Sujatha Alias Siddaraju vs Somashekar on 3 June, 2025

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Bangalore District Court

Sujatha Alias Siddaraju vs Somashekar on 3 June, 2025

KABC020346002023




     IN THE COURT OF XIX ADDL.JUDGE AND MOTOR
  ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES
                BENGALURU (SCCH-17)

PRESENT: SRI. KANCHI MAYANNA GOUTAM B.A.L., LL.M.,
                      XIX ADDL. JUDGE,
                      Court of Small Causes & ACJM,
                      BENGALURU.

         Dated: This the 03rd day of June 2025

               M.V.C.No. 7288/2023

Petitioners        1. Sri Sujatha @ Siddaraju
                   S/o Siddaiah,
                   Aged about 53 years.

                   2. Smt Jayakanthi
                   W/o Sujatha,
                   Aged about 48 years.

                   Both are R/at:
                   Sunnagatta village,
                   Kasaba hobali,
                   Channapatana taluk,
                   Ramanagara dist.

                   (By Sri. D Harsha, Advt., )

                   V/s

Respondents        1. Sri Somashekar
                   S/o Krishnegowda,
 SCCH-17                            2          MVC 7288/2023


                       Menasiganahalli village,
                       Alalasandra post,
                       Channapatana taluk,
                       Ramanagara Dist.

                       (By Sri. Naveen Kumar R D, Advt., )

                       2. New India Assurance Co. Ltd.,
                       No.2-B, Unity Building Annexe,
                       P Kalinga Rao Road,
                       Bangalore 560027.

                       (By Sri. R Jaiprakash, Advt., )


                       JUDGMENT

This judgment is emerged consequent upon the

petition filed by the petitioners U/S 166 of M.V. Act,

claiming compensation of Rs.50,00,000/- on account of

the death of Jagadeesh, in a road traffic accident.

2. The case of the petitioners, in brief, is as follows:

On 05-05-2023 at about 8.30 p.m., the deceased

was proceeding by riding Scooter bearing No.

KA.42.Y.4470 from Honganur to Channapatana road, at

that time the driver of the Tractor bearing No.

KA.42.T.8298 came from Channapatana side near Gopi
SCCH-17 3 MVC 7288/2023

clinic at high speed, in a rash and negligent manner and

dashed against the Scooter and caused the accident.

Due to the impact, deceased sustained grievous injuries

all over the body.

Immediately the injured was shifted to

Channapatna government hospital, wherein first aid

treatment was given and shifted to MIMS hospital,

Mandya, wherein the doctor after examination declared

that the injured was already dead due to the accidental

injuries. Thereafter postmortem was conducted and

handed over the body to the petitioners and they have

performed funeral and obsequies ceremonies.

Prior to the accident, deceased was hale and

healthy, aged about 21 years and doing plumbing work

and earning Rs.25,000/ per month and contributing his

entire income for the maintenance of his family. Due to

the untimely death of deceased the petitioners have

suffered mentally and financially.
SCCH-17 4 MVC 7288/2023

The respondent No.1 & 2 are the owner and insurer

of the offending tractor are jointly severally liable to pay

the compensation to the petitioners. Accordingly, prays to

award compensation of Rs.50,00,000/- with interest to

the petitioners.

3. After service of notices, both the respondents

have appeared before the court through their respective

counsels and filed separate written statement.

The Respondent No.1- owner has appeared through

his counsel and filed written statement by denying the

cause and manner of accident and contended that, the

deceased was riding the scooter in a zig zag manner and

suddenly stopped the vehicle without any signals and

caused the accident. Further contended that, the petition

is bad for non joinder and proper parties as the owner and

insurer of the bike were not made as party to the

proceedings and the tractor was falsely implicated in the

alleged accident even though there is no rash and

negligent act on the part of the driver of the tractor.
SCCH-17 5 MVC 7288/2023

Further this respondent has denied the age, occupation

and income of the deceased. The compensation claimed by

the petitioners is exaggerated and primarily intended to

make illegal gain. Accordingly, prays to dismiss the claim

petition against him.

