Bangalore District Court
Somashekar N.M vs Siddartha B.K on 18 January, 2025
KABC020184372023
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, PRINCIPAL MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 18th DAY OF JANUARY, 2025
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
PRINCIPAL, M.A.C.T.
M.V.C. No.4144/2023
PETITIONER: Sri Somashekar N.M.,
S/o. Late Melagirigowda,
Aged about 53 years,
R/at A. Nagathihalli
Alisandra Post,
Bindiganavile Hobli,
Nagamangala Taluk,
Mandya District.
(By Sri. Harisha S.K., Advocate)
-Vs-
RESPONDENTS:1. Sri Siddartha B.K., Major,
S/o. Sri.Krishnegowda B.S.,
R/o Gondenahalli village,
Bommenahalli Post,
Bindiganavile Hobli,
Nagamangala Taluk,
Mandya District-571 432.
(R.C. owner of the Car bearing Regn.
No.KA-03-MP-8754)
(Absent)
SCCH-1 2 MVC No.4144/2023
2. Shriram General Insurance Co.Ltd.,
# 3/3, 3rd Floor, S.V.Arcade,
Bilekahalli Main Road, Bilekhalli, Off
B.G.Road, IIM Post, Bengaluru-560 076.
(Insurer of Car bearing
Regn. No.KA-03-MP-8754)
Policy No.10003/31/23/388976
Valid from 10.02.2023 to 09.02.2024.
(By Sri K.M.Ravi, Advocate)
*******
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.20,00,000/- from the
respondents, who are the owner and insurer of Car bearing
No.KA-03-MP-8754, alleging that on 11.03.2023 at 10.30
p.m. when walking on the left side of Hassan-Bengaluru
NH-75 Road, near Kadabahalli Petrol Bunk, Kadabahalli
village, Nagamangala taluk, driver of the Car bearing
No.KA-03-MP-8754 drove the same negligently, dashed to
the back of petitioner, thereby caused the accident, caused
injuries to the petitioner.
SCCH-1 3 MVC No.4144/2023
2. Petitioner took treatment at Adichunchanagiri
hospital, B.G.Nagara, Gopala Gowda Shanthaveri Memorial
Hospital, Mysore.
3. Regarding the accident Bindiganavile police
registered crime No.33/2023 against driver of car bearing
No.KA-03-MP-8754.
4. As on the date of accident petitioner being aged
about 53 years, used to earn Rs.25,000/p.m. by doing
agriculture and vending milk.
5. In response to the notice, respondent No.2-
Insurance company appeared through his advocate, filed
written statement denying the allegation regarding reason
and mode of the accident, nature and consequence of the
injuries suffered by the petitioner.
6. Inspite of service of notice, the respondent No.1
owner of the car remained absent.
7. On the basis of the pleadings on 22.08.2024, this
Authority has framed the following issues:
1. Whether the petitioner proves that on
11.03.2023 at about 10.30 p.m. beside Hassan
– Bengaluru NH-75, near Kadabahalli petrol
bunk, Kadabahalli village, Nagamangala taluk,
Mandya District, in veiw of the negligent use of
SCCH-1 4 MVC No.4144/2023the Car bearing Regn. No.KA-03-MP-8754
accident taken place resulting in the injuries to
the petitioner?
2. Whether the petitioner is entitled to
compensation? If so, how much and from
whom?
3. What order?
8. On 13.06.2024, 08.11.2024 petitioner deposed as
PW1 and produced 12 documents at Ex.P.1 to P.12. On
22.08.2024, 04.10.2024, 08.11.2024 petitioner produced
the evidence of Medical Record Technician of Gopal Gowda
Shanthaveri Memorial Hospital, Mysore and Dr.Nagaraj
B.N. as PW2 and 3 and get produced 12 documents at
Ex.P.13 to 24.
9. I heard the arguments submitted on behalf of both
contesting parties and perused the records.
