- 1 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO.6749/2025 (MV-D) C/W M.F.A. NO.644/2026 (MV-D) M.F.A. NO.6749/2025 BETWEEN: MANAGING DIRECTOR BMTC, MOTOR CLAIM HUB SHANTHINAGAR, K.H.ROAD BANGALORE – 560027 REP. BY BANGALORE METRO POLTIAN TRANSPORT CORPORATION CENTRAL OFFICE BY ITS CHIEF LAW OFFICER BANGALORE- 560027. ... APPELLANT (BY SMT. S NIRMALA, ADV.) AND: 1. B RAVI KANTH S/O B SUBASH CHANDRA BOSE AGED 54 YEARS 2. SMT. B MANJULA W/O B RAVIKANTH AGED 51 YEARS BOTH ARE R/O NO.269 3RD FLOOR, ‘SRI SAI SINDOOR’ 1ST CROSS, ANNAYAPPA GARDEN Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 BEHIND BHARATH PETROL BUNK BANGALORE – 560075. …RESPONDENTS (BY SRI K.T. GURUDEV PRASAD, ADV. FOR R1 AND R2) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.07.2025 PASSED IN MVC NO.3245/2024 ON THE FILE OF THE V ADDITIONAL SMALL CAUSED JUDGE AND XXIV ACJM, BENGALURU SCCH-20, AWARDING COMPENSAITON OF RS.26,41,857/- WITH INTERENCT AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL COMPENSATION. M.F.A. NO.644/2026 BETWEEN: 1. B RAVI KANTH S/O B SUBASH CHANDRA BOSE AGED 54 YEARS 2. SMT. B MANJULA W/O B RAVIKANTH AGED 51 YEARS BOTH ARE R/O NO.269 3RD FLOOR, ‘SRI SAI SINDOOR’ 1ST CROSS, ANNAYAPPA GARDEN BEHIND BHARATH PETROL BUNK BANGALORE – 560075. …APPELLANTS (BY SRI K.T. GURUDEV PRASAD, ADV.) AND: THE MANAGER DIRECTOR MOTOR CLAIMS HUB B.M.T.C SHANTHINAGAR, K.H.ROAD BENGALURU-560 027. … RESPONDENT (BY SMT. S NIRMALA, ADV.) - 3 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 THIS APPEAL IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.07.2025 PASSED IN MVC NO.3245/2024 ON THE FILE OF THE V ADDITIONAL SMALL CAUSED JUDGE AND XXIV ACJM, MACT AT MAYO HALL UNIT BENGALURU (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE K.V.ARAVIND CAV ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) The claimants as well as the owner of the offending vehicle, i.e. Bangalore Metropolitan Transport Corporation (for short ‘Corporation’) are in appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘the Act’) against the judgment and award dated 28.07.2025 in MVC No. 3245/2024 on the file of the V Addl. Small Causes Judge and XXIV ACJM and MACT, Court of Small Causes, Mayo Hall Unit Bangalore (for short ‘Tribunal’). The claimants-appellants in MFA No. 644/2026 are before this Court, not being satisfied with the quantum of compensation awarded by the Tribunal with a prayer to - 4 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 enhance the same. Whereas, the Corporation is in appeal in MFA No.6749/2025, questioning the negligence attributed to it. 2. The Brief facts of the case are that the parents of the deceased, i.e. claimants herein filed a claim petition under Section 166 of the Act seeking compensation for the accidental death of their daughter i.e. Late Anika B in a motor vehicle accident that took place on 18.03.2024 at about 02.45 PM involving motor cycle bearing Reg No.KA- 01-KA-4895 and BMTC Bus bearing Reg No.KA-57-F-4171. It is submitted that the deceased was aged about 19 years at the time of her death and was a 2nd year BE student at New Horizon College and was doing part time work as computer operator, earning Rs. 25,000/- per month. 3. Before the Tribunal, on issuance of notice, the counsel for the Corporation appeared and filed the Written Statement denying the claim made by the claimants. It was specifically contended on behalf of the Corporation - 5 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 that the deceased died solely due to her own negligence and further denied the claim petition averments including the monthly income, age and profession of the deceased. 4. On behalf of the claimants, Claimant No. 1 was examined as PW1, apart from marking Ex. P1 to P18. The Corporation examined the driver and conductor of the offending vehicle as RW1 and RW2, apart from marking Ex.D1 to D2. The tribunal upon examination of the material on record, awarded the total compensation of Rs. 26,41,857/-along with interest at 6% p.a. under the following heads:- Sl No. Compensation under the Head Amount 1. Loss of dependency Rs. 24,94,800/- 2. Loss of estate Rs. 15,000/- 3. Funeral expenses & transportation Rs. 15,000/- 4. Loss of Consortium Rs. 80,000/- 5. Medical bills (33857+3200) Rs. 37,057/- TOTAL Rs. 26,41,857/- 5. While awarding the above compensation, the Tribunal assessed the income of the deceased at Rs. 16,500/- per month, deducted 50% of the income towards - 6 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 personal and living expenses of the deceased, added 40% of the assessed income towards future prospects and adopted the applicable multiplier of 18. 