Bangalore District Court
G.C.Maheshwarappa vs Kadu Nandi Travels Pvt Ltd on 24 December, 2024
KABC020241442019
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES &, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
(S.C.C.H. - 1)
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. 5700/2019
Petitioner: G.C. Maheshwarappa,
Aged about 68 years,
S/o Late G. Channabasappa,
Residing at No.86,
Near Nemmadi Kendra,
Ramagondanahalli,
Davanagere Taluk,
Davanagere District.
(By Sri Reeyazulla Sharief, Advocate)
-Vs-
Respondents: 1. The Managing Director,
M/s Kadu Nandi Travels Pvt. Ltd.,
No.49, 5th B cross, 1st main road,
opposite to Kabeer Asharam,
Near Andhra Bank,
Kengeri, Bangalore- 560060.
(By Sri Abhishek K., Advocate)
2. The Regional Manager,
M/s United India Insurance Co. Ltd.,
III Party Hub, 5th floor,
Krushibhavan Building,
Bangalore.
(By Sri Dattaraya M. Joshi, Advocate)
SCCH-1 2 MVC No.5700/2019
JUDGMENT
Petitioner asserting to be an injured suffered in a
RTA filed petition under Section 166 of M.V.Act claiming
compensation from the respondents who are the owner and
insurer of the Car bearing No.KA-41-C-4428 asserting that
on 06.08.2018 at about 8.45 p.m. when petitioner was
standing on the footpath to cross Bengaluru-Mysore road,
in front of SDM Hospital, Anchepalya, Bengaluru, driver of
Car bearing No.KA-41-C-4428, drove the same negligently,
dashed the same to the petitioner, thereby caused
accident, caused injuries to the petitioner.
2. Petitioner took treatment at Rajarajeshwari
hospital, then took treatment at Victoria Hospital,
Bengaluru, as on the date of accident petitioner being aged
about 68 years, used to earn Rs.20,000/p.m. by doing
agriculture.
3. Regarding accident Kumbalagudu police registered
crime No.131/2018 against the driver of the Car bearing
No.KA-41-C-4428.
4. In response to the notice, respondent No.1 and 2
appeared through their respective Advocates, filed separate
SCCH-1 3 MVC No.5700/2019
written statements, denying the allegation regarding
reason, mode of accident, age, occupation, income, nature
and consequence of the injuries suffered by the petitioner.
5. On the basis of the pleadings on 04.12.2020 , this
Authority has framed the following issues :
1. Whether the Petitioner proves that he sustained
injuries in a Motor Vehicle Accident that
occurred on 06.08.2018 at about 8.45 p.m. in
front of SDM Hospital, Mysore- Bengaluru road,
Kengeri Hobli, Bengaluru, within the
jurisdiction of Kumabalagudu police station on
account of rash and negligent driving of the
Toyota Etios Car bearing registration No.KA-41-
C-4428 by its driver when the petitioner was
standing on footpath about to cross the road ?
2. Whether the Petitioner is entitled to
compensation ? If so, how much and from
whom?
3. What order ?
6. On 21.07.2022, 06.09.2022, petitioner deposed as
PW1 and produced 18 documents at Ex.P.1 to P.18. On
15.10.2022 petitioner produced the evidence of Medical
Record Officers of Rajarajeshwari Hospital and Victoria
Hospital as PW2 and PW3 and get produced 6 documents
at Ex.P.19 to P.24. On 12.07.2023, 27.07.2023,
18.01.2024 respondent No.2-insurance company produced
SCCH-1 4 MVC No.5700/2019
the evidence of an officer as RW.1 and produced 6
documents at Ex.R.1 to R.6.
7. I heard the arguments submitted on behalf of both
the parties and perused the records.
8. On the basis of the record, my findings on the
above issues are as under:
Issue No.1 … In the affirmative
Issue No.2 … Petitioner is entitle to receive Rs.2,02,436/-
with current and future interest at 6%
p.a. as compensation.
Issue No.3 … As per final order for the following:-
REASONS
9. Issue No.1 :- In the evidence petitioner stated that
on 06.08.2018 at about 8.45 p.m. when standing on
footpath to cross Bengaluru-Mysore road, in front of SDM
Hospital, Anchepalya, Bengaluru, driver of Car bearing
No.KA-41-C-4428, drove the same negligently, dashed the
same to the petitioner, thereby caused accident, caused
injuries to the petitioner.
10. In the written statement respondent No.1 and 2
denied the allegation regarding reason and mode of the
accident.
