- 1 - HC-KAR NC: 2025:KHC:40674 MFA No. 5352 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5352 OF 2024 (MV-D) BETWEEN: BMTC REP. BY ITS MD SHANTHINAGAR K.H.ROAD BANGALORE -560 027 NOW THROUGH CHIEF LAW OFFICER BMTC, BENGALURU …APPELLANT (BY SRI. NAGARAJA K., ADVOCATE) AND: 1. SMT.RAMANI S., W/O LATE SRI.SARAVANA AGED ABOUT 30 YEARS 2. MISS. VARSHINI S., D/O LATE SRI.SARAVANA AGED ABOUT 9 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40674 MFA No. 5352 of 2024 3. SMT.SULOCHANA W/O SRI VENUGOPAL AGED ABOUT 57 YEARS ALL ARE R/AT NO 1436. 3RD CROSS, KAVARINAGARA, BANASHANKARI 2ND STATE, BANAGALORE -560 070 SINCE RESPONDENT NO.2 ABOVE BEING MINOR REP. BY HER NATURAL GUARDIAN MOTHER RESPONDENT NO.1 …RESPONDENTS (BY SRI. JAGADEESH H.T., ADVOCATE FOR R1 TO R3 R2 IS MINOR- REP. BY R1) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 27.02.2024 PASSED IN MVC NO.6498/2022 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-25), AWARDING COMPENSATION OF RS.29,49,700/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:40674 MFA No. 5352 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.6498/2022 dated 27.02.2024 by the XXIII Addl. Small Causes Judge & MACT, Bengaluru, the BMTC is before this court questioning the negligence on the part of the deceased. 2. The claim petition is filed seeking compensation of an amount of Rs.51,00,000/- for the death of the deceased in the road traffic accident. On 17.11.2022 at about 9.05 p.m. the deceased was riding his two wheeler near Kanakapura main road, at that time, a BMTC bus driven by its driver came in a rash and negligent manner took the bus towards right without observing the deceased and hit the motorcycle of the deceased. The deceased fell down and the bus wheel ran over him and he died at the spot and tribunal had granted compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 27,77,664/- 2. Loss of estate : Rs. 20,000/- 3. Loss of consortium : Rs. 1,32,000/- 4. Transportation & Funeral expenses : Rs. 20,000/- TOTAL : Rs. 29,49,700/- - 4 - HC-KAR NC: 2025:KHC:40674 MFA No. 5352 of 2024 3. When it comes to the negligence, the tribunal has held that the accident had taken place because of the rash and negligent driving of the driver of the BMTC bus. 4. Learned counsel appearing for the BMTC submits that on close perusal of Ex.P3/sketch shows that the deceased had overtaken the bus from the extreme right side and absolutely there is no space for the vehicle to overtake which clearly shows that there is contributory negligence on the part of the deceased and this aspect was not considered by the tribunal. It is submitted that there is 50% contributory negligence on the part of the deceased. 5. Learned counsel appearing for the respondent/ claimants submits that the tribunal had rightly granted the compensation and rightly held that that complete negligence is on the part of the driver of the BMTC bus and there are no grounds to interfere. 6. Having heard the learned counsels on either side, perused the entire material on record. This court has perused the Ex.P-3-spot sketch, as rightly submitted by the learned counsel appearing for BMTC, on the right side of the vehicle, - 5 - HC-KAR NC: 2025:KHC:40674 MFA No. 5352 of 2024 the space is less. There is no doubt that there is contributory negligence on the deceased and tribunal had failed to fasten the contributory negligence on the deceased. Hence, in the considered opinion of this court, contributory negligence shall be apportioned at 10% on the deceased and 90% on the driver of the BMTC. As far as quantum is concerned, the tribunal had rightly granted the compensation and this court is not going into that aspect. The tribunal had granted compensation of an amount of Rs.29,49,700/-, 10% of the compensation would comes to Rs.2,94,970/-. Hence, BMTC is liable to pay an amount of Rs.26,54,730/-. i. Accordingly, the appeal filed by the BMTC is Partly Allowed by reducing the compensation from an amount of Rs.29,49,700/- to Rs.26,54,730/-. ii. Amount in deposit shall be forthwith transferred to the tribunal. iii. Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. - 6 - HC-KAR NC: 2025:KHC:40674 MFA No. 5352 of 2024 iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 96