- 1 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3859 OF 2024 (MV-I) C/W MFA CROSS OBJECTION NO. 50 OF 2024 (MV-I) IN MFA No. 3859/2024 BETWEEN: THE MANAGING DIRECTOR BMTC DIVISION, CENTRAL OFFICE K H ROAD SHANTHINAGAR BENGALURU-560027 (RC OWNER AND INTERNAL INSURER OF THE BMTC BUS BEARING REGN NO.KA-01-F-8763) REPRESENTED BY ITS CHIEF LAW OFFICER …APPELLANT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) AND: MR VISHAL NAYAK S/O MAHADEVA NAYAK AGED ABOUT 20 YEARS, R/AT RAGIHALLI VILLAGE AND POST, ANEKAL TALUK BENGALURU-560 083. …RESPONDENT (BY SRI. P SURESH., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.10.2023 PASSED IN MVC NO.616/2023 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGLAURU, (SCCH-11), AWARDING COMPENSATION OF RS.5,49,751/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA.CROB NO. 50/2024 BETWEEN: VISHAL NAYAK S/O. MAHADEVA NAYAK, AGED ABOUT 20 YEARS, R/AT RAGIHALLI VILLAGE AND POST, ANEKAL TALUK, BENGALURU -560 083. ...CROSS OBJECTOR (BY SRI. P SURESH., ADVOCATE) AND: THE MANAGING DIRECTOR, BMTC DIVISION, CENTRAL OFFICE, KH ROAD, SHANTHINAGAR, BENGALURU-560 027. ...RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) THIS MFA.CROB IS FILED UNDER ORDER XLI RULE 22 OF THE CPC, UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.10.2023 PASSED IN MVC NO. 616/2023 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH- 11), PARTLY ALLOWING THE CALIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No. 3859 of 2024 is filed by the Managing Director, BMTC and MFA Cr-ob. No.50 of 2024 is filed by the claimant against the judgment and award dated 06.10.2023 passed in MVC No.616 of 2023 by the I Additional Small Causes Judge and ACMM and MACT, Bengaluru. 2. The injured claimant met with an accident on 17.01.2023 and filed claim petition claiming compensation of Rs.14,00,000/- with interest. The Tribunal considering the entire evidence on record granted an amount of Rs.5,49,751/- with interest at the rate of 6% per annum from date of petition till realisation. 3. Aggrieved by the said order the BMTC has filed MFA No. 3859 of 2024 mainly contending that the Tribunal has not considered the oral evidence of R.W.1-driver of the bus, movement of the vehicles, spot of accident and manner of accident, entire oral and documentary evidence on record. It is - 4 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 contended that the accident took place on 17.01.2023 at 2.30 p.m. and the complaint was given on 18.01.2023 at about 07.30 p.m. after the lapse of one day by a person who is not an eye witness to the incident. Exhibit P3 is spot mahazar drawn on 19.01.2023, after two days of the incident. There were no brake marks or any clue found on the spot to show the exact spot of accident. The police drawn the spot mahazar with presumption mechanically and, filed charge sheet against driver of the bus. It is contended that Exhibit P4 is the IMV report. Only scratches found on the right front corner of the bus and right hand side handle brake lever cut the motorcycle. No extensive damages sustained by both the vehicles. Pillion rider has not sustained any injury in the incident. If at all the bus has dashed the motor cycle ridden by the claimant, coming from opposite direction, the motor cycle would have severely damaged rider and pillion rider would have been thrown away at a distance from the spot and both would have sustained grievous injuries. The pillion rider was not examined to substantiate the manner of accident. Motorcycle ridden by the claimant and bus were moving in the opposite direction. Both parties had ample opportunity to avoid the accident. The - 5 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 Tribunal ought to have held that there is equal negligence on the part of the claimant and driver of the bus. It is further stated that the claimant is a student and not a labourer. The disability was assessed after six months of the accident. PW2 stated that the claimant sustained 44% disability to the right leg and 14.66% to the whole body without any basis. The details of the assessment are not mentioned in Exhibit P12, but P.W.2 has stated the same in the evidence. PW2, who has stated restricted movement of right ankle and foot, is contrary to the report or condition of the claimant as per Exhibit P13. The alleged disability assessed by PW2 is imaginary and without any basis. It is further stated that the Tribunal granted excessive amounts under all the heads. Therefore, the BMTC requested for reduction of the compensation. 4. The claimant also filed M.F.A. Cross-objection No.50 of 2024 against the aforesaid judgment and award contending that the claimant was working as a labour and earning Rs.18,000/- per month. The doctor assessed the disability as 14.66% to the whole body. The Tribunal granted meagre - 6 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 amounts under the other heads and thus, requested for enhancement of compensation. 