel of
the bus suffered grievous injuries , thereafter she has been
admitted to HOSMAT hospital . RW1 submitted that after
completion of investigation Halasuru traffic police
submitted chargesheet which is registered in
C.C.No.10890/2020 by MMTC -I.
18. In the evidence RW1 produced copy of the spot
mahazar and sketch at Ex.R.3 and R.4.
19. In the cross-examination RW1 admitted that
accident took place on 28.01.2020 at 4.00 p.m. near Lower
Agaram road/HOSMAT hospital. RW1 denied the
suggestion about the existence of bus stop at the place of
accident. RW1 stated that at the place of accident some
persons waiting to board the bus, there was full rush of
passengers in the bus. RW1 stated that in the place of
accident no passengers boarded the bus.
SCCH-1 8 MVC No.4434/2020
20. RW1 stated that as there was slow moving of bus
some passengers boarded the bus at the place of accident
and there are no two doors for boarding of passengers in
his bus. RW1 stated that on the date of incident though he
has closed the door, as there was full rush the doors are
opened. RW1 denied the suggestion that due to his
negligence, the accident taken place. RW1 explained that
petitioner made attempt to board the bus while bus was
moving and due to her negligence accident took place.
21. Ex.P.1 is the copy of FIR pertaining to crime
No.9/20 registered by Halasuru traffic police on
29.01.2020 at 00.30 hours against driver of BMTC bus
bearing No.KA-01-FA-2288 for having committed offence
punishable under Section 279,337 of IPC on the basis of
the complaint presented by Chinnappa Raj B. S/o.
Bilvendran. Ex.P.2 is the copy of the complaint . Ex.P.3 is
the copy of chargesheet filed by Halasuru traffic police in
crime No.9/20 against RW1, driver of BMTC bus bearing
No.KA-01-FA-2288 for having committed offence
punishable under Section 279,338 of IPC .
SCCH-1 9 MVC No.4434/2020
22. Ex.R.1 is the copy of the wound certificate in
which reason for the injury is noted as RTA when patient
was getting down from a BMTC bus around 4.00 p.m. on
28.01.2020 and had fall , bus ran over her right leg.
Ex.R.2 is the copy of the acknowledgment
dated29.01.2020 signed by PW2, father of the injured
acknowledging receipt of Rs.10,000/- from the respondent
BMTC towards treatment of the petitioner. Ex.R.3 is the
copy of spot mahazar. Ex.R.4 is the copy of the sketch of
place of accident.
23. In Ex.P.56 copy of aadhar card , date of birth of
the petitioner is noted as 15.06.2002 i.e., as on the date of
accident petitioner was aged about 17 years 7
months(minor).
24. The above referred materials shows that as on the
date of accident petitioner being a minor while boarding
the bus due to the closure of the door of the bus by the
RW1 driver fell from the bus suffered injuries.
25. In this case there is no explanation by RW1,
driver for what reason he closed the door of the bus when
petitioner and other passengers are either alighting or
SCCH-1 10 MVC No.4434/2020
boarding the bus in a junction of 3 roads. Hence, it is clear
hat the negligent use of the bus by RW1 was the proximate
reason for the accident i.e., accident resulted in the
injuries to the petitioner , a minor. Hence, I came to the
conclusion that on 28.01.2020 at about 3.30 p.m. to 4.00
p.m. in the junction of Loyal Agram road, HOSMAT
hospital road, Bengaluru in view of the negligent use of
the BMTC bus bearing No.KA-01-FA-2288 by RW1
accident took place resulting in the injuries to the
petitioner , a minor (college student). Hence, I answer issue
No.1 in the affirmative and issue No.2 in the negative.
26. Issue No.3: In the evidence petitioner stated that
in the accident she has suffered grievous injuries to right
leg, took treatment at HOSMAT hospital as an inpatient
from 28.01.2020 to 13.02.2020, underwent wound
debridement , then took follow up treatment and as on the
date of accident was a student of II P.U.C.
27. In the written statement respondent denied the
allegation regarding nature and consequence of the injuries
suffered by the petitioner.
SCCH-1 11 MVC No.4434/2020
28. In the cross-examination petitioner denied the
suggestion that in the accident she neither suffered
injuries to right leg, nor underwent skin grafting/
treatment. Petitioner stated that her father has not taken
medical insurance policy for family members. Petitioner
denied the suggestion that her father never spent
Rs.7,00,000/- for her treatment. Petitioner admitted that
BMTC paid Rs.10,000/- to the hands of her father for
treatment as mentioned in the acknowledgment marked at
Ex.R.2.