10. On the basis of material on record, my findings
on the above issues and additional issue are as under:
Issue No.1 … In the affirmative
Issue No.2 … Petitioner is entitle to receive Rs.3,76,400/-
with current and future interest at 6% p.a.
from the respondents as compensation.Issue No.3 … As per final order
for the following:-
SCCH-1 5 MVC No.4144/2023
REASONS
11. Issue No.1:- In the evidence petitioner stated that
on 11.03.2023 at 10.30 p.m. when walking on the left side
of Hassan – Bengaluru NH-75 Road, near Kadabahalli
Petrol Bunk, Nagamangala taluk, driver of the Car bearing
No.KA-03-MP-8754 drove the same negligently, dashed the
same to his back, thereby caused the accident, caused
injuries. Petitioner stated that, immediately after the
accident, he has been shifted to Adichunchanagiri hospital,
wherein took first aid treatment, then took treatment at
Gopala Gowda Shanthaveri Memorial Hospital, Mysore.
12. In the written statement respondent No.2-
Insurance company denied the allegation regarding reason
and mode of the accident.
13. In the cross-examination, petitioner stated that
Siddarth, party of the car assured settlement, however
then avoided to settle the matter, therefore belatedly after 8
days of the accident, filed the complaint about the incident.
Petitioner denied the suggestion that car bearing No.KA-
03-MP-8754 never caused injuries and therefore belatedly
filed the complaint.
SCCH-1 6 MVC No.4144/2023
14. In the evidence P.W.2-Medical Record Technician
of Gopala Gowda Shanthaveri Memorial Hospital, Mysore
produced the copy of MLC Register extract and copy of
police intimation at Ex.P.14 and 15.
15. In the evidence P.W.3 Dr.Nagaraj B.N. stated
nothing regarding reason and mode of accident.
16. Ex.P.1 is the copy of the FIR and complaint
pertaining to crime No.33/2023 registered on 18.03.2023
by Bindiganavile police against the driver of Car bearing
No.KA-03-MP-8754 for having committed offence
punishable under Sections 279, 337 of IPC, on 11.03.2023
at 22.30 hours by dashing the car to the petitioner caused
in injuries to the petitioner, on the basis of the complaint
presented by petitioner.
17. Ex.P.2 is the crime details form, Ex.P.3 is the car
seizure mahazar dated 12.04.2023, Ex.P.4 is the copy of
Motor vehicle Accident Report, Ex.P.5 is the copy of Wound
Certificate issued by Adichunchanagiri Hospital,
B.G.Nagar, in which the reason for the injuries is noted as
RTA on 11.03.2023 at 10.30 p.m. Ex.P.6 is the copy of the
charge sheet filed by Bindiganavile police in crime
SCCH-1 7 MVC No.4144/2023
No.33/2023 against Nagesh D.R., S/o. Rangappa, driver of
Car bearing No.KA-03-MP-8754 for having committed
offence punishable under Section 279, 337 and 338 of IPC.
Ex.P.7 is the copy of Discharge Summary in which the
reason for injuries are noted as alleged RTA hit by a 4
wheeler while the patient was walking on road at around
11.00 p.m. on 11.03.2023 near Kadabahalli petrol bunk.
Ex.P.14 is the copy of MLC extract of Gopala Gowda
Shanthaveri Memorial Group of Hospital, in which the
reason for the injuries is noted as RTA, hit by a 4 wheeler
while the patient was walking on road at 11.00p.m.
yesterday, initial treatment at Adichunchanagiri hospital ,
near Kadabahalli petrol bunk. Ex.P.15 is the copy of police
intimation dated 12.03.2023 forwarded by Casualty
Medical Officer, Gopala Gowda Shanthaveri Memorial
Hospital, Mysuru to Police Inspector, Nazarbad Police
Station, Mysuru.
18. In this case respondents have not produced any
type of evidence to disbelieve the evidence placed by the
petitioner regarding reason and mode of accident.
SCCH-1 8 MVC No.4144/2023
19. Hence, I have concluded that on 11.03.2023 at
10.30 p.m. when petitioner was walking on the left side of
Hassan – Bengaluru NH-75 Road near Kadabahalli Petrol
Bunk, Nagamangala taluk, Nagesh D.R., S/o Rangappa
negligently drove the Car bearing No.KA-03-MP-8754,
dashed the same to petitioner, thereby caused the
accident, caused injuries to the petitioner. Hence, I answer
issue No.1 in the affirmative.