6. Heard Sri. KT Gurudeva Prasad, learned counsel for the claimants and Smt. S Nirmmala, learned counsel for the Corporation. Perused the entire appeal papers including the Trial Court records. 7. The learned counsel for the claimants would submit that the Tribunal is justified in fastening the liability on the Corporation since the driver of the bus Reg No.KA- 57-F-4171 drove it in a rash and negligent manner and dashed against the two wheeler driven by the deceased from its behind and caused the accident, which led to the death of the deceased. Learned counsel for the appellants would submit that the compensation awarded by the Tribunal is on the lower side. It is submitted that the Tribunal failed to consider that the claimants were entirely dependent upon the deceased’s earnings and that the - 7 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 deceased was earning Rs. 25,000/- per month. Learned counsel would submit that the Tribunal erred in assessing the notional income of the deceased at Rs. 16,500/- per month. With regard to negligence, the learned counsel for the claimants would invite the attention of this Court to Ex. P4 Sketch to submit that the accident occurred solely due to the rashness and negligence of the driver of the Corporation Bus. Thus, he would pray for enhancing the quantum of compensation by allowing the claimants’ appeal. 8. Per Contra, the learned counsel for the Corporation would question the saddling of the negligence upon the deceased. It is submitted that, the bus was on the left side of the road and when the deceased tried to overtake the bus between the bus and the tanker bearing No. KA-14-B-9084, the deceased dashed to the rear right side of the bus and lost control and fell down, which led to her death. Learned counsel would further submit that the tanker bearing No. KA-14-B-9084 was also involved in the - 8 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 accident and that an application seeking to implead the owner and insurer of the tanker was also filed, which came to be dismissed. Thus, he would pray that the claimants appeal be dismissed and the matter be remanded back to the Tribunal to implead the owner and insurer of the tanker and to lead fresh evidence. 9. Having heard the learned counsel appearing for the parties and on perusal of the entire appeal papers including the Trial Court Records, the following points would arise for our consideration: i. Whether the Tribunal is justified in attributing the negligence upon the driver of the Corporation Bus? ii. Whether the quantum of compensation granted by the Tribunal is just and proper? 10. Answer to the above points would be in the Affirmative and Negative, respectively for the following reasons: - 9 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 The accident that took place on 18.03.2024 at about 02.45 PM involving motor cycle bearing Reg No.KA-01-KA- 4895 and BMTC Bus bearing Reg No.KA-57-F-4171 that led to the accidental death of Smt. Anika B, daughter of the claimants is not in dispute in this appeal. The Corporation is in appeal aggrieved by the attribution of negligence upon the driver of the Corporation Bus. The claimants are in appeal aggrieved by the quantum of compensation granted by the Tribunal, seeking enhancement of the same. 11. The Corporation contended before the Tribunal that the accident occurred solely due to the negligent riding of the motorcycle by its rider. In support of its claim, it examined driver of the bus as RW1 and the conductor of the bus as RW2. A perusal at the Ex. P4 sketch would indicate that, both the vehicles were moving in the same direction towards HAL. It is seen that the deceased was driving about 8 feet from the left side of the Road and the bus was on the left most side of the road. - 10 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 The Ex. P4 Sketch would indicate that the bus suddenly steered right and changed lane into the lane that the deceased was on and thus, dashed into the deceased’s motor cycle which led to the accident and consequential death of the deceased. Thus, the contention of the Corporation that the death of the deceased was caused due to the negligence of the decease, is rejected. 