Bangalore District Court
Madhusudhan.M vs Hemanth Kumar K on 18 January, 2025
KABC020200272023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES &, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU (S.C.C.H. - 1)
Dated this the 18th day of January, 2025.
PRESENT: Sri. J.N.Subramanya, B.A., LL.M.,
Chief Judge Member, Prl. M.A.C.T.,
Court of Small Causes, Bengaluru.
M.V.C. No.4507/2023
Petitioner: Madhusudhan M.,
S/o Muniraju K.C.,
Aged about 30 years,
R/at No.100/A, 'A' block,
Udayapura post,
Uttarahalli Hobli,
Bengaluru South, Bengaluru-82.
(By Sri. Rajesh G.C. Advocate)
-Vs-
Respondents: 1. Hemanth Kumar K.,
S/o Krishnappa K.C.,
Major, R/at No.373,
Kaggalipura, Kanakapura main road,
Uttarahalli Hobli,
Bengaluru South,
Bengaluru -82.
(RC owner of Honda Dio motorcycle
bearing Reg. No.KA-05-KA-1112)
( By Sri Umesha R.,- Advocate)
2. Bajaj Allianz General Insurance Co. Ltd.,
office at Golden Heights,
4th floor, No.1/2, 59th 'c' cross,
4th 'M' block, Rajajinagara,
2
SCCH-1 MVC No.4507/2023
Bengaluru -10.
Policy No.OG241701180200040343
period 04.05.2023 to 03.05.2024
(By Sri M.S. Basavaraju- Advocate)
***
JUDGMENT
Petitioner asserting to be an injured suffered in a road
traffic accident, filed petition under Sec.166 of I.M.V.Act,
claiming compensation from the respondents who are the
owner and insurer of Motorcycle bearing No.KA-05-KA-
1112, asserting that on 04.07.2023 at about 7.50 a.m.,
when traveling by sitting on the pillion of a Motorcycle
bearing No.KA-05-KA-1112, from Kaggalipura towards
Harohalli, near Kaggalipura lake, Kanakapura main road,
Uttarahalli Hobli, Bengaluru South taluk, Rajagopal – rider
of the motorcycle rode the same negligently made
motorcycle to turn turtle, thereby caused accident, caused
injuries to the petitioner.
2. Petitioner took treatment at Jayanagara Orthopedic
Centre, Bengaluru. As on the date of accident, petitioner
being aged about 30 years, used to earn Rs.24,000/- per
month by working as mason.
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SCCH-1 MVC No.4507/2023
3. Regarding the accident, on 07.07.2023 Kaggalipura
police registered a case in Cr.No.275/2023.
4. In response to the notice, the respondents No.1 and 2
appeared through their respective Advocates and filed
separate written statements denying the allegation
regarding reason and mode of accident, nature and
consequence of the injuries suffered by the petitioner, age,
occupation and income of the petitioner.
5. On the basis of the pleadings on 08.06.2023 this
Authority has framed the following issues:-
1. Whether the petitioner proves that on 04.07.2023
at about 7.50 to 8.00 a.m., near Kaggalipura
Lake, Kanakapura main road, Uttarahalli Hobli,
Bengaluru City, he met with an accident and
sustained injuries, was due to actionable
negligence act on the part of the rider of the
Honda Dio Motor Cycle bearing Registration No.
No.KA-05-KA-1112 as alleged ?
2.Whether the petitioner is entitled for
compensation? If so, how much and from
whom ?
3. What order ?
6. On 09.02.2024, 29.02.2024, 21.03.2024 petitioner
deposed as PW.1 and produced 13 documents at Exs.P.1 to
P.13. On 09.07.2024 and 16.07.2024 petitioner produced
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SCCH-1 MVC No.4507/2023
the evidence of Dr. Nagaraj B.N. as PW.2 and get marked 2
documents at Exs.P.14 and P.15. On 06.11.2024
respondent No.2-insurance company produced the
evidence of MRO of Jayanagar Orthopedic Center,
Bengaluru as RW.1 and get produced 4 documents at
Ex.R.1 to R.4.
7. I heard the arguments submitted on behalf of
petitioner and respondent No.2 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 … Petitioner is entitle to receive a sum
of Rs.3,21,676/- 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/ PW.1 has
stated that on 04.07.2023 at about 7.50 a.m., when
traveling by sitting on the pillion of a Motorcycle bearing
No.KA-05-KA-1112, from Kaggalipura towards Harohalli,
near Kaggalipura lake, Kanakapura main road, Uttarahalli
5
SCCH-1 MVC No.4507/2023Hobli, Bengaluru South taluk, Rajagopal – rider of the
motorcycle rode the same negligently made motorcycle to
turn turtle, 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
accident.
