- 1 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4080 OF 2025 (MV-I) BETWEEN: THE MANAGING DIRECTOR BENGALURU METROPOLITAN TRANSPORT CORPORAION LTD., CENTRAL OFFICE K H ROAD, BENGALURU-560 027 NOW THROUGH CHIEF LAW OFFICER BMTC, BANGALORE …APPELLANT (BY SRI. NAGARAJA K., ADVOCATE(VC)) AND: SHRI. KRISHNA. H. M. S/O MANGEGOWDA AGED ABOUT 31 YEARS R/AT HANASOGE VILLAGE AND POST CHUNCHANAKATTE HOBLI K R NAGARA TALUK NEAR KAERI GRAMINA BANK MYSURU-571 617. …RESPONDENT (BY SRI. VIJAY KUMAR T., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.03.2025 PASSED IN MVC NO.1121/2024 ON THE FILE OF THE III ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-18 AWARDING COMPENSATION OF RS.4,19,941/- WITH INTEREST AT 6 PERCENT FROM THE DATE OF PETITION TILL REALIZATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.03.2025 passed in MVC No.1121/2024 on the file of the III Additional Judge, MEMBER, MACT, Court of Small Causes, Bengaluru. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The Injured claimant met with an accident on 17.08.2023 and filed claim petition claiming compensation of Rs.20 lakhs. The Tribunal considered the entire evidence on record and granted an amount of - 3 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 Rs.4,19,941/- along with interest at the rate of 6% per annum, from the date of petition till realization. 4. Aggrieved by the same, Insurance Company preferred this appeal and mainly contended that the petitioner was aged 30 years. But the Tribunal has taken his age as 31 years and multiplier as ‘17’ instead of ‘16’. It is further stated that he also examined the driver of the corporation as RW1 and he stated that as the bus was on its scheduled trip from Hebbal to Bhanashankari and when he reached Bhanashankari bus stand, the driver in order to enter the bus stand was taking left turn, the petitioner in order to cross the main road, darted the path of the bus and exposed himself for the accident. But the evidence of the driver is not considered by the Tribunal. Ex.P5 is a sketch which discloses the place of the accident in the middle of the road and the claimant was attempting to cross the road without taking care of ongoing vehicles and thus he contributed for the accident. The Tribunal has taken the income as Rs.16,000/- per month, which is on - 4 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 higher side. Further submits that the PW2/doctor is not a treated doctor and he assessed the disability as 28% to right lower limb and 14% for whole body. The tribunal has rightly taken 9% disability and further submits that the claimant is not entitled for loss of future income and the compensation granted is on higher side. Therefore, requested for modification of the award. 5. Learned counsel for respondent stated that the charge sheet is filed against the driver of the bus. The claimant was walking on the left side of the road. The Tribunal rightly considered all aspects and directed the respondent to pay the compensation. It is stated that the accident occurred due to the negligence of the petitioner, but they have not taken the plea of contributory negligence on the part of the petitioner, at the earliest point of time. It is for them to plead and prove, but they failed to do so. Admittedly, the charge sheet is filed against the driver of the bus. On perusal of the sketch, the place of accident wherein the bus came from cross - 5 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 road to main road and the driver of the bus ought to have seen the petitioner from a reasonable distance. The driver of the bus has not given any complaint either to the Depot Manager or to the police immediately after the accident and he came up before the court as an RW1 and stated that the accident occurred due to negligence of the petitioner. Therefore, this Court finds that the argument of the appellant regarding contributory negligence cannot be accepted. 6. Though petitioner stated that he was working as a driver and also doing agriculture work, he has not filed any income proof. As he met with an accident in the year 2026, the tribunal rightly considered his notional income as Rs.16,000/- per month. As per Ex.P6/Aadhar card, date of birth of the petitioner was shown as 20.05.1993 and accident occurred on 17.08.2020. As such, as on the date of accident, he was aged 30 years 3 months and as per the citation in case of Shashikala and others Vs Gangalakshmamma and Anr reported in (2015) 9 SCC - 6 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 150 this court finds it is reasonable to take the multiplier as ‘17’ between the age group of 25 to 30. Hence, tribunal has rightly considered the multiplier and this court need not interfere with the same. The petitioner examined doctor as PW2 and he assessed 28% disability to right lower limb and 14% disability to whole body. Therefore, 1/3rd of 28% is 9%. This court finds that the Tribunal has rightly taken disability as 9%. Therefore, loss of future earning capacity comes to Rs.16,000 x 12 x 17 x 9% = Rs.2,93,760/-. The Tribunal granted an amount of Rs.24,181/- towards medical expenses and also granted reasonable amounts under the other heads. Therefore, this court finds no reason to interfere with the award passed by the Tribunal. In the result, this appeal is dismissed, and the award of the Tribunal is confirmed. Respondent/Insurance Company deposited 50% of compensation and they are directed to deposit the balance - 7 - HC-KAR NC: 2026:KHC:20554 MFA No. 4080 of 2025 compensation along with interest at the rate of 6% within one month from the date of this order. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. The statutory deposit of Rs.25,000/- is directed to be transferred to the Tribunal Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 58