SCCH-1 5 MVC No.5700/2019
11. In the cross-examination petitioner stated that
Shivaraj son of his cousin has given complaint to the police
and during the accident complainant was with him,
however, in the accident Shivaraj has not suffered injuries.
PW.1 stated that when he was waiting for bus to reach
Majestic the accident taken place. PW.1 denied the
suggestion that as per the complaint and police records
when himself and Shivaraj were crossing the road suffered
accident. PW.1 stated that prior to the accident the car was
running from Mysore towards Bengaluru.
12. In the evidence PW.2 and 3 Medical Record
Officers of Rajarajeshwari Hospital and Victoria Hospital
produced accident register extract at Ex.P.21 and P.22
respectively.
13. In the evidence affidavit RW.1 officer of the
insurance company stated that there is a delay of one day
in lodging the complaint, which is properly explained. In
the cross-examination RW.1 an officer of the insurance
company admitted that after the receipt of police
documents, insurance company contested the petition by
filing written statement.
SCCH-1 6 MVC No.5700/2019
14. Ex.P.1 is the copy of the FIR pertaining to crime
No.131/2018 registered on 07.08.2018 by Kumbalagudu
police against driver of Car bearing No.KA-41-C-4428 for
having committed offence punishable under Section
279,337 of IPC on the basis of complaint presented by
Shivaraju M.V. S/o Virupakshappa regarding dashing of
the car to Maheshwarappa , resulting in injuries to
Maheshwarappa on 06.08.2018, at 3.00 p.m. on
Bengaluru-Mysore highway, near SDM Hospital,
Anchepalya, Bengaluru. Ex.P.2 is the copy of the
compalint. Ex.P.3 is the copy of spot mahazar. Ex.P.6 is
the copy of motor vehicles accident report. Ex.P.7 is the
copy of the wound certificate in which reason for the
injuries is noted as hit by car while crossing the road near
Anchepalya. Enclosure of Ex.P.7 are statements of
petitioner and Kumar M.A. recorded by PSI of
Kumbalagudu Police Station. Ex.P.8 is the copy of charge
sheet filed by Kumbalagudu police in crime No.131/2018
against Hemanth Kumar S/o Rangegowda driver of Car
bearing No.KA-41-C-4428 for having committed offence
punishable under Section 279, 337, 338 of IPC. Ex.P.9 is
SCCH-1 7 MVC No.5700/2019
the copy of the order sheet pertaining to CC No.5477/2019
on the file of CJM Rural Court, Bengaluru which shows
that on the basis of final report CJM Rural Court,
Bengaluru registered CC No.5477/2019 against Hemanth
Kumar for having committed offence punishable under
Sec.279, 337, 338 in which on 09.05.2019 accused
Hemanth Kumar pleaded guilty and suffered sentence.
15. In the file there are no documents to disbelieve
the evidence placed by the petitioner regarding reason,
mode and consequence of accident. Hence, I have
concluded that on 06.08.2018 at about 8.45 p.m. when
petitioner was crossing Bengaluru-Mysore road, in front of
SDM Hospital, Anchepalya, Bengaluru, Hemanath Kumar
S/o Rangegowda driver of Car bearing No.KA-41-C-4428,
drove the same negligently, dashed the same to the
petitioner, thereby caused accident, caused injuries to the
petitioner. Hence, I answer issue No.1 in the affirmative.
16. Issue No.2: In the evidence petitioner stated that
in the accident he has suffered head injury, fracture of left
3rd 4th 5th 6th 7th 8th and 9th ribs, took treatment at
Rajarajeshwari Medical College hospital and Victoria
SCCH-1 8 MVC No.5700/2019
Hospital, Bengaluru, as inpatient from 07.08.2018 to
16.08.2018 by spending Rs.2,50,000/- and as on the date
of accident being aged about 68 years used to earn
Rs.20,000/-p.m. by doing agriculture.
17. In the written statement, respondent No.1 and 2
denied the allegation regarding nature and consequence of
the injuries suffered by the petitioner.
18. In the cross-examination, petitioner stated that
prior to the accident he was not using spectacles and as on
the date of accident aged about 70 years. Petitioner denied
the suggestion about non-spending of Rs.2,50,000/- for
treatment and conveyance and non-earning of Rs.20,000/-
by doing agriculture work.
19. In the evidence affidavit PW.2 and PW.3 produced
inpatient records.
