- 1 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 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. 3737 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7084 OF 2021 (MV-I) IN MFA No. 3737/2021 BETWEEN: THE MANAGING DIRECTOR BMTC, NO.27, SHANTI NAGAR, DOUBLE ROAD, BENGALURU-560 027 …APPELLANT (BY SMT. SOHANI A HOLLA, ADVOCATE) AND: SMT.STELLA W/O SATHISH, AGED ABOUT 38 YEARS, R/AT NO.264, PAPAYYA COMPOUND, B.CHENNASANDRA, BANGALORE-560 043 …RESPONDENT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2021 PASSED IN MVC NO. 2471/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU SCCH-19, AWARDING COMPENSATION OF Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 RS.05,47,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 7084/2021 BETWEEN: SMT.STELLA W/O SATISH AGED ABOUT 39 YEARS R/O NO 264, PAPAYYA COMPOUND B.CHANNASANDRA BENGALURU -560 043 ...APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: THE MANAGING DIRECTOR BMTC, NO 27 SHANTHINAGAR, DOUBLE ROAD BENGALURU -560 027 ...RESPONDENT (BY SMT.SOHANI HOLLA, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED: 19.03.2021 IN MVC NO.2471/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO HALL UNIT, (SCCH-19), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2471/2020 dated 19.03.2021 by XV Additional Small Cause Judge & XXIII A.C.M.M., Member, M.A.C.T., Bengaluru, both BMTC and the claimant are before this court. The BMTC's appeal is MFA No.3737/2021 and the claimant's appeal is MFA No.7084/2021. 2. The claim petition is filed, seeking compensation of an amount of Rs.10,00,000/- . It is the case of the claimant that on 24.02.2020 at about 07.45 a.m. the claimant was travelling as a Pillion rider in a motor cycle proceeding on Old Madras road, service road, ridden by its rider carefully and cautiously, when reached in front of A2B hotel, Bangalore city, at that time one BMTC bus driven by its driver in a rash and negligent manner, dashed to the claimant motor cycle, as a result of forced impact, he fell down and sustained grievous injuries. 3. The Tribunal had 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 as per the table given below: - 4 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 60,000/- 2. Medical Expenses : Rs. 1,54,178/- 3. Transport, Nourishment & Conveyance charges : Rs. 10,000/- 4. Loss of future income : Rs. 2,52,000/- 5. Future Medical expenses : Rs. 30,000/- 6. Loss of Amenities : Rs. 40,000/- TOTAL : Rs. 5,46,178/- rounded off to Rs.5,47,000/- 4. Learned counsel appearing for the BMTC submits that the motor vehicle report clearly shows that there is no visible damage to the bus, which clearly shows that as they reached there is no negligence on the part of the driver of the BMTC bus and it is submitted that in fact because of the negligence on the part of the rider of the vehicle, the accident has taken place and the tribunal has failed to consider all these aspects. When it comes to the compensation, it is submitted that under the head of pain and suffering, towards loss of amenities and also future medication, the amount that is granted by the tribunal is on the higher side, the same shall be reduced. 5. Learned counsel appearing for the claimant submits that the tribunal had failed to grant loss of income during the - 5 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 laid up period, and also when the doctor had opined that the disability is 16%, without any basis the tribunal had taken 14% and the income ought to have taken at Rs.14,500/- but the tribunal had taken Rs.10,000/-. On all these counts, the amount needs to be enhanced. 6. Having heard the learned counsels on either side, perused the material on record. First coming to the contention of the BMTC with regard to the negligence on the part of the claimant and particularly relying on the fact that as per the IMV report, there is no damage to the bus. In the considered opinion of this court, that could not be the basis for this court to come to the conclusion that there is no negligence on the part of the driver of the bus, admittedly, the vehicle was stopped at the signal. Later, the BMTC bus has come and hit the vehicle. The police after a full fledge investigation has filed the charge sheet against the driver of the BMTC bus. In the light of the above circumstances this court is of the view that that tribunal had rightly held that the accident had taken place because of the rash and negligent driving of the rider of the - 6 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 BMTC bus hence, this Court finds no force in the argument of the learned counsel for the BMTC. 7. Then coming to the compensation under the head of pain and suffering, when he has sustained the fracture injury and the devolving injury, this court is granting an amount of Rs.50,000/-. Towards the medical expenses, the Tribunal had rightly granted an amount of Rs.1,54,178/- and no interference is called for. Coming to the transport, conveyance and nourishment charges, the claimant was in hospital for 13 days, hence, this Court is granting an amount of Rs.13,000/-. Towards future medication, as per the evidence of the doctor claimant requires an amount of Rs.60,000/-, this Court is granting an amount of Rs.30,000/-. Towards loss of amenities also considering the disability this Court is granting an amount of Rs.30,000/-. Coming to the loss of future income, the doctor has opined that the disability is 16% on what basis the Tribunal had taken 14% is not known. Considering the evidence of the doctor this Court is taking 16% taking income at Rs.14,500/- and this court is inclined to grant an amount of Rs.4,17,600/-. (Rs.14,500x - 7 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 12x15x16/100). Coming to the loss of income during the laid up period for three months, (14,500 x3) this court is inclined to grant an amount of Rs.43,500/-. 78. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 9. Altogether the claimant is entitled for compensation for an amount of Rs.7,48,278/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 60,000/- 50,000/- 2. Medical Expenses Rs. 1,54,178/- 1,54,178/- 3. Transport, Nourishment & Conveyance charges Rs. 10,000/- 13,000/- 4. Loss of future income Rs. 2,52,000/- 4,17,600/- 5. Future Medical expenses Rs. 30,000/- 30,000/- 6. Loss of Amenities Rs. 40,000/- 30,000/- 7. Loss of income during the laid up period Rs. 00/- 43,500/- 8. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 5,46,178/- 7,48,278/- - 8 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 i. Accordingly, the appeal filed by the BMTC i.e., MFA.No.3737/2021 is dismissed. ii. The appeal filed by the claimant MFA.No.7084/2021 is partly allowed by enhancing the compensation from an amount of Rs.5,46,178/-/- to Rs.7,48,278/-. iii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iv. Amount in deposit shall be forthwith transferred to the tribunal. v. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. vi. The apportionment of the amount shall be as per the order passed by the Tribunal. vii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 9 - HC-KAR NC: 2025:KHC:36390 MFA No. 3737 of 2021 C/W MFA No. 7084 of 2021 the order passed by this Court forthwith without any delay. viii. No costs. ix. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 23