Respondent No.2 – insurance company appeared

through its counsel and filed written statement by denying

the age, occupation and income of the deceased. Further it

has denied the cause and manner of accident and the

involvement of the offending tractor in the said accident.

Further contended that, the deceased and the offending

tractor driver were not having valid and effective DL at the

time of accident and the offending vehicle was also not

having permit at the time of accident. Hence the

respondent No.2 – insurance company prays to dismiss

the petition against it.

4. On the basis of the rival contentions, the

following issues were framed by this court:
SCCH-17 6 MVC 7288/2023

ISSUES

1. Whether the petitioners prove that
deceased Jagadeesh died in the
motor vehicle accident that occurred
on 05-05-2023 at about 8.30 p.m. on
Honganur to Sathnur road,
Honganur Gopi Clinic, Honganur
due to the rash and negligence
driving of the Tractor bearing Reg.

No. KA.42.T.8298 by its driver?

2. Whether the petitioners prove that
they are the legal heirs and
dependents of deceased?

3. Whether the petitioners are entitled
for compensation? If so, what
amount and from whom?

4. What order or award?

5. In order to prove the claim petition, the 1st petitioner

is examined as PW.1 and got marked the documents at

Ex.P.1 to Ex.P.8.

On the other hand 2nd respondent has examined its

official as RW.1 and Ex.R1 to R3 were got marked.

6. Heard the arguments and perused the material

evidence that is available on record.

SCCH-17 7 MVC 7288/2023

7. My findings on the above issues are as under.

           Issue No.1     :       In the affirmative,
           Issue No.2     :       In the affirmative,
           Issue No.3     :       In the affirmative
           Issue No.4     :       As per final orders
                                  for the following.-

                        REASONS
ISSUE NO.1:

8. The petitioners to prove their claim have

produced true copies of FIR, complaint, spot mahazar,

inquest report, PM report and charge sheet, which are

marked under Ex.P.1 to 6.

9. As per the documents, Ex.P1 FIR is came to be

registered on the basis of the complaint given by 1 st

petitioner who is the father of the deceased as per Ex.P2.

In the Ex.P2, he has alleged the rash and negligent driving

by the driver of Tractor bearing No. KA.42.T.8298. After

the registration of FIR the IO conducted the spot mahazar

as per Ex.P3. As per the spot mahazar marked at Ex.P3

the vehicles involved in the accident were found in the
SCCH-17 8 MVC 7288/2023

accident spot itself. The Ex.P3 mahazar also depicts the

damages of the vehicle involved in the accident wherein a

right side bumper of the tractor has got damaged and as

the tractor ran over on the motor cycle, the said motor

cycle of the deceased has got fully damaged. This

evidentiates the veracity of the accident.

10. It is important to note that, as per the FIR it is

alleged that the driver of the tractor bearing No.

KA-42-T-8298 came from Channapatna side and while

trying to overtake the another vehicle came to the right

side portion of the road and dashed against the motor

cycle of the deceased who was coming from opposite side.

Thus, it is found that as per Ex.P3 mahazar, the right

side bumper of the the tractor bearing No. KA-42-T-8298

has got damages, which evidentiates that the driver of the

the tractor bearing No. KA-42-T-8298 came to his wrong

side I..e, right side portion of the road without observing

the vehicles coming from the opposite side and caused the

accident. If, the driver of the tractor bearing No.
SCCH-17 9 MVC 7288/2023

KA-42-T-8298 not came to the wrong side of the road, the

alleged accident was not going to be caused. Thereby the

Ex.P3 mahazar helped the petitioners to prove the alleged

negligence of the driver of the tractor bearing No.

KA-42-T-8298.

11. The respondent No.1 owner of the tractor bearing

No. KA-42-T-8298 even though filed written statement by

denying the negligence of the driver of Tractor bearing No.