20. Issue No.2: In the evidence petitioner stated that
in the accident he has suffered grievous injuries i.e. lateral
Tibial Condyle fracture right with Posterior cruciate
avulsion, took first aid/treatment at Adichunchanagiri
hospital, then took treatment at Gopala Gowda,
Shanthaveri Memorial hospital, Mysuru as inpatient from
12.03.2023 to 15.03.2023, underwent surgery by spending
Rs.3,00,000/- and as on the date of accident he used to
earn Rs.25,000/-p.m. by vending milk and doing
agriculture.
21. In the written statement, respondent No.2 denied
the allegation regarding nature and consequence of the
injuries suffered by the petitioner.
SCCH-1 9 MVC No.4144/2023
22. In the cross-examination, petitioner denied about
non-payment of medical bills at Gopala Gowda Shanthaveri
Memorial hospital as noted in Ex.P.10. Petition denied the
suggestion about fabrication of medical bills. Petitioner
denied the suggestion that as on the date of accident, he
never earning Rs.25,000/- p.m.
23. In the evidence P.W.2 produced Case sheet, x-
rays, CT scan films at Ex.P.16 to 18.
24. In the evidence affidavit P.W.3 Dr. Nagaraj B.N.
stated that on 19.08.2024 when clinically examined the
petitioner noticed that the petitioner suffered permanent
physical disability at 40% to right lower limb which is 13%
to whole body. In the evidence P.W.3 produced Clinical
Notes and X-ray at Ex.P.19 and 20.
25. In the cross-examination P.W.3 stated that he
neither treated the petitioner nor verified the inpatient
treatment record. P.W.3 stated that on the basis of the
Discharge Summary and Wound Certificate, estimated
quantum of permanent physical disability of the petitioner.
P.W.3 submitted ignorance about avocation of the
petitioner.
SCCH-1 10 MVC No.4144/2023
26. Wound certificate, discharge summary, medical
bills, prescriptions, case file, x-rays, CT scan films shows
that in the accident petitioner suffered lateral Tibial Condyl
fracture right with Posterior cruciate avulsion. Abrasion
over left elbow, abrasion over the left Zygomatic area,
abrasion over dorsum of left hand, took first aid/treatment
at Adichunchanagiri hospital, B.G.Nagar, then took
treatment at Gopala Gowda Shanthaveri Memorial
Hospital, Mysuru as an inpatient from 12.03.2023 to
15.03.2023 by spending approximately Rs.1,64,400/-. In
the copy of the aadhar card and Driving licence marked at
Ex.P.8 and 9, dated of birth of petitioner is noted as
01.10.1969. In this case petitioner not produced
documentary evidence regarding his occupation and
quantum of income.
27. In this case, there are no evidence to show either
loss of income or decrease in the income of petitioner
subsequent to treatment taken for the injuries suffered in
the accident. Hence I have inferred that, the oral evidence
of P.W.3 Dr.Nagaraj B.N. is insufficient to award
compensation under the head of loss of future income.
SCCH-1 11 MVC No.4144/2023
28. Considering the nature of injuries suffered in the
accident, length, place and nature of treatment taken by
the petitioner, lack of documentary evidence regarding
avocation and quantum of income of the petitioner, I award
Rs.65,000/- towards pain and sufferings, Rs.1,64,400/-
towards treatment charges, Rs.6,000/- towards attendant,
conveyance, nourishment charges, Rs.96,000/-
(Rs.16,000×6) towards loss of income during treatment
period, Rs.45,000/- towards loss of amenities and future
unhappiness.
29. Hence, I came to the conclusion that the petitioner
is entitle for Rs.3,76,400/- with current and future
interest at the rate of 6% p.a. from the respondents as
compensation. Hence, I answer issue No.2 accordingly.
30. Issue No.3:- In the written statement, respondent
No.2 insurance company admitted the subsistence of the
policy with respect to the Car bearing No.KA-03-MP-8754
as on the date of accident. Copy of DL No.KA06
1990001326 shows that as on the date of incident
D.R.Nagesh, s/o Rangappa has licence to drive light motor
SCCH-1 12 MVC No.4144/2023
vehicle(car). Hence, I came to the conclusion that the
respondents being the owner and insurer of the Car
bearing No.KA-03-MP-8754 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.3 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.3,76,400/- (Rupees Three lakhs seventy six thousand
four hundred only) with current and future interest at the
rate of 6% p.a., to petitioner towards compensation.
