- 1 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6545 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1811 OF 2024 (MV-I) IN MFA No. 6545/2023: BETWEEN: THE MANAGING DIRECTOR B.M.T.C, K.H. ROAD SHANTHI NAGAR BENGALURU - 560 027 REPRESENTED BY IT'S CHIEF LAW OFFICER. …APPELLANT (BY SRI DABALI FAKKIRAPPA SHIDRAMAPPA, ADV.) AND: SRI VENKATESH G S/O LATE GOPAL IYENGAR AGED ABOUT 63 YEARS RESIDING AT SRINIVASA NILAYAM 4TH CROSS, 3RD MAIN SRS ROAD, PEENYA BENGALORE NORTH BENGALORE - 560 058. …RESPONDENT (BY SRI HARISH N.R, ADV.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2023 PASSED IN MVC NO. 4645/2022 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), AWARDING COMPENSATION OF RS.10,85,877/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION, TILL THE REALIZATION OF THE AWARD AMOUNT. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 IN MFA NO.1811/2024: BETWEEN: SRI VENKATESH G S/O LATE GOPAL IYENGAR AGED ABOUT 64 YEARS R/AT NO SRINIVASA NILAYA, 4TH CROSS, 3RD MAIN SRS ROAD, PEENYA BENGALURU NORTH BENGALURU - 560 058. ...APPELLANT (BY SRI HARISH N.R, ADV.) AND: THE MANAGING DIRECTOR BMTC, K.H. ROAD SHANTHINAGARA BENGALURU - 560 027. ...RESPONDENT (BY SRI DABALI FAKKIRAPPA SHIDRAMAPPA, ADV.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2023 PASSED IN MVC NO. 4645/2022 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, 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.4645/2022 dated 21.06.2023 by the III Addl. Judge and Member, MACT, Court of Small Causes, Bengaluru, whereby the Tribunal had - 3 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 granted compensation of an amount of Rs.10,85,877/-, both the BMTC as well as the claimant are before this Court. The BMTC has filed MFA.No.6545/2023 by questioning the award on the ground that there is contributory negligence on the part of the claimant and the claimant had filed MFA.No.1811/2024 seeking enhancement of the compensation. 2. It is the case of the claimant that on 02.07.2022 at about 11.45 am., the claimant was proceeding in his two wheeler scooter near MEI Junction on Tumkur road at Bengaluru City, at that point of time, the driver of the BMTC bus came with high speed in a rash and negligent manner and lost his control dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Pain and suffering Rs. 75,000/- 2. Loss of income during laid up period and rest period Rs. 31,000/- 3. Medical expenses Rs. 6,90,517/- 4. Attendant, nourishment and conveyance charges Rs. 20,000/- 5. Loss of future income Rs. 2,34,360/- - 4 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 6. Loss of amenities Rs. 35,000/- 7. Future medication Rs. - Total Rs. 10,85,877/- 3. Learned counsel appearing for the BMTC submits that though there is contributory negligence on the part of the claimant, the same is evident from the evidence of the driver, who is examined by the BMTC. It is further submitted that the IMV report and the spot sketch also supports the case of the BMTC. The spot sketch clearly shows that there is contributory negligence on the part of the claimant. When it comes to the compensation, it is submitted that the Tribunal had granted compensation which is just and reasonable and no interference is called for the same. 4. Learned counsel appearing for the claimant submits that the Tribunal had rightly considered and held that the accident had taken place because of the rash and negligent driving of the driver of the BMTC bus. In fact, the charge sheet is filed against the driver and all the police evidence is against the driver of the opposite vehicle and the Tribunal had rightly fastened the liability on the BMTC. When it comes to compensation, it is submitted that the claimant had sustained as many as five grievous injuries and the Tribunal has not - 5 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 granted reasonable amount under the head of pain and suffering. Even under the head of loss of income also, the Tribunal had only considered for two months. Further towards loss of amenities, the amount that is awarded is not a reasonable compensation. It is submitted that when the doctor had opined that the disability to the whole body is 20%, the Tribunal without any basis had taken the disability at 18% and granted the compensation and the same needs to be enhanced. 5. Having heard the learned counsels on either side, perused the material on record. The police after a full-fledged investigation had filed the charge sheet against the driver of the BMTC bus. This Court has perused the spot sketch, IMV report and none of these documents support the case of the BMTC that there is contributory negligence on behalf of the deceased. In that view of the matter, this Court is of the view that the Tribunal had rightly held that the accident had occured because the rash and negligent driving of the driver of the opposite vehicle i.e., the BMTC bus. 6. Then coming to the compensation, the claimant had sustained head injury, bilateral nasal bone fracture, left clavicle - 6 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 comminuted fracture, multiple ribs fracture, right superior and inferior pubic rami fracture etc. Considering all the injuries that are sustained by the claimant, this Court is granting an amount Rs.90,000/- towards pain and suffering. Under the head of loss of income during the laid up period for 6 months, this Court is granting an amount of (15,500X6)=Rs.93,000/-. Under the heads of medical expenses and attendant, nourishment and conveyance charges the Tribunal had rightly granted the compensation amount and this Court is not interfering with the same. Coming to the loss of future income, the doctor has opined that the whole body disability with respect to right upper limb of the claimant is 9%, whole body disability with respect to the right lower limb is 12% and total whole body disability is 20% and total disability of the right lower limb is 35%. The Tribunal had taken the disability at 18% and there is no basis for the Tribunal to take the disability at 18% when the evidence of the doctor is consistent. Looking at the injuries that are sustained by the claimant, this Court is taking the disability at 20%. Hence, towards the loss of future income this Court is granting an amount of (15,500X12X7X20/100)= Rs.2,60,400/-. Considering the - 7 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 injuries and disability, under the head of loss of amenities, this Court is granting an amount of Rs.50,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Pain and suffering Rs. 75,000/- 90,000/- 2. Loss of income during laid up period and rest period Rs. 31,000/- 93,000/- 3. Medical expenses Rs. 6,90,517/- 6,90,517/- 4. Attendant, nourishment and conveyance charges Rs. 20,000/- 20,000/- 5. Loss of future income Rs. 2,34,360/- 2,60,400/- 6. Loss of amenities Rs. 35,000/- 50,000/- 7. Future medication Rs. - - 8. Legal expenses Rs. - 10,000/- Total Rs. 10,85,877/- 12,13,917/- Enhanced amount Rs. 1,28,040/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 9. Altogether, the claimant is entitled for compensation of an amount of Rs.12,13,917/-. 10. Accordingly, MFA.No.1811/2024 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.10,85,877/- to Rs.12,13,917/-. 11. Accordingly, MFA.No.6545/2023 filed by the BMTC is dismissed. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The amount in deposit shall be forthwith transferred to the Tribunal. iv) The BMTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. v) 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. - 9 - HC-KAR NC: 2025:KHC:34560 MFA No. 6545 of 2023 C/W MFA No. 1811 of 2024 vi) On 02.09.2025, the delay of 137 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, BMTC is not liable to pay the interest for the delayed period. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 18