KA.42.T.8298 but does not chosen to examine its driver in

support of their defence.

12. Ex.P5 is the postmortem report and Ex.P4 is

the inquest where both these documents discloses that

the deceased succumbed due to shock and hemorrhage as

a result of penetrating injury sustained to right lung and

heart caused to him in the said accident.

13. It is necessary to reassert that in a claim for

compensation filed under Section 166 of Motor Vehicles

Act, 1988, the claimant is expected to prove the incident
SCCH-17 10 MVC 7288/2023

on basis of principle of preponderance of probabilities and

the view taken by this Court is fortified by the decision

rendered by the Hon’ble Supreme Court in Kusum and

others V/s Satbir and others which is reported in 2011

SAR (CIVIL) 319. Further the Hon’ble Supreme Court in

case of Bimla Devi and others v. Himachal Road Transport

Corporation and others reported in (2009) 13 SCC 530 has

observed that, it is necessary to be borne in mind that

strict proof of an accident caused by a particular bus in a

particular manner may not be possible to be done by the

claimants. The claimants are merely required to establish

their case on the touchstone of preponderance of

probability. The standard of proof beyond reasonable

doubt could not have been applied. Further the Hon’ble

High Court of Karnataka in National Insurance Co. Ltd.

Vs. Krishnappa and another reported in 2001 ACJ 1105,

where the Hon’ble High Court of Karnataka considering

the fact that the rider of the offending vehicle was not

examined to prove any contributory negligence on the part
SCCH-17 11 MVC 7288/2023

of scooterist held that the accident had occurred due to

rash or negligent driving by the rider of the offending van.

14. In view of the ratio laid down in the authorities

referred to above and applying the settled principle of law

to the case at hand, which is further supported by the oral

and documentary evidence adduced by PW-1, this

Tribunal is of the considered opinion that the accident

leading to this case indeed occurred due to the actionable

negligence on the part of the driver of offending Tractor

bearing No. KA.42.T.8298 resulting in deceased sustaining

injuries.

15. Ex.P6 is the charge sheet filed against the driver

of the offending Tractor bearing No. KA.42.T.8298 for the

offence punishable under Sec. 279 & 304 (A) of IPC. The

investigating officer as per Ex.P6 charge sheet opined that

the driver of offending Tractor bearing No. KA.42.T.8298

driven the said vehicle in a rash and negligent manner.

No other evidence is placed by the respondents to show

the contributory negligence by the deceased. During the
SCCH-17 12 MVC 7288/2023

course of cross-examination of PW.1, nothing has been

elicited so as to disprove the case of the petitioners.

16. The official of respondent No.2 insurance

company examined as RW.1. As admitted by the RW1. In

the cross-examination he is not an eye witness to the

accident, but deposing the evidence on the basis of

documents whereas the documents like crime records

point outs the negligence of the driver of the tractor

bearing No. KA-42-T-8298. As such, the evidence of the

RW.1 failed to establish the contributory negligence of the

deceased.

17. As per well settled position of law the standard

of proof in claim petition like present one, is only

preponderance of probabilities. Looking to the oral as well

as documentary evidence of the petitioners there are

sufficient materials to show that Jagadeesh died in the

accident dated 05-05-2023 which is caused by the driver

of the Tractor bearing No. KA.42.T.8298. Accordingly

issue No.1 answered in the affirmative.
SCCH-17 13 MVC 7288/2023

ISSUE NO.2

18. As held herein above, the petitioners have proved

that Jagadeesh died on 05-05-2023 due to the injuries

sustained in RTA, which is caused by respondent No.1.

19. As contended in the petition the petitioners are

the parents of the deceased Jagadeesh. The respondents

do not specifically deny the relationship of petitioners with

deceased. The petitioners to prove their relationship with

the deceased, have produced the notarized copies of

Aadhar cards of petitioners which are marked under

Ex.P7. During the course of recording the evidence the

notarized copies of Aadhar cards are compared with the

original documents and found correct. The respondents

do not dispute the Aadhar cards produced by the

petitioners. The respondent No.2 has not adduced any

evidence to disprove the relationship of the petitioners

with the deceased.

