Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 88760 (KAR)

THE MANAGING DIRECTOR B M T C v. SMT TARA

MFA/5236/2021 · 2025-09-11

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5236 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5235 OF 2021 (MV-I) IN MFA No. 5236/2021 BETWEEN: THE MANAGING DIRECTOR B M T C, NO.27, SHANTHINAGAR, DOUBLE ROAD, BANGALORE-560 027 …APPELLANT (BY SRI. D.VIJAYAKUMAR, ADVOCATE) AND: SMT.TARA W/O R.ELENGOVAN, AGED ABOUT 54 YEARS, R/AT NO.4, A STREET, JAYARAJ NAGAR, OPP. PHILIPS BUILDING, HALASURU, HAL 2ND STAGE, BANGALORE-560 008 …RESPONDENT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2021 PASSED IN MVC NO. 5476/2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, XXIV A.C.M.M. MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAYOHALL UNIT, BENGALORE (SCCH.20), AWARDING COMPENSATION OF RS. 5,71,900/- WITH INTEREST (EXCLUDING Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 FUTURE MEDICAL EXPENSES) AT 9 PERCENT PER ANNUM FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION OF THE ENTIRE AMOUNT. IN MFA NO. 5235/2021 BETWEEN: THE MANAGING DIRECTOR B M T C, NO.27 SHANTHINAGAR, DOUBLE ROAD BANGALORE - 560 027 ...APPELLANT (BY SRI. D.VIJAYAKUMAR, ADVOCATE) AND: MR.KIRAN E., S/O R. ELANGOVAN AGED ABOUT 29 YEARS R/AT NO.4, “A” STREET JAYARAJ NAGAR OPP. PHILIPS BUILDING HALASURU, HAL 2ND STAGE BANGALORE – 560 008 ...RESPONDENT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2021 PASSED IN MVC NO.5477/2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MACT, MAYO HALL UNIT, BENGALURU SCCH-20, AWARDING COMPENSATION OF RS.5,56,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF REALIZATION OF THE ENTIRE AMOUNT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5476/2019 and MVC.No.5477/2019 dated 05.08.2021 by the V Addl. Small Cause Judge & XXIV ACMM, Bangalore City, the BMTC is before this Court. Both these MVC’s are disposed of by way of a common order and this Court is also disposing these appeals by way of common order. MFA.No.5236/2021 is arising out of MVC.No.5476/2019 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 3. When it comes to the negligence the Tribunal has held that the accident had taken place because of the rash and negligent driving of the driver of the BMTC Bus and granted the compensation of an amount of Rs.5,71,900/- as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 50,000/- 2. Medical Expenses : Rs. 50,000/- 3. Food and nourishment : Rs. 5,000/- 4. Conveyance charges : Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 5. Attendant charges : Rs. 10,000/- 6. Loss of Amenities : Rs. 10,000/- 7. Loss of income during laid up period : Rs. 4,200/- 8. Loss of future income : Rs. 3,92,700/- 9. Future medical expenses : Rs. 40,000/- TOTAL : Rs. 5,71,900/- 4. Learned counsel appearing for the BMTC submits that there are four vehicles involved in this accident and there is no negligence on the part of the BMTC. He relies on the sketch and submits that the accident had occurred only because of the negligence on the part of the other vehicle as well as the rider of the motor cycle and there is no negligence on the part of the driver of the BMTC Bus. Relying the sketch he submits that infact from the left side of the bus, rider of the motor cycle was over taking the bus, in that process the accident had taken place. 5.Coming to the compensation that is awarded, it is submitted that when the claimant was in hospital for 14 days, under the head of food, nourishment and conveyance charges the Tribunal had granted substantial amounts. Further coming to the loss of future income the Tribunal had granted an - 5 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 amount of Rs.3,92,700/- without any basis. It is submitted that on all the counts, the amount that is granted by the Tribunal is on the higher side. 6. Learned counsel appearing for the claimant submits that the Tribunal basing on the evidence, rightly held that the accident had taken place because of the negligence on the part of the driver of the BMTC bus, and just and reasonable compensation was awarded and there are no grounds to interfere. The Tribunal has denied interest on the future medical expenses as the claimant is not entitled. 