- 1 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3149 OF 2020 (MV-D) BETWEEN: THE MANAGING DIRECTOR, BMTC, DEPOT, BANGALORE CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027, REPRESENTED BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) AND: 1. SALAR HUSSEN S/O IMAM SAAB, AGED ABOUT 44 YEARS, 2. ASIYA BEGAM W/O SALAR HUSSEN, AGED ABOUT 39 YEARS, BOTH ARE R/AT DODDAMALLIGERE, MAYASANDRA HOBLI, MALLIGERE POST, TURUVEKERE TALUK, TUMKUR DISTRICT-572227. …RESPONDENTS (BY SRI. SRIDHAR D S., ADVOCATE FOR R1 & R2.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2019 PASSED IN MVC NO.1775/2018 ON THE FILE OF THE IV ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU, SCCH-6 AWARDING Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 COMPENSATION OF RS.5,62,555/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT. THIS APPEAL, COMING ON FOR PART HEARD, 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.1775/2018 dated 11.11.2019 by the IV Additional Judge and MACT, Court of Small Causes, Bangalore, whereby the Tribunal had granted compensation of an amount of Rs.5,62,555/- with interest @9% per annum from the date of petition till the date of payment, the appellant/BMTC is before this Court. 2. The facts of the case are that on 25.02.2018 at about 8:30 a.m., the deceased, who was aged 15 years was proceeding in a motor cycle as a pillion rider. The rider of the motor cycle was riding the same on the extreme left side on Kengeri Uttarahalli Main Road, near J.S.S. college, Bengaluru, at that time, suddenly the driver of BMTC Bus came from Channasandra towards Kengeri in a rash and negligent manner dashed against the motor cycle, further moved ahead and dashed against the private bus consequent to which the deceased fell down and sustained grievous injuries all over the - 3 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 body. Immediately, the deceased was shifted to Rajarajeshwari hospital, wherein after conservative treatment, for further management referred to Victoria Hospital, wherein the deceased succumbed to the injuries and died. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 4,50,000/- 2. Loss of love and affection : Rs. 80,000/- 3. Towards transportation of dead body and funeral expenses : Rs. 15,000/- 4. Medical expenses : Rs. 17,555/- TOTAL : Rs. 5,62,555/- 4. Learned counsel appearing for the appellant/BMTC submits that in the light of the law laid down by the Hon'ble Apex Court in case of Kishan Gopal and Another Vs. Lala and Others1, the notional income is taken at Rs.30,000/- and the loss of dependency is awarded at Rs.4.5 lakhs and an 1 (2014) 1 SCC 244 - 4 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 amount of Rs.50,000/- is added towards loss of love and affection, funeral expenses, last rites etc. It is submitted that in this case, the Tribunal had granted an amount of Rs.4,50,000/- under the head of loss of dependency, but when it comes to the loss of love and affection, an amount of Rs.80,000/- is granted and an amount of Rs.15,000/- is granted towards transportation of dead body and funeral expenses and towards medical expenses, an amount of Rs.17,555/- was granted. Altogether, an amount of Rs.5,62,555/- was granted. Learned counsel submits that towards loss of love and affection, transportation of dead body and funeral expenses, instead of an amount of Rs.80,000/- and Rs.15,000/-, an amount of Rs.50,000/- should have been granted. It is submitted that the interest is granted @ 9% per annum and the same has to be reduced to 6% per annum. 5. Though the matter was listed on several occasions before this Court, there was no representation on behalf of the respondents. This Court has given enough opportunity to the learned counsel for the respondents to represent the case, in spite of that, he has failed to appear before this Court and the - 5 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 matter is listed today as 'part-heard'. Today also, there is no representation on behalf of the respondents. Hence, this Court is proceeding with the matter basing on the material on record. 6. Having heard the learned counsel for the appellant, perused the entire material on record. The deceased was aged 15 years. In the light of the judgment of the Hon'ble Apex Court in Kishan Gopal's case referred supra, which applies to the facts of this case, where the Hon'ble Apex Court had taken the notional income as Rs.30,000/- by applying multiplier of 15 had granted an amount of Rs.4,50,000/- under the head of loss of dependency and an amount of Rs.50,000/- towards loss of love and affection, funeral expenses, altogether an amount of Rs.5,00,000/- was granted, but however, interest is granted @ 9% per annum. As rightly argued by the learned counsel for the appellant/BMTC, the claimants are entitled for an amount of Rs.4,50,000/- under the head of loss of dependency and an amount of Rs.50,000/- towards loss of love and affection and an amount of Rs.17,555/- towards medical expenses. 7. The claimants are therefore, entitled to the compensation under the following heads: - 6 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 4,50,000/- 4,50,000/- 2. Loss of love and affection : Rs. 80,000/- 50,000/- 3. Towards transportation of dead body and funeral expenses : Rs. 15,000/- 00/- 4. Medical expenses : Rs. 17,555/- 17,555/- TOTAL : Rs. 5,62,555/- 5,17,555/- Reduction : Rs. 45,000/- 8. Altogether, the claimants are entitled for an amount of Rs.5,17,555/-. As far as the interest is concerned, the Hon'ble Apex Court in Kishan Gopal's case referred supra had granted 9% interest. Hence, when the appellant is relying on the said judgment, this Court cannot take exception as far as the interest is concerned. 9. Accordingly, the appeal filed by the appellant/BMTC is partly allowed by reducing the compensation from an amount of Rs.5,62,555/- to Rs.5,17,555/-. i. The amount shall carry interest @ 9% per annum. - 7 - HC-KAR NC: 2025:KHC:32632 MFA No. 3149 of 2020 ii. The amount in deposit shall be transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The respondent/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 without furnishing any security. i. 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. ii. No costs. iii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 2