- 1 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 1354 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 7160 OF 2021 (MV-D) IN MFA No. 1354/2022 BETWEEN: THE MANAGING DIRECTOR, BMTC, NO 27,SHANTI NAGAR, DOUBLE ROAD, BENGALURU - 560027. &APPELLANT (BY SRI. SOHANI A.HOLLA, ADVOCATE) AND: 1. SMT. J.ASHARANI, W/O LATE R.NAGARJUN, AGED ABOUT 26 YEARS, 2. SRI. RAGHAVENDRA REDDY, S/O CHINNAPPA REDDY, AGED ABOUT 63 YEARS, 3. SMT. SUNITA R., W/O RAGHAVENDRA REDDY, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT NO.166, V CROSS, TRANSWORLD, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 VIGGNANA NAGARA, NEW THIPPASANDRA, BENGALURU NORTH -560 075. &RESPONDENTS (BY SRI. GURUDEVA PRASAD K.T., ADVOCATE FOR R1 TO R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2021 PASSED IN MVC NO. 7017/2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M. MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS. 46,88,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 7160/2021 BETWEEN: 1. SMT. J.ASHARANI, W/O LATE R.NAGARJUN, AGED ABOUT 26 YEARS, 2. SRI. RAGHAVENDRA REDDY, S/O CHINNAPPA REDDY, AGED ABOUT 63 YEARS, 3. SMT. SUNITA R., W/O RAGHAVENDRA REDDY, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT NO.166, V CROSS, TRANSWORLD, VIGGNANA NAGARA, NEW THIPPASANDRA, BENGALURU NORTH -560 075. AND ALSO R/AT NO.07, 26TH CROSS, BALAJI LAYOUT, KAGGADASAPURA, BENGALURU-560 093. ...APPELLANTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 AND: THE MANAGING DIRECTOR BMTC, MOTOR CLAIMS, HUB, NO.27, DOUBLE ROAD, SHANTHINAGAR, BENGALURU-560 027. ...RESPONDENT (BY SRI. SOHANI A.HOLLA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2021 PASSED IN MVC NO. 7017/2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH- 20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellants and learned counsel for the respondents. 2. As these appeals are arising out of common judgment and award passed by the Tribunal in - 4 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 MVC.No.7017/2019 on the file of the learned V Additional Judge, SCCH-20, Mayohall, Bengaluru dated 26.03.2021. 3. MFA.No.1354/2022 is filed by the Bangalore Metropolitan Transport Corporation (for short 'BMTC'), challenging the judgment and award passed by the Tribunal on the ground of liability and interest. Whereas the MFA.No.7160/2021 is filed by the claimants being aggrieved by the judgment and award, seeking for enhancement of compensation passed by the Tribunal. 4. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 5. Brief facts of the case are that, on 17.09.2019 at around 8.20 am, Sri R.Nagarjun (hereinafter referred as the deceased) was riding a motorcycle bearing Reg.No.KA- 03-HW-7666 on Varthur main road, HAL, Bangalore, while BMTC bus No.KA-42-F-1728, came in a rash and negligent manner and dashed to the motor cycle of the deceased, due to which, the deceased fell down and sustained - 5 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 several grievous injuries and he died on the spot. At the time of accident, the deceased was aged about 32 years and was earning Rs.25,000/- per month as a Construction Supervisor. Hence, claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 for seeking compensation. 6. Smt. Sohani A Holla, learned counsel for the appellant-Corporation vehemently contended that there was absolutely no negligence on the part of the driver of the bus and the rider of the motorcycle was solely responsible for the accident as he had moved in a rash and negligent manner with high speed and the rider was not wearing helmet and tried to overtake the slow moving bus from the right side between the footpath and slow moving bus, at that time, left side handle of the motorcycle came in contact with the right side hind portion of the bus, due to which he lost his balance and fell on the hard surface of the road and sustained injuries. However, the Tribunal has not taken into consideration all these - 6 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 aspects and saddled the entire responsibility on the Corporation. 7. Learned counsel further contended that the entire negligence was on the side of the rider of the motorcycle. The quantum of compensation awarded by the Tribunal towards 'loss of dependency', 'future prospects', 'loss of consortium' and interest, are all on higher side. 8. Further, the Tribunal has awarded 50% towards 'future prospects' which is also on higher side. Further, the Tribunal has committed an error in awarding interest at the rate of 9% p.a. which is also exorbitant. Thus, she prays to allow the appeal. 9. Sri Gurudeva Prasad K.T, learned counsel for the claimants vehemently contended that the Tribunal has awarded fair and reasonable compensation on all heads except on the head 'loss of consortium'. The Tribunal has awarded a sum of Rs.90,000/- only. As there are three claimants-dependants, they are entitled for Rs.40,000/- - 7 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 each which comes to a sum of Rs.1,20,000/- towards 'loss of consortium'. Thus, he prays to allow his appeal. 