7. Having heard the learned counsels on either side, perused the entire material on record. This court has perused the motor vehicle report, the sketch and the Police records, all clearly points out at the negligence of the driver of the BMTC and the Tribunal rightly come to the conclusion that because of the negligence on the part of the driver of the BMTC bus, the accident had occurred and this Court do not find any reasons to interfere. - 6 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 8. Coming to the compensation, under the head of pain and suffering and also under medical expenses the Tribunal had rightly granted reasonable amounts and no interference is called for. Coming to the Food, Nourishment and Conveyance charges the amount that is granted by the Tribunal is exorbitant, this Court is granting an amount of Rs.14,000/- for 14 days of hospitalization. Then coming to the loss of future income this accident had occurred in the year 2017 and taking income at Rs.11,000/- this court is granting an amount of (11,000 x 12 x 11 x12/100) Rs.1,74,240/- and under the remaining heads the Tribunal has rightly granted compensation, and this court do not find any reason to interfere. Hence, the claimant is entitled for the compensation of an amount of Rs.3,42,440/-. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 50,000/- 50,000/- 2. Medical Expenses Rs. 50,000/- 50,000/- 3. Food and nourishment and conveyance charges Rs. 25,000/- 14,000/- 4. Loss of Amenities Rs. 10,000/- 10,000/- - 7 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 5. Loss of income during laid up period Rs. 4,200/- 4,200/- 6. Loss of future income Rs. 3,92,700/- 1,74,240/- 7. Future medical expenses Rs. 40,000/- 40,000/- TOTAL Rs. 5,71,900/- 3,42,440/- i. Accordingly, the appeal filed by the BMTC MFA.No.5236/2021 is Partly Allowed by reducing the compensation from an amount of Rs.5,71,900/- to Rs.3,42,440/- . ii. The entire compensation amount shall carry 6% interest. iii. The amount is deposit shall be forthwith transferred to the tribunal. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. - 8 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 MFA.No.5235/2021 arising out of MVC.No.5477/2019 9. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- and the tribunal had granted the compensation as per the table below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 1,00,000/- 2. Medical Expenses : Rs. 3,66,000/- 3. Food and nourishment : Rs. 25,000/- 4. Conveyance charges : Rs. 15,000/- 5. Attendant charges : Rs. 25,000/- 6. Loss of Amenities : Rs. 15,000/- 7. Loss of income during laid up period : Rs. 10,000/- TOTAL : Rs. 5,56,000/- 10. Learned counsel appearing for the BMTC submits that looking at the injuries, the amount that is granted under the head of pain and suffering is on the higher side. It is also submitted that when the claimant was in hospital for 15 days, the Tribunal granted altogether an amount of Rs.65,000/- under the head of attendant charges and same amount needs to be reduced. 11. Learned counsel for the claimant/respondent submits that the amounts granted by the tribunal is just and reasonable. - 9 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 12. Having heard learned counsel on either side, perused the entire material on record. This court has perused the injuries that are sustained by the claimants, under the head of pain and suffering this court is inclined to grant an amount of Rs.80,000/- and towards medical expenses the tribunal had rightly granted of an amount of Rs.3,66,000/- and no interference is called for. Towards the Food and Nourishment charges, considering the hospitalization of 15 days, this Court is granting an amount of Rs.15,000/- and on other counts this Court do not find any reasons to interfere. 13. Hence, the claimant is entitled for compensation of an amount of Rs.4,86,000/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 1,00,000/- 80,000/- 2. Medical Expenses Rs. 3,66,000/- 3,66,000/- 3. Food and nourishment Rs. 65,000/- 15,000/- 4. Loss of Amenities Rs. 15,000/- 15,000/- 5. Loss of income during laid up period Rs. 10,000/- 10,000/- TOTAL Rs. 5,56,000/- 4,86,000/- - 10 - HC-KAR NC: 2025:KHC:36391 MFA No. 5236 of 2021 C/W MFA No. 5235 of 2021 i. Accordingly, the appeal filed by the BMTC MFA.No.*5235/2021 is Partly Allowed by reducing the compensation from an amount of Rs.5,56,000/- to Rs.4,86,000/-. ii. The entire compensation amount shall carry 6% interest. iii. The amount is deposit shall be forthwith transferred to the tribunal. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 24 * Corrected vide chamber order dated: 04/12/2025.