5. Learned counsel for Cross-objector contended that there is no negligence on the part of the rider of the motor cycle, who came in the opposite direction. Charge sheet is filed against the driver of the bus and no complaint is given by the driver of bus. 6. Heard the arguments of learned counsel for both sides. 7. The manner of the accident shows that petitioner- claimant was riding motorcycle bearing registration No.KA-18- H-7878 near Jambusavari Dinne bus stop. At that time, BMTC bus bearing registration No.KA-01-F-8763 came in a rash and negligent manner and dashed the motorcycle. The driver of the bus is examined as R.W.1 and he stated that petitioner came from opposite direction in a rash and negligent manner. The Tribunal relied upon several judgments and considered the issue of contributory negligence. Learned counsel for BMTC has relied upon on evidence of R.W.1 and IMV report. Therefore - 7 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 this Court finds it just and reasonable to fix contributory negligence of 20% on the rider of motor cycle and 80% on the driver of bus. 8. It is contended by the cross-objector that petitioner was riding motorcycle bearing registration No.KA-18-H-7878 near Jambusavari Dinne bus stop. At that time, BMTC bus bearing registration No.KA-01-F-8763 came in a rash and negligent manner and dashed the motorcycle. As a result, the petitioner sustained grievous injuries and shifted to hospital and he took treatment as an inpatient and he spent Rs.9,831/- for medical expenses. He was aged 19 years and he was a labour, earning Rs.18,000/- per month. Though it is stated that the petitioner was earning Rs.18,000/- per month, he has not filed any documents to prove his income. As the accident is of the year 2023, his notional income is to be taken as Rs.16,000/- per month as per the guidelines of Karnataka State Legal Services Authority. 9. Exhibit P6 is the wound certificate. Petitioner examined doctor as PW2 and he stated that the petitioner sustained right leg both bone fracture and underwent surgery - 8 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 in the form of CRIF with IMIL Nailing. The doctor also assessed the disability to right lower limb as 44% and that of the whole body as 14.66%. The Tribunal observed that the petitioner can do his work without any difficulty and taken the functional disability as 12%. However, this Court finds it reasonable to take the disability as 15% (1/3rd of 44%) relying on medical evidence. The petitioner was aged 19 years at the time of accident and the proper multiplier is 18. Thus, the loss of future earning capacity comes to Rs.5,18,400/- (16,000 x12x18x15%). The Tribunal granted Rs.9,831/- towards medical expenses and the said amount is confirmed. The petitioner was hospitalized for a period of 8 days. Considering the nature of injuries, his occupation, the period of hospitalisation and other relevant factors, this Court finds it is reasonable to grant an amount of Rs.60,000/- for pain and suffering. Rs.25,000/- for loss of amenities, Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 4 months. Therefore, Rs.64,000/- (16,000x4) is granted towards loss of income during the laid up - 9 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 period. Future medical expenses is also granted by the Tribunal as Rs.15,000/- and the same is confirmed. 10. Thus, in all, the claimant is entitled for the compensation of Rs.7,22,231/- with interest at 6% per annum as against Rs.5,49,751/- awarded by the Tribunal. 11. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 5,18,400/- 2. Medical expenses 9,831/- 3. Pain and Suffering 60,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 64,000/- 7. Future medical expenses 15,000/- Total 7,22,231/- 12. In the result, the following order is passed: (i) MFA No. 3859 of 2024 filed by the Managing Director, BMTC is allowed in part and MFA Cr-ob. No.50 of 2024 filed by the claimant is also allowed in part. - 10 - HC-KAR NC: 2026:KHC:17933 MFA No. 3859 of 2024 C/W MFA.CROB No. 50 of 2024 (ii) The claimant is entitled for the total compensation of Rs.7,22,231/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The respondent BMTC has already deposited the award amount before the Tribunal. This Court fixed 80% contributory negligence to the Managing Director of BMTC and they are directed to deposit balance amount, if any, with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the first petitioner - wife of the deceased alone is permitted to withdraw entire amount along with interest accrued on it. (v) Amount in deposit by the BMTC to be transferred to the Tribunal. SD/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 64