12. With regard to the compensation to be granted to the claimants, it is contended by the learned counsel for the claimants that the deceased was aged 19 years, was earning Rs. 25,000/- from her part time avocation as Computer Operator and that she was a B.E student studying in the 2nd year at New Horizon College of Engineering and that the notional income assessed by the Tribunal is on the lower side. However, the claimants have not produced any documentary evidence to prove that the deceased was in fact earning Rs. 25,000/- per month. The claimants have produced the Marks Card of the deceased in her 1st year of B.E. A perusal at the Marks Card of the - 11 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 deceased would indicate that the deceased was a bright and intelligent student who had secured good grades in her examination. The Hon’ble Apex Court in MEENA PAWAIA V. ASHRAF ALI, reported in (2021) 17 SCC 148, in an identical fact situation has held as under:- “10. While awarding the future economical loss, when the deceased died at the young age of 21-22 years and was not earning at the time of death/accident, as per catena of decisions of this Court, the income for the purpose of determining the future economic loss is always done on the basis of guesswork considering many circumstances, namely, the educational qualification and background of the family, etc.” A Co-ordinate bench of this Court has, in its judgment dated 28.02.2020 in MFA No. 104894/2019 and connected matter, for an accidental death that occurred in the year 2016, of a 3rd year Engineering Student, taken Rs. 25,000/- as the appropriate income, even in the absence of material to show that the deceased was an earning member, by taking into consideration the earning capacity - 12 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 and the earning potentiality of the deceased therein. The said judgment has not been taken up in appeal before the Supreme Court and hence, has attained finality. Thus, this Court is of the opinion that, in accordance with the coordinate bench judgment, Rs. 25,000/- would be the appropriate amount that would meet the ends of justice. The Tribunal has rightly added 40% of the assessed income towards future prospects, correctly adopted the multiplier of 18 and deducted 1/2 towards the personal and living expenses of the deceased which do not require interference. 13. On re-assessment of the monthly income of the deceased, claimants would be entitled for modified compensation on the head of loss of dependency as follows: 25,000+40%X12X18X1/2=Rs.37,80,000/- 14. On the conventional heads, The Tribunal is also justified in awarding a sum of Rs. 15,000/- for Loss of - 13 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 Estate, Rs. 15,000/- towards Funeral expenses and Transportation and Rs. 80,000/- towards Loss of Consortium. The Tribunal is also right in awarding compensation for Medical Bills to the tune of Rs. 37,057/- as the claimants have produced cogent documentary evidence in Ex.P11 to establish the same. 15. The claimants would be entitled for the following modified compensation: Sl. No. PARTICULARS AMOUNT 1. Loss of Dependency Rs. 37,80,000/- 2. Loss of Consortium Rs. 80,000/- 3. Loss of Estate Rs. 15,000/- 4. Funeral Expenses Rs. 15,000/- 5. Medical Bills Rs. 37,057/- TOTAL Rs. 39,27,057 16. Thus, the claimants would be entitled to the enhanced compensation of Rs. 39,27,057/-as against Rs.26,41,857/- awarded by the Tribunal, at the rate of 6% per annum from the date of petition till the date of realization. - 14 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 17. In the result, we proceed to pass the following: ORDER a) MFA No. 644/2026 filed by the claimants is allowed in part and MFA No. 6749/2025 filed by the Corporation is dismissed. b) The impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to the enhanced compensation of Rs. 39,27,057/-as against Rs.26,41,857/- awarded by the Tribunal. c) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) The Corporation shall deposit the entire compensation amount with accrued interest before the Tribunal within four weeks from - 15 - HC-KAR NC: 2026:KHC:9445-DB MFA No. 6749 of 2025 C/W MFA No. 644 of 2026 the date of receipt of certified copy of this judgment. e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal. f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. g) Draw modified award accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K.V.ARAVIND) JUDGE NC CT: bms