SCCH-17 14 MVC 7288/2023

20. In the absence of contradictory evidence the

evidence of the petitioner is to be accepted and it is

considered that, petitioners are the parents of deceased

being the dependents are entitled for compensation.

Accordingly Issue No.2 is answered in the Affirmative.

Issue No.3 :

21. The issued No.1 & 2 are answered in the

affirmative by holding that the deceased Jagadeesh died

in the RTA dated 05-05-2023 caused by the negligence

driving by the driver of Tractor bearing No. KA.42.T.8298

and the petitioners are entitled for the compensation.

22. Now the quantum of compensation is to be

decided. In the voter ID card of the deceased Jagadeesh

produced at Ex.P8, the date of birth of the deceased is

shown as 20-03-2000 and the accident was occurred on

05-05-2023. If it is considered, as on the date of the

accident the age of the deceased was 23 years.
SCCH-17 15 MVC 7288/2023

23. As stated in the petition deceased was working

as a plumber and earning Rs.25,000/- per month. To

prove the said fact, the petitioners have not produced any

documents. Such being the case, it is just and necessary

to consider the notional income of the petitioner at

Rs.16,000/- p.m. as the accident is of the year 2023.

24. As per Sarala varma’s case the proper

multiplier applicable to the age of deceased is 18. Since

the deceased was a bachelor 50% of the income is to be

deducted towards his personal expenses, then the total

loss of dependency would be Rs.17,28,000/-

(Rs.16,000/- X 12 x 18 = Rs.34,56,000/- minus half of

the income i.e., (34,56,000 – 17,28,000/-) =

Rs.17,28,000/-).

25. In Civil Special leave petition (Civil

No.25590/2014 dated 31.10.2016 (National

Insurance Company Ltd., Vs. Pranay Sethi & others),

the Hon’ble Supreme Court has held that “While

determining the income, in case the deceased was self-
SCCH-17 16 MVC 7288/2023

employed or on a fixed salary, an addition of 40% of the

established income should be the warrant where the

deceased was below the age of 40 years. An addition of

25% where the deceased was between the age of 40 to 50

years and 10% where the deceased was between the age

of 50 to 60 years should be regarded as the necessary

method of computation. The established income means

the income minus the tax component.”

26. As per the above decisions 40% out of loss of

dependency has to be granted towards future prospects

which would Rs.6,91,200/-.

27. LOSS OF CONSORTIUM:

In Magma General Insurance company Limited Vs.

Nanuram (2018) 18 SCC 130, the Hon’ble Apex court has

observed “Consortium” is a compendious term, which

encompasses spousal consortium, parental consortium

and filial consortium. The right to consortium would

include the company, care, help, comfort, guidance,
SCCH-17 17 MVC 7288/2023

solace and affection of the deceased, which is a loss to his

family. With respect to a spouse, it would include sexual

relations with the deceased spouse”.

28. The Petitioners are the Parents of the deceased

and they have lost their loving daughter. Therefore they

are entitled to a sum of Rs.48,000/- (Rs.40,000/- x 10%

hike every three years from 2017 as per Pranay Sethi

Case) under the head of loss of consortium.

29. Further I inclined to award Rs.50,000/-

towards loss of love and affection, Rs.16,500/- towards

loss of estate and Rs.16,500/- towards funeral expenses

(this amount is calculated as per Pranaya Sethi case with

enhanced rate at 10% after three years).