29. In the evidence PW2 father of the petitioner stated
about the treatment provided to petitioner at HOSMAT
hospital , Bengaluru. In the evidence affidavit RW1 stated
nothing regarding nature and consequence of the injuries
suffered by the petitioner.
30. Wound certificate , medical certificate, discharge
summary , medical bills excluding advance deposit bills
shows that in the accident petitioner suffered degloving
injury to right distal thigh and leg, right lateral malleolus
fracture, took treatment at HOSMAT hospital as an
inpatient from 28.01.2020 to 13.02.2020, underwent
SCCH-1 12 MVC No.4434/2020
wound debridement, skin grafting by spending
approximately Rs. 3,89,715/- .
31. In the discharge summary age of the petitioner is
noted as 17 years as on the date of accident. In the aadhar
card marked at Ex.P.56, date of birth of the petitioner is
noted as 15.06.2002 i.e., as on the date of accident
petitioner was aged about 17 years 7 months(minor).
32. In the file there are no evidence to show that in
view of the injuries suffered in the accident, inspite of
better treatment petitioner suffered any type of disability
(physical or functional disability) .
33. Considering nature of the injuries suffered by the
petitioner , length, place , nature of treatment taken by the
petitioner, I award Rs.1,50,000/- towards pain and
sufferings, Rs.3,89,715/- towards treatment charges,
Rs.25,000/- towards attendant , conveyance and
nourishment charges, Rs.72,500/- towards loss of income
of the guardian of minor during treatment period
(14,500×5), Rs.1,10,000/- towards loss of amenities and
future unhappiness.
SCCH-1 13 MVC No.4434/2020
34. Hence, I assess total compensation at
Rs.7,47,215/-.
35. As noted in Ex.R.2 receipt/acknowledgment on
29.01.2020 respondent BMTC paid Rs.10,000/- to the
hands of PW2 towards treatment expenses of the
petitioner. Hence, Rs.10,000/- is deducted in the
compensation assessed above. After deducting Rs.10,000/-
the balance of Rs.7,37,215/- is to be paid to the petitioner
as compensation.
36. Hence, I came to the conclusion that the
petitioner is entitle to receive Rs.7,37,215/- with interest
at the rate of 6% p.a. from 01.12.2021 from the
respondents as compensation.
37. The respondent being the owner of BMTC bus
bearing No.KA-01-FA-2288 is liable to pay compensation to
the petitioner. Hence, I answer this issue accordingly and
and pass the following :
ORDER
The petition filed under Section 166 of IMV Act is
hereby partly allowed.
SCCH-1 14 MVC No.4434/2020
The respondent/owner of BMTC bus bearing No.KA-
01-FA-2288 shall pay Rs.7,37,215/- with interest at the
rate of 6% p.a. from 01.12.2021 from the respondents as
compensation.
The respondent shall deposit the compensation
amount with interest within 3 months from today.
After deposit of the compensation amount, entire
compensation amount with interest may be released to
the petitioner by crediting the same to her bank account
directly.
Advocate’s fee is fixed at Rs.1,000/- .
Draw an Award accordingly.
(Dictated to the Stenographer, transcribed by her, corrected,
signed and then pronounced by me in the Open Court on this
the 24th day of December , 2024)(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 : Arokia Monika C. dt.04.06.2022, 29.02.2022,
02.02.2023, 06.03.2023, 05.07.2023
SCCH-1 15 MVC No.4434/2020P.W.2 : Chinnappa Raj B. dt. 06.06.2024, 30.08.2024,
Documents marked on behalf of the petitioners:
Ex.P.1 Certified copy of FIR
Ex.P.2 Certified copy of complaint
Ex.P.3 Certified copy of chargesheet
Ex.P.4 Certificate issued by HOSMAT hospital
for future surgery estimation
Ex.P.5 Discharge summary
Ex.P.6 to 55 Medical bills (50)
Ex.P.56 Notarized copy of aadhar card of
petitioner
Ex.P.57 Notarized copy of identity card of
petitioner
Ex.P.58 Notarized copy of aadhar card of PW2
Witnesses examined on behalf of the respondents :
RW-1 Siddalingaiah T.A., dt. 04.10.2023, 06.10.2023,
Documents marked on behalf of the respondents:
Ex.R.1 Certified copy of wound certificate of
petitioner
Ex.R.2 Acknowledgment for receipt of
Rs.10,000/- by PW2 , father of
petitioner from BMTC
Ex.R.2(a) Signature of PW2
Ex.R.3 Certified copy of spot mahazar
Ex.R.4 Certified copy of sketch(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.