- 1 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 4708 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3497 OF 2022 (MV-I) IN MFA No. 4708/2022 BETWEEN: V. PAPANNA S/O LATE P. VENKATAPPA AGED ABOUT 50 YEARS R/A NO.13, NEAR GOVT SCHOOL THIRUMALASHETTYHALLI VILLAGE SAMETHANAHALLI POST, HOSKTOE TALUK BANGALORE DISTRICT. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND: THE MANAGING DIRECTOR BMTC K.H. ROAD, SHANTHINAGAR BANGALORE - 560 027. …RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.25.01.2022 IN MVC NO.7715/2018 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSE JUDGE, ACMM, MEMBER, MACT, BENGALURU, (SCCH- 10), PARTLY ALLOWING THE CLAIM PETITION FOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3497/2022 BETWEEN: THE MANAGING DIRECTOR, BMTC, K.H. ROAD SHANTHINAGAR BENGALURU - 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SRI. F.S. DABALI, ADVOCATE) AND: SRI. V. PAPANNA AGED ABOUT 50 YEARS, S/O LATE P VENKATAPPA RESIDING AT NO.13, NEAR GOVT SCHOOL THIRUMALASHETTY HALLI VILLAGE SAMETHANAHALLI POST, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 560 067. ...RESPONDENT (BY SRI. RANGEGOWDA N R.,ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2022 PASSED IN MVC NO.7715/2018 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT, BENGALURU (SCCH-10), AWARDING COMPENSATION OF RS.5,33,982/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. - 3 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT Both these appeals arise out of judgment and award dated 25th January 2022, passed by the XIV Additional Small Causes Judge and ACMM and Member, MACT, Bengaluru (SCCH-10), (for short `Tribunal'), in MVC No.7715/2018. MFA No.4708/2022 is filed by the claimant seeking enhancement of compensation and MFA No.3497/2022 is filed by respondent- corporation challenging its liability to pay the compensation as well as quantum of compensation. Since both these appeals arise out of common judgment and award, they are taken up together for disposal. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are that, on 17.09.2018, at about 08.05 a.m., the claimant boarded a BMTC bus bearing registration No.KA-57-F-2524 near Hope Farm bus stop. Before he could completely board the bus, the driver of the bus - 4 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 without signal negligently drove the vehicle. As a result, the claimant fell down from the bus and sustained grievous injuries. He has suffered permanent disability. With these reasons, the claimant prayed to award the compensation. 4. The respondent-corporation denied the petition averments and denied the allegation that the driver of the vehicle negligently drove the bus before claimant could completely board it. Accordingly, prayed for dismissal of the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. 6. The claimant to prove his case examined three witnesses as PW-1 to PW-3 and marked 30 documents, as per Exs.P-1 to P-30. Respondent examined one witness as RW-1 but not marked any documents. 7. The Tribunal after hearing both the parties and appreciating the materials available on record, held that the accident occurred due to rash and negligent driving of the bus - 5 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 by its driver and awarded the following amount of compensation: Particulars Amount in Rs. Loss of income on account of disability 1,56,000/- Pain and sufferings 40,000/- Loss of amenities 25,000/- Nourishment, conveyance and attendant charges 11,000/- Loss of income during laid up period and rest period 25,000/- Medical expenses 2,76,982/- Total 5,33,982/- 8. The contentions of the claimant are that the Tribunal has not awarded just compensation on all the heads. According to evidence of PW.2, the disability suffered by the claimant was more than 15% to the whole body. But the Tribunal has not considered the same and assessed his disability at 8%. Therefore, prayed to enhance the said amount of compensation. - 6 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 9. Learned counsel for the respondent-corporation contends that looking at the allegations made in the charge sheet and enclosures, one can infer that the accident occurred due to negligence of the claimant as he tried to climb the bus when it was moving. Therefore, he fell down due to his own negligence and it cannot be attributed to the driver of the vehicle. He further stated that the claimant is not suffering from any permanent disability affecting his earning capacity and hence, the Tribunal ought not to have awarded the compensation under the head loss of future earning capacity due to permanent disability. With these reasons, prayed to allow the appeal filed by the corporation and dismissed the award passed in favour of the claimant. 10. During the course of the argument, learned counsel for the appellant/claimant submits that the driver of the bus has pleaded guilty before the Lok-Adalath and paid the fine. Considering the said submission, now the corporation cannot contend that the accident was not due to the negligence of driver of the bus. Moreover, on reappreciation of the materials available on record, the finding of the Tribunal that "the - 7 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 accident occurred due to negligence of driver of the bus" does not call for any interference. 11. The claimant sustained two fractures i.e., fracture of shaft of the right femur and fracture of right femoral condyle. PW.2 has stated about restrictions of movement of right leg and assessed permanent partial impairment of lower limb at 46%. For the whole body, it is 15%. Out of the same, PW.2 has also added 30% of disability on the basis of stability component. The claimant has not explained how the stability component would affect his earning capacity. Therefore, considering the evidence of PW.1 and 2, the disability of the claimant can be taken as 10% to the whole body. 12. On re-appreciation of the materials available on record, the amount of compensation awarded under the heads pain and suffering, income during laid up period and loss of amenities are on the lower side. The claimant sustained a fracture to the shaft of right femur and femoral condyle. Therefore, for at least 4 to 5 months, he might not be in a position to attend to his work and lost his earnings. It appears the Tribunal has taken loss of income during laid up period for - 8 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 only two months, which is incorrect. On re-appreciation of the evidence, the claimant is entitled to the following amount of compensation: Particulars Amount in Rs. Pain and sufferings 80,000/- Medical expenses 2,76,982/- Special diet, conveyance and attendant charges 25,000/- Loss of income during laid up period (Rs.12,500/- x 4) 50,000/- Loss of future earning capacity due to disability (Rs.12,500/- x 12 x 13 x 10%) 1,95,000 Loss of amenities 50,000/- Total 6,76,982/- Amount awarded by the Tribunal Enhancement- 5,33,982/- 1,43,000/- 13. The claimant is entitled to interest on the said amount at the rate of 6% per annum from the date of claim petition till its realisation. Undisputedly, respondent is liable to pay the said amount. - 9 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 14. In the result, I proceed to pass the following: ORDER i) MFA No.4708/2022 filed by the claimant is allowed in part. ii) MFA No.3497/2022 filed by the corporation is dismissed. iii) The impugned judgment and award dated 25th January 2022, passed in MVC.No.7715/2018, by the XIV Additional Small Causes Judge and ACMM and Member, MACT, Bengaluru (SCCH-10), stands modified; iv) The claimant is entitled to enhanced compensation of Rs.1,43,000/-, with interest at the rate of 6% p.a. from the date of petition till its realization. v) The respondent-corporation shall deposit the amount with interest within a period of six weeks from the date of award. vi) Learned counsel for the respondent- corporation submits that the entire amount has already been deposited before this Court. The registry is directed to transmit the same to the Tribunal for disbursement. - 10 - HC-KAR NC: 2025:KHC:51201 MFA No. 4708 of 2022 C/W MFA No. 3497 of 2022 vii) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 8