The petitioners are entitled for compensation under
the following heads:

1. Loss of dependency Rs. 17,28,000/-

2. Loss of future prospects Rs. 6,91,200/-

3. Loss of consortium Rs. 48,000/-

4. Love and affection Rs. 50,000/-

SCCH-17 18 MVC 7288/2023

5. Funeral expenses Rs. 16,500/-

6. Transport of dead body Rs. 16,500/-

Total Rs. 25,50,200/-

30. Liability:- In the petition it is alleged that the

respondent No.1& 2 are the owner and insurer of the

Tractor bearing No. KA.42.T.8298. The respondent No.2

in its written statement has not stated any thing about

the issuance of policy. But examined its official as RW.1

and produced the insurance policy marked at Ex.R2. On

perusal of the same the offending Tractor bearing No.

KA.42.T.8298 was insured with the 2nd respondent

insurance company and the policy was valid as on the

date of accident.

31. The Respondent No.2 insurance company

contended that the driver of the Tractor bearing No.

KA-42-T-8298 did not had a valid DL to drive the vehicle

as on the date of accident. In order to prove the same,

they got examined its official as RW.1 and produced

Ex.R1 to 3. As per Ex.R3 extract of driving licence one
SCCH-17 19 MVC 7288/2023

Ramesha had the driving licence to drive MCWG, LMV

and tractor at the time of accident. Thus, it evidentiates

that the driver of the offending tractor was having valid

driving licence to drive the said tractor at the time of

accident.

32. Yet another arguments was canvassed by the

learned counsel for the respondent No.2 insurance

company that the driver of the tractor was driving Tractor

bearing No.KA-42-T-8298 along with a trailer, but the

driver did not possessed the driving licence to drive the

tractor with trailer. As such, the respondent No.2 cannot

indemnify the liability of respondent No.1.

33. By keeping the said arguments canvassed by the

learned counsel for the respondent No.2 insurance

company it is established that as per Ex.R3 the driver of

offending vehicle had the driving licence to drive the

tractor at the time of accident. The complaint and also

mahazar produced by the petitioner shows that at the

time of accident, the said tractor was attached with
SCCH-17 20 MVC 7288/2023

trailer. The trailer was attached to the tract at the time

of accident. But it is very important to note that the

accident was caused by the tractor and not by the trailer.

In the judgment reported in AIR 2017 SC 3668 –

Mukund Dewangan Vs. Oriental Ins. Co. Ltd., Wherein

the Hon’ble Supreme Court of India held has follows:

“60.2. A transport vehicle and omnibus,
the gross vehicle weight of either of which
does not exceed 7500 kg. would be a light
motor vehicle and also motor car or tractor
or a road roller, ‘unladen weight’ of which
does not exceed 7500 kg. and holder of a
driving licence to drive class of “light motor
vehicle” as provided in section 10(2)(d) is
competent to drive a transport vehicle or
omnibus, the gross vehicle weight of which
does not exceed 7500 kg. or a motor car or
tractor or road-roller, the “unladen weight”

of which does not exceed 7500 kg. That is to
say, no separate endorsement on the licence
is required to drive a transport vehicle of
light motor vehicle class as enumerated
above. A licence issued under section 10(2)

(d) continues to be valid after Amendment
Act 54/1994 and 28.3.2001 in the form”.

The Hon’ble Apex Court in the above quoted

judgment has held that the light motor vehicle
SCCH-17 21 MVC 7288/2023

u/Sec.2(21) of MV Act includes a transport vehicle, the

gross vehicle weight of which does not exceed 7500Kg and

also motor Car or Tractor or a Road roller “unladen

weight” of which does not exceed 7500Kg and in the same

decision it is held that the Driver’s licence given for LMV

could be used for a Transport vehicle if “unladen weight”

does not exceed 7500Kg. A person holding license for

LMV-TR can drive a vehicle upto 7500kg unladen weight.

In the light of the ratio laid down in the decision reported

in 2017 AIR (SC) 3668[Mukund Dewangan V/s Oriental

Ins.Co.Ltd and others], a driver who possesses a Light

Motor Vehicle license can drive any class of vehicle which

comes under LMV category. That is to say no separate

endorsement is required to drive transport vehicle or a

Tractor.

