- 1 - HC-KAR NC: 2026:KHC:5161 MFA No. 8115 of 2015 C/W MFA No. 8119 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8115/2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 8119/2015 (MV-I) IN MFA No. 8115/2015 BETWEEN: THE MANAGING DIRECTOR BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE, K H ROAD SHANTHINAGAR BANGALORE-560 027. …APPELLANT (BY SRI. D VIJAYAKUMAR., ADVOCATE) AND: SRI SHIVAKUMAR C R S/O SRI RENUKA PRASAD AGED ABOUT 18 YEARS R/AT NO.55, CHUNNENAKUPPE TAVAREKERE HOBLI, BANGALORE SOUTH TALUK BANGALORE URBAN DIST-562 130. …RESPONDENT (BY SRI. NAGARAJA, ADVOCATE (ABSENT)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.05.2015 PASSED IN MVC NO.2467/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, MACT, BENGALURU, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5161 MFA No. 8115 of 2015 C/W MFA No. 8119 of 2015 AWARDING COMPENSATION OF RS.6,29,862/- WITH INTEREST 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 8119/2015 BETWEEN: THE MANAGING DIRECTOR BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE, K H ROAD SHANTHINAGAR BANGALORE-560 027. ...APPELLANT (BY SRI. D VIJAYA KUMAR., ADVOCATE) AND: SRI LINGARAJU N S/O LATE NAGARAJ AGED ABOUT 23 YEARS R/AT CHUNCHANAKUPPE TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE URBAN DIST-562 130. ...RESPONDENT (V/O DTD:22.09.2025 SRI. NAGARAJA, ADVOCATE (ABSENT)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.05.2015 PASSED IN MVC NO.2466/2014 ON THE FILE OF THE 2ND ADDITIONAL, SMALL CAUSES, JUDGE AND XXVIII ACMM, MACT(SCCH-13), BENGALURU, AWARDED THE AMOUNT OF RS.9,25,170/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT WITH THE TRIBUNAL. THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5161 MFA No. 8115 of 2015 C/W MFA No. 8119 of 2015 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Both these appeals are filed against a common order of the tribunal, filed under Section 173(1) of Motor Vehicles Act, 1988. 2. MFA No.8115/2015 is filed against the award of the Tribunal in MVC.No.2467/2014 and MFA No.8119/2013 is filed against the award of the tribunal in MVC.No.2466/2014 dated 05.05.2015 passed by II Additional, Small Causes, Judge and XXVIII ACMM, MACT, Bengaluru, for enhancing the compensation. 3. Learned counsel for appellant is present, learned counsel for respondent remained absent. The ranks of the parties are retained as per tribunal for the sake of convenience. As the matter is of the year 2015, this court intended to proceed and dispose with the matter. 4. The brief facts of the case is that the manner of the accident which occurred on 26.01.2014 shows that - 4 - HC-KAR NC: 2026:KHC:5161 MFA No. 8115 of 2015 C/W MFA No. 8119 of 2015 while petitioners were proceeding on motorcycle bearing Reg.No.KA-41-W-5701 as a rider and pillion rider, at that time, the driver of BMTC bus bearing No.KA-01-F-4417 came in a high speed and rash and negligent manner and dashed two wheeler. As a result, both of them sustained injuries and they filed the above petitions claiming compensation of Rs.15,00,000/- and Rs.12,00,000/- respectively. The Tribunal considering the entire evidence on record, granted an amount of Rs.9,25,170/- and Rs.6,29,862/- respectively. 5. Aggrieved by the said order, the Managing Director of Bangalore Metropolitan Transport Corporation preferred an appeal and mainly contended that except the evidence of PW1, who was interested witness, there was no other evidence of pillion rider or the complainant and there is no evidence of independent eye witness. PW2 is the mother of the pillion rider. She is not an eye witness to the occurrence of the accident. As per Ex.P2/spot mahazar, width of the road is 24 feet and running North to - 5 - HC-KAR NC: 2026:KHC:5161 MFA No. 8115 of 2015 C/W MFA No. 8119 of 2015 South direction and motorcycle had fallen 6 feet away from the western portion of the road. As per Ex.P3/IMV Report, there is damage to the motorcycle. This clearly shows that there is no contact or impact between BMTC bus and motorcycle. The amount granted by the Tribunal is excessive. Further, PW3 is the doctor who assessed the disability as 11.6% to the right lower limb and Ex.P18 and Ex.P19 are the medical bills in 115 numbers and he incurred Rs.4,11,362/- towards medical expenses. Further, contended that the Tribunal also erroneously granted an amount of Rs.15,000/- towards future medical expenses and thus requested for setting aside the award of the Tribunal. 6. After the investigation, charge sheet is filed against the driver of the bus. The Tribunal considering the said factor, held that the respondent is liable to pay the compensation and on the perusal of the judgment it shows that the tribunal considered all the aspects and rightly granted reasonable amounts, in both the cases. - 6 - HC-KAR NC: 2026:KHC:5161 MFA No. 8115 of 2015 C/W MFA No. 8119 of 2015 7. Therefore, this Court finds no reason to interfere with the said order. Accordingly, both the appeals are dismissed, confirming the order of the tribunal. The Managing Director of the BMTC has already deposited 50% of the compensation before the Tribunal and he is directed to deposit the balance compensation along with interest, within one month from the date of this order. On such deposit, both petitioners are permitted to withdraw the said amount along with interest accrued on it. Amount already in deposit is to be transferred to the tribunal. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 78