The respondent No.2, being the Insurer of the Car
bearing No.KA-03-MP-8754 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/- .
SCCH-1 13 MVC No.4144/2023Draw 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 : Somashekar N.M., dt. 13.06.2024,
08.11.2024P.W.2 : Abhishek H.P., dt. 22.08.2024
P.W.3 : Dr.Nagaraj B.N., dt. 04.10.2024, 08.11.2024
Documents marked on behalf of the petitioners:
Ex.P-1 Certified copy of FIR with complaint
Ex.P-2 Certified copy of Crime Detail Form
Ex.P.3 Certified copy of vehcle seizure mahazar
Ex.P.4 Certified copy of IMV report.
Ex.P.5 Certified copy of wound certificate
Ex.P.6 Certified copy of charge sheet
Ex.P.7 Discharge summary
Ex.P.8 Notarized copy of Aadhar card of
petitioner.
Ex.P.9 Notarized copy of DL of petitioner
Ex.P.10 Medical bills (31)
Ex.P.11 Medical prescriptions (13)
Ex.P.12 Advance receipts(4)
Ex.P.13 Authorization letter dt.21.08.2024
Ex.P.14 Copy of MLC Register extract
SCCH-1 14 MVC No.4144/2023
Ex.P.15 Copy of police intimation
Ex.P.16 Case sheet
Ex.P.17 6 x-rays
Ex.P.18 4 CT scan films
Ex.P.19 Clinical notes
Ex.P.20 X-ray
Witnesses examined on behalf of the respondents :
– Nil –
Documents marked on behalf of the respondents:
– Nil –
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.
SCCH-1 15 MVC No.4144/2023
Judgment pronounced in Open Court, (vide separate
Order).
ORDER
The petition filed under Section 166 of IMV Act is
partly allowed.
The respondents shall either jointly or severally pay
Rs.3,76,400/- (Rupees Three lakhs seventy six thousand
four hundred only) with current and future interest at the
rate of 6% p.a., to petitioner towards compensation.
The respondent No.2, being the Insurer of the Car
bearing No.KA-03-MP-8754 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.
(J.N.SUBRAMANYA)
Chief Judge,
Court of Small Causes &
Member, Prl. M.A.C.T.
Bangalore.
SCCH-1 16 MVC No.4144/2023
S.C.C.H.NO.1
AWARD
BEFORE THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL
METROPOILITAN AREA: BANGALORE CITY
M.V.C. No.4144/2023
PETITIONER: Sri Somashekar N.M.,
S/o. Late Melagirigowda,
Aged about 53 years,
R/at A. Nagathihalli
Alisandra Post,
Bindiganavile Hobli,
Nagamangala Taluk,
Mandya District.
(By Sri. Harisha S.K., Advocate)
-Vs-
RESPONDENTS:1. Sri Siddartha B.K., Major,
S/o. Sri.Krishnegowda B.S.,
R/o Gondenahalli village,
Bommenahalli Post,
Bindiganavile Hobli,
Nagamangala Taluk,
Mandya District-571 432.
(R.C. owner of the Car bearing Regn.
No.KA-03-MP-8754)
(Absent)
2. Shriram General Insurance Co.Ltd.,
# 3/3, 3rd Floor, S.V.Arcade,
Bilekahalli Main Road, Bilekhalli,
Off B.G.Road, IIM Post,
Bengaluru-560 076.
(Insurer of Car bearing
Regn. No.KA-03-MP-8754)
Policy No.10003/31/23/388976
Valid from 10.02.2023 to 09.02.2024.
(By Sri K.M.Ravi, Advocate)
SCCH-1 17 MVC No.4144/2023
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
partly allowed.
The respondents shall either jointly or severally pay
Rs.3,76,400/- (Rupees Three lakhs seventy six thousand
four hundred only) with current and future interest at the
rate of 6% p.a., to petitioner towards compensation.
The respondent No.2, being the Insurer of the Car
bearing No.KA-03-MP-8754 shall deposit the compensation
amount with interest within 3 months from today.
SCCH-1 18 MVC No.4144/2023
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/- .
Given under my hand and seal of the Court this day of 2025.
Asst. Registrar,
Court of Small Causes,
Bangalore.
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.
SCCH-1 19 MVC No.4144/2023
SCCH-1 20 MVC No.4144/2023
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