In the recent judgment the Hon’ble Supreme Court

in Civil Appeal No.841/2018 between M/s Bajaj Allianz

General Insurance Co. Ltd., Vs. Ramba Devi and others

held that, a person with a driving licence for light motor
SCCH-17 22 MVC 7288/2023

vehicles (LMV) is entitled to drive transport vehicle of light

motor vehicles having unladen weight not exceeding 7,500

Kgs. Thereby once again the Hon’ble Supreme Court held

its earlier decision in Mukund Dewangan Vs. Oriental

Insurance Co. Ltd., thereby it is held that the transport

vehicles, the gross weight of which do not exceed 7,500

Kgs are not excluded from the definition of LMV.

34. In this case, the driver of the offending Tractor

bearing No.KA-42-T-8298 had the driving licence to drive

the tractor. But the said tractor was attached with

trailer. Thereby, merely because the trailer is attached to

the tractor whether the person holding the licence to drive

tractor can drive the tractor along with trailer has to be

looked into. In this regard, Sec.2 (46) and Sec. 2 (48)

speaks about trailer and unladden weight.

(46) “trailer” means any vehicle, other
than a semi-trailer and a side-car, drawn or
intended to be drawn by a motor vehicle.

(48) “unladen weight” means the weight
of a vehicle or trailer including all
equipment ordinarily used with the vehicle
or trailer when working, but excluding the
SCCH-17 23 MVC 7288/2023

weight of a driver or attendant; and where
alternative parts or bodies are used the
unladen weight of the vehicle means the
weight of the vehicle with the heaviest such
alternative part or body;

35. In this case, the driver of the tractor had the

driving licence to drive the tractor. The front engine

portion of the tractor dashed against the motor cycle of

the deceased. Even though the trailer was attached to the

tractor, the accident was caused by the tractor. No

evidence is available to hold that the total unladden

weight of the trailer and tractor exceeds 7500 Kgs.

Thereby, by applying the above precedent the driver of

Tractor bearing No.KA-42-T-8298 was having driving

licence to drive LMV and also tractor as such, he was

having valid licence to drive Tractor bearing No.

KA-42-T-8298.

36. The learned counsel for the petitioners relied on

the judgment of Hon’ble High Court of Karnataka in MFA

No. 200721-2019 between Chidanandaiah and another
SCCH-17 24 MVC 7288/2023

V/s. Shivalingappa Mallappa Biradar and Others,

wherein it is held as follows;

“22. On perusal of the above judgment
where the accident was occurred when the
injured persons were traveled in the trailer,
which was connected with the tractor
driven by the driver. Therefore, in that case
the tractor was insured and trailer was not
insured. Therefore, the Hon’ble Supreme
Court not fastened the liability on the
owner. There is no second thought in
respect of principle laid down in the case of
Dhondubai (supra) where the facts of these
cases are different. Since in this case
though trailer was connected with tractor,
but the accident was occurred due to rash
and negligent driving of the driver which
was driven by the driver of the tractor and
the tractor was hit on the motorcycle and
caused the death and trailer is nothing to
do with the accident that the accident
caused by the tractor and not by the trailer.
Therefore, the said case is not applicable to
this case, wherein this case tractor was
insured with insurance company.

Therefore, the Trial Court rightly fastened
the liability on the insurance company as
tractor was duly insured with respondent
No.2. Therefore, I answered point No.1 in
favour of claimants as against the
Insurance Company.”

By applying the said precedent in this case the

accident was caused by the engine of tractor bearing No.
SCCH-17 25 MVC 7288/2023

KA-42-T-8298 and the trailer of the said tractor is nothing

to do with the accident. Therefore, as the accident was

caused by the engine bearing No. KA-42-T-8298 the

owner and insurer of the said tractor engine is liable to

pay the compensation.