11. In the cross-examination petitioner stated that
immediately after the accident he has been shifted to
Jayanagara Orthopedic Center wherein he has been
treated for a period of 3 days. Petitioner denied the
suggestion that due to his negligence the accident taken
place.
12. In the cross-examination made on behalf of
insurance company petitioner stated that in the incident
rider of the motorcycle has sustained minor injuries and
took treatment at Government Hospital, Kaggalipura. PW.1
stated that the rider of the motorcycle might have informed
the hospital authorities about the manner in which
accident taken place. Petitioner stated that the friends of
6
SCCH-1 MVC No.4507/2023his elder brother who are present at the place of accident
did not shift him to Government hospital, Kaggalipura.
PW.1 denied the suggestion that he was not a pillion rider
of the motorcycle bearing No.KA-05-KA-1112, but he rode
that motorcycle in high speed and in negligent manner,
thereby met with an accident.
13. In the evidence affidavit PW.2 – Dr. Nagaraj B.N.
stated nothing regarding reason and mode of the accident.
14. In the evidence RW.1- Medical Record officer at
Jayanagar Orthopedic Center, Bengaluru produced Medico
Legal case report and copy of MLC register extract at
Ex.R.2 and R.3.
15. Ex.P.1 is the copy of the FIR and complaint
pertaining to Cr.No.275/2023 registered by Kaggalipura
police on 07.07.2023 against Rajagopal- rider of the
Motorcycle bearing No.KA-05-KA-1112 for having
committed the offence punishable under Sec.279 and 337
of IPC regarding accident taken place on 04.07.2023 at
7.50 a.m. causing injuries to the petitioner on the basis of
the complaint presented by the petitioner. Ex.P.2 is the
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SCCH-1 MVC No.4507/2023
copy of the spot mahazar. Ex.P.3 is the copy motor vehicle
accident report. Ex.P.4 is the copy of the wound certificate
issued by Jayanagar Orthopedic Centre, in which the
reason for the injuries are noted as RTA skid and fall from
two-wheeler (Patient as a pillion rider), Kereyeri,
Kaggalipura, Kanakapura. Ex.P.5 is the copy of the charge
sheet filed by Kaggalipura Police against Rajagopal K. S/o
Kempanna- rider of the Motorcycle bearing No.KA-05-KA-
1112 for having committed the offence punishable under
Sec.279 and 338 of IPC. Ex.R.2 is the copy of Medico legal
case report sent to police inspector, Tilaknagar, Bengaluru
intimating appearance of the petitioner with injuries
alleged to have suffered in the accident taken place on
04.07.2023, at Tank bund, Kaggalipura, Kanakpura road.
Ex.R.3 is the copy of the medico-legal register in which
reason for the injuries are noted as skid and fall from 2
wheeler (patient as a pillion rider).
16. In this case there are no reasons to disbelieve the
contents of the police records and MLC records regarding
reason and mode of the accident. Hence, I have concluded
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SCCH-1 MVC No.4507/2023
that 04.07.2023 at about 7.50 a.m., when petitioner was
traveling by sitting on the pillion of a Motorcycle bearing
No.KA-05-KA-1112 from Kaggalipura towards Harohalli
rode by Rajagopal, near Kaggalipura lake, Kanakapura
road, Rajgopal negligently rode the same, made motorcycle
to turn turtle, thereby caused accident, caused injuries to
the petitioner. Hence, I answer Issue No.1 accordingly.
17. Issue No.2 : In the evidence petitioner stated that
in the accident he has suffered type 3A compound both
bone fracture right forearm, wound debridement + radius
shaft, took treatment at Jayanagara Orthopedic Centre,
Bengaluru as inpatient from 04.07.2023 to 06.07.2023,
then from 26.07.2023 to 27.07.2023 by spending
Rs.3,00,000/- and required to take further treatment at
the cost of Rs.1,50,000/-. Petitioner stated that as on the
date of accident, used to earn Rs.24,000/- by working as
mason at Kaggalipura town.
18. In the written statement, respondent No.1 and 2
denied the allegation regarding nature and consequence of
the injuries suffered by the petitioner.
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SCCH-1 MVC No.4507/2023
19. In the cross-examination petitioner denied the
suggestion about non-spending of Rs.3,00,000/- towards
treatment and non-requirement to take further treatment
at the cost of Rs.1,50,000/-. Petitioner stated in the
accident suffered fracture to his right hand and underwent
surgery.
20. In the evidence affidavit PW.2-Dr. Nagaraj B.N.
stated that on 09.04.2024 when clinically examined the
petitioner noticed that petitioner suffered permanent
physical disability at 39% to right arm which is about 13%
to the whole body. In the evidence PW.2 produced clinical
report and X-ray at Ex.P.14 and P.15. In the cross-
examination PW.2 stated that he never treated the
petitioner, only to assess the disability on 09.04.2024
clinically examined the petitioner. PW.2 stated that he has
not verified case sheet and previous X-ray of the petitioner.