20. In the evidence affidavit RW.1 stated about
permit with respect to the vehicle bearing No.KA-41-C-
4428.
21. Wound certificate, discharge summary,, OPD
book, prescriptions, case files and other medical records
shows that in the accident petitioner suffered head injury,
SCCH-1 9 MVC No.5700/2019
fracture of left ribs, took treatment at Rajarajeshwari
Medical College hospital and Victoria Hospital, Bengaluru
from 07.08.2018 to 16.08.2018, by spending
approximately Rs.27,936/-.
22. In the Aadhaar card marked at Ex.P.19 the date
of birth of the petitioner is noted as 08.07.1949. In the file
there are no documents regarding occupation and income
of the petitioner. Hence, considering the nature of injuries
suffered by the petitioner, length, place and nature of
treatment taken by the petitioner, I award Rs.60,000/-
towards pain and suffering, Rs.27,936/- towards
treatment, Rs.12,000/- towards attendant, conveyance and
nourishment charges, Rs.62,500/- (Rs.12,500 x 5) towards
loss of income during treatment period and Rs.40,000/-
towards loss of amenities and future happiness. Hence, I
come to the conclusion that the petitioner is entitle to
receive total compensation at Rs.2,02,436/- with current
and future interest at 6% per annum.
23. In the written statement, respondent No.2
insurance company admitted the subsistence of the policy
with respect to the Car bearing No.KA-41-C-4428 as on the
SCCH-1 10 MVC No.5700/2019
date of accident and sought permission to defend the case
under Sec.170 of MV Act. The copy of the policy marked at
Ex.R.2 confirms that as on the date of accident Car bearing
No.KA-41-C-4428 had insurance coverage with respondent
No.2. In this case there are no evidence to show that as on
the date of accident respondent No.1-owner of the car has
violated any terms of the policy. Hence, I came to the
conclusion that the respondents being the owner and
insurer of the Car bearing No.KA-41-C-4428 are liable to
pay compensation and an award is to be passed directing
the respondents to pay compensation to the petitioner.
Hence, I answer issue No.2 accordingly and pass the
following :
ORDER
The petition filed under Section 166 of IMV Act is
partly allowed.
The respondents shall either jointly or severally pay
Rs.2,02,436/- with current and future interest at the rate
of 6% p.a., to petitioner towards compensation.
SCCH-1 11 MVC No.5700/2019The respondent No.2, being the Insurer of the Car
bearing No.KA-41-C-4428 shall deposit the compensation
amount with interest within 3 months from today.
After deposit of the compensation amount, entire
compensation amount and interest may be released to the
petitioner by crediting the same to his 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 : G.C. Maheshwarappa dt. 21.07.2022,
06.09.2022
P.W.2 : Dhananjayakumar G.V. dt. 15.10.2022
P.W.3 : Nagaraja G.V. dt.15.10.2022Documents 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 spot mahazar Ex.P.4 Certified copy of notice under Sec.133 of MV Act SCCH-1 12 MVC No.5700/2019 Ex.P.5 Indemnity bond Ex.P.6 IMV Report Ex.P.7 Wound Certificate Ex.P.8 Charge sheet along with statement of witnesses Ex.P.9 Order sheet in CC No.5477/2019 along with plea Ex.P.10 Discharge Summary Ex.P.11 Outpatient book of Victoria Hospital Ex.P.12 Patient hand book of Rajarajeshwari Medical College and hospital Ex.P.13 Spectacle prescription issued by Eye care Center Ex.P.14 Laboratory Report Ex.P.15 Prescription Ex.P.16 Records of Eye Care Center Ex.P.17 20 Medical bills Ex.P.18 Advance bill Ex.P.19 Notarized copy of Aadhaar card Ex.P.20 Authorization letter Ex.P.21 Accident Register Extract Ex.P.22 Official Memorandum Ex.P.23 MLC Extract Ex.P.24 Inpatient Record (including outpatient card)
Witnesses examined on behalf of the respondents :
RW.1 P. Ramesh dt. 12.07.2023, 27.07.2023,
18.01.2024Documents marked on behalf of the respondents:
Ex.R.1 Authorization Letter
Ex.R.2 Certified copy of the insurance policy
Ex.R.3 Certified copy of police intimation
SCCH-1 13 MVC No.5700/2019
Ex.R.4 Certified copy of IMV Report
Ex.R.5 Certified copy of Notice issued under
Sec.133 of MV Act
Ex.R.6 Certified copy of wound certificate(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.
