- 1 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.3753 OF 2014(MV-D) C/W MFA CROSS OBJECTION NO. 130 OF 2019 (MV-D) IN MFA No. 3753/2014 BETWEEN: BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE K H ROAD SHANTHINAGAR BANGALORE-560 027. BY ITS MANAGING DIRECTOR. …APPELLANT (BY SRI. D VIJAYAKUMAR, ADVOCATE) AND: 1. SMT. PREMA W/O SRI THEERTHA CHARI AGED ABOUT 40 YEARS 2. SRI THEERTHA CHARI S/O LATE ESHWARACHARI AGED ABOUT 48 YEARS 3. SRI PADMA CHARI A T S/O THEERTHA CHARI AGED ABOUT 24 YEARS - 2 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 ALL ARE R/AT NO.23, 2ND CROSS OLD POLICE STATION ROAD K R PURAM BANGALORE-560 036. …RESPONDENTS (BY SRI. P B RAJU, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS IN MVC NO.5358/2012 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL V ADDL. SMALL CAUSES JUDGE AND XXIV A.C.M.M. BANGALORE (SCCH-20) AND SET ASIDE THE JUDGMENT AND AWARD DT:16.01.2014 PASSED IN MVC NO.5358/2012 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL V ADDL. SMALL CAUSES JUDGE & XXIV A.C.M.M. BANGALORE (SCCH-20) IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA.CROB NO. 130/2019 BETWEEN: 1. SMT PREMA AGED ABOUT 45 YEARS, W/O THEERTHA CHARI. 2. SRI THEERTHA CHARI AGED ABOUT 53 YEARS, S/O LATE ESHWARACHARI, PREVIOUS ADDRESS: NO.56, CHITTANAHALLI HORIS APPENAHALLI, ARASIKERE TALUK, HASSAN DISTRICT. - 3 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 3. SRI PADMA CHARI A.T S/O THEERTHA CHARI, AGED ABOUT 29 YEARS, ALL ARE R/AT NO.23, 2ND CROSS, OLD POLICE STATION ROAD, K R PURAM, BANGALORE 560 036. ...CROSS OBJECTORS (BY SRI. P.B. RAJU, ADVOCATE) AND: THE MANAGING DIRECTOR B M T C, SARIGE BHAVAN, DOUBLE ROAD, SHANTHI NAGAR, BANGALORE-560 027. ...RESPONDENT (BY SRI. D. VIJAYAKUMAR, ADVOCATE) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC, A/W UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY AND ENHANCE THE COMPENSATION FROM RS.7,12,000/- TO RS.20,00,000/- JUDGMENT AND AWARD DATED 16.01.2014 IN M.V.C.NO.5358/2012 PASSED BY THE MOTOR ACCIDENT CASE TRIBUNAL V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M. MEMBER M.A.C.T. AT BANGALORE WITH COST AND INTEREST IN THE INTEREST OF JUSTICE. THIS MFA AND MFA CROB HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV JUDGMENT MFA No.3753/2014 is filed under Section 173(1) of the Motor Vehicles Act, 1989 (‘MV Act’ for short) by Bangalore Metropolitan Transport Corporation (‘BMTC’ for short) seeking to set aside the Judgment and Award dated 16.12.2017 passed in MVC No.5358/2012 on the file of the Small Causes and Motor Accidents Claims Tribunal, Bengaluru (herein after referred to as ‘the Tribunal’ for short). MFA CROB No.130/2019 is filed by the petitioners/cross objectors for enhancement of compensation. 2. The appellant in MFA No.3753/2014 is the respondent No.1/BMTC and the appellants/claimants in MFA CROB No.130/2019 are the petitioners/cross objectors No.1 to 3 in MVC No.5358/2012. The facts leading the filing of these appeal are as follows: - 5 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 3. On 20.06.2012 at about 8.00 p.m, the deceased was riding his Motor Cycle bearing No.KA-50-L- 3861 near Devasandra Main Road, K.R.Puram, at that time, the driver of the BMTC Bus bearing Registration No.KA-01-FA-757 drove in a rash and negligent manner dashed against the appellant. As a result, he fell down on road and sustained grievous injuries. After the accident, the claimant filed MVC No.5358/2012 before the Court of Small Causes and MACT, Bengaluru, claiming Rs.35,00,000/- along with interest, from the respondent- BMTC as compensation. 4. It is contended by the learned counsel for the appellant-BMTC in MFA No.3753/2014 that the Tribunal failed to appreciate the fact that the complainant who was not an eye-witness, was not present at the place of the accident and gave false complaint in police station against the driver of the BMTC bus. Further, PW1/the mother of the deceased was also not an eye-witness and there is no other evidence of any independent eye-witness to prove - 6 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 the alleged total negligence on the part of the driver of the BMTC bus. 5. It is further contended that the Tribunal has, without any evidence, presumed the monthly income of the deceased at Rs.15,000/- as a Carpenter, in the absence of any documentary evidence and awarded Rs.7,12,000/- with 6% of interest towards loss of dependency apart from awarding exorbitant compensation under other heads