37. The learned counsel for the respondent No.2

relied on the judgment of Hon’ble High Court of

Karnataka in MFA No. 23805-2012 between Sadashiva

and others V/s. Dyavakka and others. In the said case,

the offending vehicle was a construction equipment

vehicle (JCB). As such, the driving licence to drive the

said type of vehicle is specially required. In this case, the

offending vehicle is tractor. As such, in my humble

opinion the judgment relied by the learned counsel for the

respondent No.2 is not applicable to the present case on

hand.

38. Further the respondent No.2 insurance company

taken another defence that the insurance policy produced

at Ex.R2 shows that the policy was issued for the
SCCH-17 26 MVC 7288/2023

agricultural tractors and the accident is in the road as

such, the insurance company is not liable. In this regard,

if we perused the Ex.R2 the sub type of the vehicle is

mentioned as Agricultural Tractors. Thereby the tractor

bearing No. KA-42-T-8298 is duly insured with the

respondent No.2 company. The tractor to travel in the

road also the said insurance policy is valid hence, the

contention urged by the respondent No.2 cannot be

acceptable as there is no evidence is available to hold that

the said tractor was used for some other purpose.

39. In this view of the matter the insurance company

cannot be absolved from its liability to pay compensation.

Therefore the respondents are jointly & severally liable to

pay the compensation to the petitioner. Hence, the

respondent No.1 & 2 are jointly and severally liable to pay

compensation to the petitioner along with interest @ 6%

p.a. The Respondent No.2 is liable to indemnify the

liability of respondent No.1. Accordingly, this issue

answered in the affirmative.

SCCH-17 27 MVC 7288/2023

ISSUE NO.4:-

40. For the foregoing reasons, I proceed to pass the

following:

ORDER

The petition filed by the petitioners U/s
166 of the Motor Vehicles Act is hereby partly
allowed with cost.

The petitioners are entitled for total
compensation amount of Rs.25,50,200/-
(Rupees Twenty five lakhs fifty thousand
two hundred only) with interest at the rate
of 6% p.a.,. from the date of petition till the
realization from respondents.

             The   respondent      No.2        -   insurance
    company        is   directed        to     deposit   the

compensation amount within 60 days from
the date of this order.

Out of the compensation amount, the
petitioner No.1 & 2 are entitled for the
compensation at the ratio of 60:40.


             Out of total compensation awarded to
    the Petitioner No.1 & 2,                 50% shall be
 SCCH-17                              28             MVC 7288/2023


      released in        favour petitioner No.1 & 2 on

their proper identification and remaining 50%
shall be kept in Fixed Deposit in any
Scheduled Bank, for a period of three years,
in their names.

Advocate fee is fixed at 1,500/-.

Draw the award accordingly.

(Dictated to the stenographer directly on the computer,
corrected by me and then pronounced in open court on this the 03 rd
day of June, 2025).

(KANCHI MAYANNA GOUTAM)
XIX ADDL.JUDGE,
Court of Small Causes & MACT,
BENGALURU.

ANNEXURE

List of witnesses examined on petitioner’s side:

PW1 Sri. Sujatha @ Siddaraju.

List of documents exhibited on petitioner’s side:

Ex.P1              FIR
Ex.P2              Complaint
Ex.P3              Spot mahazar
Ex.P4              Inquest report
Ex.P5              PM report
 SCCH-17                     29             MVC 7288/2023


Ex.P6       Charge sheet
Ex.P7       Notarized copies of Aadhar cards
Ex.P8       Notarized copy of        voter ID card of
            deceased


List of witnesses examined on respondents’ side:

RW.1 Sri Bikaram Singh Rana.

List of documents exhibited on respondents’ side:

Ex.R1         Authorization letter
Ex.R2         Insurance policy
Ex.R3         Extract of driving license




                           (KANCHI MAYANNA GOUTAM)
                               XIX ADDL.JUDGE,
                        Court of Small Causes & MACT,
                               BENGALURU.


                                              Digitally signed
                                              by KANCHI
                         KANCHI               MAYANNA
                                              GOUTAM
                         MAYANNA              Date:
                         GOUTAM               2025.06.09
                                              17:27:32
                                              +0530
 



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