PW.2 submitted that as on 09.04.2024 implants are
situated in the body of the petitioner. PW.2 submitted that
petitioner never suffered loss of movement at shoulder and
10
SCCH-1 MVC No.4507/2023
elbow right. PW.2 submitted non-issuance of estimation for
Rs.60,000/- for removal of the implants.
21. In the evidence RW.1 produced case sheet
pertaining to petitioner at Ex.R.4.
22. Wound certificate, Discharge Summaries, medical
bills, case file, X-ray and other medical records shows that
in the accident, petitioner suffered Type 3A compound BB
fracture right forearm S/P wound debridement + radius
shaft ORIF, took treatment at Jayanagara Orthopedic
Centre, Bengaluru as inpatient from 04.07.2023 to
06.07.2023, then from 26.07.2023 to 27.07.2023 by
spending approximately Rs.1,19,676/-.
23. In the copy of aadhar card marked at Ex.P.12
date of birth of the petitioner is noted as 09.08.1996. In the
file there are no documentary evidence regarding
occupation and income of the petitioner, either loss of
income or decrease in the income during the treatment
period or subsequent to the treatment taken for the
injuries suffered in the accident. As referred PW.2
submitted non-issuance of estimation towards future
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SCCH-1 MVC No.4507/2023
medical expenses. Hence, I have inferred that oral evidence
of PW.2 is insufficient to award compensation under the
head of loss of future income (permanent functional
disability) and future medical expenses.
24. Considering the nature of injuries suffered by the
petitioner, length, place and nature of treatment taken by
the petitioner, lack of evidence regarding quantum of
income of the petitioner, I award Rs.60,000/- towards pain
and suffering, Rs.1,19,676/- towards treatment,
Rs.6,000/- towards attendant, conveyance and
nourishment charges, Rs.96,000/- towards loss of income
during treatment period (Rs.16,000 x 6) 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.3,21,676/- with current
and future interest at 6% per annum.
25. In the written statement, respondent No.2
insurance company admitted the subsistence of the policy
with respect to the Motorcycle bearing No.KA-05-KA-1112
as on the date of accident. In the file there are no evidence
12
SCCH-1 MVC No.4507/2023
to show that as on the date of accident respondent No.1
owner of the motorcycle violated any terms of the policy.
Hence, I came to the conclusion that the respondents being
the owner and insurer of the Motorcycle bearing No.KA-05-
KA-1112 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
Petition filed by the petitioner under Sec.166 of IMV
Act is partly allowed under the following terms:
The respondents No.1 and 2 shall either jointly or
severally pay Rs.3,21,676/-(Rupees three lakh twenty one
thousand six hundred seventy six only) with current and
future interest at the rate of 6% per annum to the
petitioner towards compensation.
Respondents No.2 being the insurer of Motorcycle
bearing No.KA-05-KA-1112 shall deposit compensation
amount and interest within three months from today.
After deposit of compensation and interest, entire
compensation amount and interest may be released to the
petitioner by crediting the same to his bank account
directly.
13
SCCH-1 MVC No.4507/2023
Advocate 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 18th day of
January, 2025.)(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 : Madhusudhan M. -09.02.2024, 29.02.2024,
21.03.2024
P.W.2 : Dr. Nagaraj B.N.- 09.07.2024, 16.07.2024
Documents marked on behalf of the petitioner:
Ex.P-1 Certified copy of FIR with complaint
Ex.P-2 Certified copy of spot panchanama
Ex.P.3 Certified copy of IMV report
Ex.P.4 Certified copy of wound certificate
Ex.P-5 Certified copy of charge sheet
Ex.P-6 Certified copy of Notice issued under
Sec.133 of MV Act
Ex.P-7 Certified copy of reply to the above
notice
Ex.P.8 Discharge Summaries
Ex.P.9 Outpatient records
Ex.P.10 Medical bills
Ex.P.11 Prescriptions
Ex.P.12 Notarized copy of Aadhar card of
petitioner
Ex.P.13 X-rays
Ex.P.14 Clinical report dated 09.04.2024
Ex.P.15 X-ray
Witnesses examined on behalf of the respondents :
RW.1 Ramesh B.
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SCCH-1 MVC No.4507/2023
Documents marked on behalf of the respondents:
Ex.R.1 Authorization letter
Ex.R.2 Copy of the Medico legal case report
dated 05.07.2023
Ex.R.3 Copy of MLC Register Extract
Ex.R.4 Case sheet pertaining to petitioner
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.