also. 6. It is contended by the learned counsel for the appellants in MFA No.130/2019 that the Tribunal has wrongly assessed earning of the deceased as Rs.6,000/- per month, while the deceased, being a Carpenter cum wood designer, was earning Rs.12,000/- per month. Further, the Tribunal failed to consider future prospects, despite deceased being 24 years old at the time of accident and committed an error in not adding 40% of future prospects to the notional income without considering or appreciating the law laid down by the Apex Court in the case of National Insurance Company - 7 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 Limited vs. Pranay Sethi and others (2017) 16 SCC 680. It is also contended by him that the Tribunal has failed to consider the law laid down by the Apex Court in the case of Magma General Insurance Company Limited vs. Nanu Ram & Others (2018) 18 SCC 130 and reiterated by the Division Bench of this Court in M.F.A.No.1100/2019 & connected matters disposed of on 12.06.2019 in awarding compensation towards ‘loss of consortium’. He therefore requests this Court to enhance the compensation by modifying the impugned judgment and award passed by the Tribunal. 7. It is further contended by the cross objectors that the compensation under other conventional heads is also on the lower side. 8. The Tribunal has awarded compensation as under: Sl.No Particulars Rs. 1 Loss of dependency 6,72,000/- 2 Loss of Love and affection 20,000/- 3 Funeral & obsequies 20,000/- Total 7,12,000/- - 8 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 9. Heard learned counsel appearing on both sides. 10. As rightly contended by the learned counsel for the cross objectors, the Tribunal committed an error in failing to appreciate the Lok Adalat guidelines which stipulate that in respect of an accident that took place in the year 2012, the notional income should be taken as Rs.7,000/- per month and in view of the law laid down by the Apex Court in Pranay Sethi’s case, the Tribunal ought to have added 40% of future prospects to the notional income of Rs.7,000/- per month. Hence, the compensation under the head ‘loss of dependency’ is calculated as hereunder:- (Rs.7,000 + 40% (Rs.2,800/-) = Rs.9,800/- -(minus 50%) = Rs.4,900/- Rs.4,900/- x 12 x 18 = Rs.10,58,400/- Hence, the claimants are entitled to compensation of Rs.10,58,400/- under this head. * Retyped and replaced vide Court Order Dt:19.12.2025 - 9 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 11. Considering the principles laid down by the Apex Court in Magma’s case and the Division Bench of this Court (supra), the claimants are also entitled to compensation of Rs.1,20,000/- towards ‘loss of consortium’ as the deceased has three dependant family members. Further, the claimants are entitled to compensation of Rs.15,000/- under the head Loss of Estate and a sum of Rs.15,000/- under the head Funeral expenses. 12. Thus, the claimants are entitled for compensation as under: Sl.No. Particulars Rs. 1 Loss of dependency 10,58,400/- 2 Loss of Consortium 1,20,000/- 3 Loss of estate 15,000/- 4 Funeral expenses 15,000/- Total 12,08,400/- 13. In view of the aforesaid discussion, I pass the following order:- (i) MFA No.3753/2014 filed by the Insurance Company is dismissed. * Retyped and replaced vide Court Order Dt:19.12.2025 - 10 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 (ii) MFA CROB No.130/2019 filed by the claimants is allowed in part. (iii) The impugned judgment and award dated 16.12.2017 passed in MVC No.5358/2012 on the file of the Small Causes and Motor Accidents Claims Tribunal, Bengaluru, is hereby modified. (iv) The cross objectors are entitled to compensation of Rs.12,08,400/- with interest at the rate of 6% p.a. from the date of petition till realization. (v) The claimants shall not be entitled to interest for the delay period of 990 days in filing the appeal. (vi) The compensation amount along with 6% p.a., interest shall be deposited by the Insurance Company within a period of eight weeks from the date of receipt of copy of this Judgment. (vii) The enhanced compensation amount shall be apportioned in the ratio of 2:2:1 between the cross objectors. * Retyped and replaced vide Court Order Dt:19.12.2025 - 11 - MFA No. 3753 of 2014 C/W MFA.CROB No. 130 of 2019 (viii) Registry is directed to transmit the TCR to the Tribunal, forthwith. (ix) Amount in deposit along with accrued interest, if any, shall be transmitted to the Tribunal. Sd/- (DR.K.MANMADHA RAO) JUDGE BNV