- 1 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 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.2631 OF 2024(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.4207 OF 2024(MV-D) IN MFA No. 2631/2024 BETWEEN: THE MANAGING DIRECTOR, BENGALURU METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE, SHANTHINAGAR, BENGALURU-560 027. …APPELLANT (BY SRI. D. VIJAYAKUMAR, ADVOCATE) AND: 1. SMT. K. GEETA, W/O. LATE K. GOVINDAREDDY, AGED ABOUT 33 YEARS, 2. K VIJAY KUMAR S/O. LATE K. GOVINDAREDDY, AGED ABOUT 12 YEARS, 3. SREERAM, S/O. LATE K. GOVINDAREDDY, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 AGED ABOUT 10 YEARS, ALL ARE R/AT: NO.58, NEAR TAYAMMA TEMPLE, KODALU, CHIKKANTAPUR, BELLARY, KARNATAKA-583 115. SINCE THE RESPONDENT NOS.2 AND 3 ARE MINORS, REP BY THEIR MOTHER AND NATURAL GUARDIAN RES.NO.1 SMT. K. GEETA, W/O. LATE K. GOVINDAREDDY. …RESPONDENTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE FOR R1 TO R3; R2 AND R3 ARE MINORS REP BY RESPONDENT NO.1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.12.2023 PASSED IN MVC NO.4368/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-16, AWARDING COMPENSATION OF RS.23,58,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 4207/2024 BETWEEN: 1. K. GEETA, W/O. LATE K. GOVINDAREDDY, AGED ABOUT 33 YEARS, - 3 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 2. K. VIJAY KUMAR, S/O. LATE K. GOVINDAREDDY, AGED ABOUT 12 YEARS, 3. SREERAM, S/O. LATE K. GOVINDAREDDY, AGED ABOUT 10 YEARS, ALL THE APPELLANTS R/AT NO.58, NEAR TAYAMMA TEMPLE, KODALU, CHIKKANTAPUR, BELLARY, KARNATAKA-583 115. APPELLANTS NOS.2 AND 3 ARE BEING MINOR REPTS. BY HER MOTHER AND NATURAL GUARDIAN GEETA, W/O. LATE K. GOVINDAREDDY, ...APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: THE MANAGING DIRECTOR, BENGLAURU METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE, SHANTHINAGAR, BENGALURU-560 027. ...RESPONDENT (BY SRI. D. VIJAYAKUMAR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.12.2023 PASSED IN MVC. NO.4368/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-16, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.4368/2022 dated 29.12.2023 by the X Addl. Judge, Court of Small Cause and Member, MACT, Bengaluru whereby the Tribunal had awarded the compensation of an amount of Rs.23,57,959/-. The BMTC as well as the claimants are before this Court. The BMTC’s appeal is MFA.No.2631/2024 and the claimant’s appeal is MFA.No.4207/2024. 2. The claim petition is filed by the wife and children of the deceased seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimants that on 10.08.2022 at - 5 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 about 10.30 am., the deceased was riding the motorcycle slowly, cautiously and observing all traffic norms. At that time, the driver of BMTC bus driven the same with high speed, rash and negligent manner and dashed against the motorcycle of the deceased. Due to the accident, the deceased fell down and sustained grievous injuries. Immediately, the claimant was shifted to Neha Prakash Hospital, Yelahanka and further shifted to M.S. Ramaiah Hospital, but during the course of treatment the deceased succumbed to the injuries on 12.08.2022 at about 6.45 pm. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss of dependency Rs. 21,70,000/- 2. Loss of spousal, parental and filial consortium Rs. 1,44,000/- 3. Loss of estate Rs. 18,000/- 4. Funeral expenses Rs. 18,000/- 5. Medical expenses Rs. 7,959/- Total Rs. 23,57,959/- 3. When it comes to the rash and negligent driving, the Tribunal had observed that the BMTC had examined the driver of the offending vehicle. He had reiterated the contents of the written statement. In the cross examination he has - 6 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 admitted that he has not given the complaint to the police, but he has not explained why he has not given the complaint against the rider of the two-wheeler immediately after the accident. If the rider of the motorcycle had caused the accident, then the driver of the bus ought to have filed the complaint before the police. He had further admitted that the police have filed the charge sheet against him and criminal case is pending against him. Except RW1 the BMTC has not examined any independent witness like passengers in the bus etc., to show the absence of negligence of the part of the driver of the BMTC bus. Therefore, from the documentary and oral evidence it is clear that the driver of the BMTC bus drove the same in rash and negligent manner. Further, they have proved that the driver of the BMTC bus dashed the rider of the two- wheeler and caused the accident. It is also clear that the rider of the two-wheeler vehicle sustained head injury due to the impact of the accident and succumbed to the injuries in the hospital and the Tribunal had held that the claimants have proved that the rash and negligent driving of the driver of the bus and accordingly, held that the accident had taken place - 7 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 because of the rash and negligent driving on the part of the driver of the BMTC bus. 4. Learned counsel appearing for the BMTC submits that the Ex.P.2 sketch and the damages to the vehicle on the left side makes it clear that the rider of the two wheeler i.e., the deceased had contributed to the accident. While crossing the junction, he has to be cautious and has to see whether any heavy vehicles are coming. The Tribunal has failed to consider this aspect and fastened the liability on the driver of the BMTC. It is further submitted that the compensation that is awarded by the Tribunal is also on the higher side and the same needs to be reduced. 5. Learned counsel appearing for the claimants submits that on all counts the compensation needs to be enhanced. As far as the negligence is concerned, the Tribunal had rightly fastened the liability on the driver of the BMTC and no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. As per the charge sheet, the accident had taken place because of the negligence on the part - 8 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 of the driver of the BMTC bus. In that regard a complaint is registered against him and the charge sheet is also filed. The Tribunal had observed that when it is the case that the accident had taken place because of the negligence of the deceased, the bus driver ought to have given a complaint. Admittedly, in this case he has not given the complaint nor he has questioned the charge sheet. Further, the BMTC has not examined anybody except the driver. In those circumstances, the Tribunal had rightly come to the conclusion that there is no negligence on the part of the deceased and rightly fixed the liability on the driver of the BMTC bus and this Court finds no reasons to interfere with the well considered award passed by the Tribunal. 7. Then coming to the compensation, considering the income and applying the multiplier, the Tribunal had rightly granted the compensation and there are no grounds to interfere with the same. 8. Accordingly, MFA.No.2631/2024 filed by the BMTC and MFA No.4207/2024 filed by the claimants are dismissed. - 9 - HC-KAR NC: 2025:KHC:40659 MFA No. 2631 of 2024 C/W MFA No. 4207 of 2024 i) The amount in deposit shall be forthwith transferred to the Tribunal. ii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii) No costs. iv) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 80