- 1 - HC-KAR NC: 2025:KHC:37649 MFA No. 5368 of 2024 C/W MFA No. 5189 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5368 OF 2024(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.5189 OF 2024(MV-I) IN MFA No. 5368/2024: BETWEEN: THE MANAGING DIRECTOR, B.M.T.C., K. H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. …APPELLANT (BY SRI. D. VIJAYAKUMAR, ADVOCATE (VC)) AND: SHRI. NAGARAJA S. S., S/O. SANNAMARIYAPPA, AGED ABOUT 36 YEARS, R/AT: SANABA GHATTA, K. HONNAMACHANAHALLI POST, KUNIGAL TALUK, TUMKURU DISTRICT, KARNATAKA -572111 …RESPONDENT (BY SRI. K. V. SHYAMAPRASADA, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2024 PASSED IN MVC NO.7107/2022 ON THE FILE OF THE III ADDITIONAL Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37649 MFA No. 5368 of 2024 C/W MFA No. 5189 of 2024 JUDGE AND MEMBER, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), AWARDING COMPENSATION OF RS.1,14,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION WITHIN TWO MONTHS FROM THE DATE OF THIS ORDER. IN MFA NO. 5189/2024: BETWEEN: THE MANAGING DIRECTOR, B. M. T. C., K. H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. ...APPELLANT (BY SRI. D. VIJAYAKUMAR, ADVOCATE (VC)) AND: SHRI HARSHITH KUMAR D. S., (ALSO CALLED AS HARSHITH), S/O. SHRINIVAS D. R., AGED ABOUT 24 YEARS, PRESENTLY RESIDING AT: NO. 49, IV CROSS, INDIRANAGAR SLUM, RAJAJINAGAR, BENGALURU - 560 010. ADDRESS IN ADHAAR CARD, SANABA GHATTA, K. HONNAMACHANAHALLI POST, AMRUTHUR HOBLI, KUNIGAL (RURAL), TUMKUR DISTRICT, - 3 - HC-KAR NC: 2025:KHC:37649 MFA No. 5368 of 2024 C/W MFA No. 5189 of 2024 KARNATAKA - 572 130. ...RESPONDENT (BY SRI. K. V. SHYAMAPRASADA, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2024 PASSED IN MVC NO.7010/2022 ON THE FILE OF THE III ADDITIONAL JUDGE MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, SCCH-18, AWARDING COMPENSATION OF RS.3,40,130/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMON ORAL JUDGMENT Heard Sri.D.Vijayakumar who appears through video conference and represents the appellant in both the appeals as well as Sri.K.V.Shyamaprasada who appears physically before this Court and represents the respondents in both the appeals. 2. While MFA No.5189/2024 is preferred challenging the order that is rendered in MVC No.7010/2022, MFA No.5368/2024 is filed challenging the order that is rendered in - 4 - HC-KAR NC: 2025:KHC:37649 MFA No. 5368 of 2024 C/W MFA No. 5189 of 2024 MVC No.7107/2022. Both the orders were rendered by the Motor Accident Claims Tribunal, Bengaluru on 17.02.2024. On the ground that the compensation granted in both the cases is exorbitant, these appeals were filed. 3. Sri.D.Vijaya Kumar arguing both the matters submits that the compensation granted by the Tribunal in both the matters is highly excessive. Learned counsel states that though the aspect of absence of negligence on the part of the driver of the appellant is also raised, yet he restricts his submission regarding the quantum of amount that is awarded as compensation in both the cases. 4. Sri.K.V.Shyamaprasada, learned counsel for the respondents in both the appeals states that the compensation granted is just and reasonable. 5. So far as the claimant in MVC No.7010/2022 is concerned, he sustained an injury over right occipito parietal region and the CT disclosed bifrontal sub arachnoid hemorrhage. That apart he also sustained fracture of right clavicle. Those injuries are grievous in nature. He sustained abrasion over right hand also which is simple in nature. Having - 5 - HC-KAR NC: 2025:KHC:37649 MFA No. 5368 of 2024 C/W MFA No. 5189 of 2024 considered the evidence produced which includes the aspect of disability, the Tribunal awarded a total sum of Rs.3,40,130/- as compensation. This Court is of the view that the compensation thus granted where the claimant suffers with disability of 7% in respect of whole body as established by him is reasonable. 6. So far as the compensation granted in MVC No.7107/2022 is concerned, the claimant in the said case sustained 3 grievous injuries and 4 simple injuries. The grievous injuries are injury to right fronto parietal region, fracture of left clavicle and fracture of 1st metacarpal bone. The Tribunal awarded a sum of Rs.1,14,500/- as compensation in toto. The compensation thus awarded is reasonable in the light of the nature of injuries sustained. 7. The award of the Tribunal reveals discussion on all aspects of the case. The sum granted as compensation by the Tribunal as earlier indicated is just and reasonable. Therefore, this Court is of the view that there are no grounds to set aside or alter the impugned orders. Resultantly, both the appeals stand dismissed. - 6 - HC-KAR NC: 2025:KHC:37649 MFA No. 5368 of 2024 C/W MFA No. 5189 of 2024 The amount if any in deposit in both the appeals be transmitted to the concerned Tribunal immediately. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 97