10. Having heard the learned counsel for both the parties and on perusal of the appeal papers along with original records of the Tribunal, the points that would arise for our consideration in the appeal are: (i) Whether the Tribunal has rightly justified in saddling the entire liability on the Corporation? (ii) Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement or reduction? 11. To prove the claim of the appellant, one J Asharani was examined as PW.1 and PW.2-Arun and documents were marked as per Ex.P-1 to P-18. On behalf of respondents, RW.1-K.C.Manjunatha was examined. 12. Insofar as the negligence aspect is concerned, on perusal of the oral evidence and as per the contents of Exs.P1-FIR, P2-FIS, P3-Spot Mahazar, P4-Sketch, P5-IMV - 8 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 report, P6-Inquest report, P7-PM report, P8-Charge sheet, they clearly demonstrate that the bus is involved in the accident and therefore the Investigating Officer has rightly conducted investigation and filed charge sheet against the driver of BMTC bus for the offences under sections 279, 304(A) of IPC. The contents of Ex.P3-spot mahazar and Ex.P4-sketch, clearly indicate that the rider of the motorcycle dashed the BMTC bus from rear side. Thus, the accident occurred due to the rash and negligent act of the driver of BMTC bus and caused the accident to the motorcycle. At the time of accident, the rider of the motorcycle (the deceased) was not wearing helmet. Thus, it is clear that the driver of the bus came in high speed and the driver of the bus could have applied brake as it is a heavy motor vehicle. Hence, it is a fit case warranting in exercising powers of this Court to interfere with the finding of the Tribunal and saddling the liability on the offending Corporation bus to an extent of 90% and 10% on the owner/rider of the motorcycle (the deceased). - 9 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 Accordingly, the finding of the Tribunal as regards the contributory negligence is modified to that extent. 13. Insofar as the quantum of compensation is concerned, the Tribunal considered income of the deceased at Rs.25,000/- per month, which is fair and reasonable one. 14. Insofar as the future prospects are concerned, the Tribunal has considered the same at 50%. The Hon'ble Supreme Court in the case of NATIONAL INSURANCE CO. LTD. Vs. PRANAY SETHI reported in (2017) 16 SCC 680 has held that, if the deceased is within the age group of 30 - 40 years, then 40% of the income of the deceased would be added as future prospects as the deceased was employed in a Private Firm. 15. The Tribunal has rightly deducted 5% towards Income Tax. After the deduction of Income Tax, the annual income of the deceased would be Rs.2,85,000/- to which 40% future prospects would be added, 1/3rd would - 10 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 be deducted with multiplier of '16'. Thus, the loss of dependency is reckoned as under: Rs.25,000 x 12 -5% = Rs.2,85,000/- Rs.2,85,000 + 40% = Rs.3,99,000/- Rs.3,99,000 - 1/3rd = Rs.2,66,000/- Rs.2,66,000 x 16 = Rs. 42,56,000/- 16. The Tribunal has committed an error in not awarding fair compensation under conventional heads. In view of the judgment of Hon'ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM ALIAS CHUHRURAM AND OTHERS reported in (2018) 18 SCC 130 and NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680, the claimants are entitled towards 8loss of consortium9 at Rs.40,000/- each which comes to the total of Rs.1,20,000/-, Rs.15,000/- towards 8loss of estate9 and Rs.15,000/- for 8funeral expenses9. - 11 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 17. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 42,56,000 Loss of consortium 1,20,000 Funeral expenses 15,000 Loss of estate 15,000 TOTAL 44,06,000 Less: Compensation awarded by the Tribunal 46,88,000 REDUCED COMPENSATION 2,82,000 18. In the result, we pass the following: O R D E R i. The appeal filed by the Corporation in MFA.No.1354/2022 is allowed-in-part and the appeal filed by the claimants in MFA.No.7160/2021 is hereby dismissed. ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled for a total compensation of Rs.44,06,000/- as against Rs.46,88,000/- awarded - 12 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 by the Tribunal with interest at the rate of 6% per annum. Hence, the sum of Rs.2,82,000/- is reduced. iii. The compensation amount shall carry interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its realization. iv. The Corporation is directed to deposit 90% of its liability before the Tribunal together with interest within six weeks from the date of receipt of a copy of this judgment and the contributory negligence on the part of the rider of the motorcycle i.e., the deceased is arrived at 10% of the liability. v. Apportionment, disbursement and deposit of the total compensation shall be made in terms of the award of the Tribunal. vi. The amount in deposit shall be transmitted to the Tribunal. vii. Draw modified award accordingly. - 13 - HC-KAR NC: 2025:KHC:35341-DB MFA No. 1354 of 2022 C/W MFA No. 7160 of 2021 viii. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. In view of the disposal of the appeal, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 32