- 1 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO. 6771 OF 2025 (MV-D) BETWEEN: THE MANAGING DIRECTOR B.M.T.C., K.H.ROAD, BENGALURU-560 027 (OWNER AND INSURER OF THE B.M.T.C BUS NO. KA 57 -F-4209) NOW THROUGH CHIEF LAW OFFICER, B.M.T.C. BANGALORE. …APPELLANT (BY SRI. NAGARAJA K., ADV.) AND: 1. SMT. M VANITHA W/O. XAVIER .L AGED ABOUT 48 YEARS 2. SRI. PUSHPARAJ SERIYAR S/O. SEVIYAR AGED ABOUT 27 YEARS, 3. SRI. ANDHONIRAJ S/O. SEVIYAR AGED ABOUT 27 YEARS, 4. SRI. AJIT ANANDHARAJ SEVIYAR S/O. SEVIYAR AGED ABOUT 25 YEARS, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 ALL ARE R/AT NO.43, KARNATAKA CERAMIC ROAD, NEAR SHIVA TEMPLE, NAGANATHAPURA, HOSA ROAD, ELECTRONIC CITY, BANGALORE-560 100. …RESPONDENTS (BY SRI. GURUDEVA PRASAD K. T., ADV. FOR R1 TO R4) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2025 PASSED IN MVC NO. 4905/2024 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-23, AWARDING COMPENSATION OF RS.47,63,300/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) This appeal is filed by the BMTC challenging the judgment and award dated 03.07.2025 passed in MVC No.4905/2024 by the XXI Addl. Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-23) (for short, ‘the Tribunal’). 2. The respondents filed a claim petition seeking compensation on account of the accidental death of Sri. Xavier L. (deceased), which occurred on 22.06.2024, involving a motorcycle bearing Reg.No.KA-51-R-2686 and a BMTC bus - 3 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 bearing Reg.No.KA-57-F-4209. It is pleaded that the accident occurred due to the rash and negligent driving of the driver of the BMTC bus. 2.1 After service of notice, the respondent–Corporation appeared and filed its written statement denying the averments made in the claim petition. It is specifically contended that the accident occurred due to the negligence of the deceased. It is submitted that the deceased, while overtaking the BMTC bus, attempted to pass between another vehicle, namely a tipper lorry, and in the process dashed against the said tipper lorry and thereafter fell under the right rear wheel of the BMTC bus. It is further submitted that the compensation awarded is on the higher side. 2.2 Claimant No.1 examined herself as PW1. The employer of the deceased was examined as PW2. In support of their claim, the claimants marked Ex.P1 to Ex.P27. On behalf of the Corporation, its driver was examined as RW1 and Ex.R1 to Ex.R6 were marked. - 4 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 2.3 The Tribunal, upon consideration of the evidence on record, assessed the monthly income of the deceased at Rs.40,460/- and applied the multiplier of ‘11’, considering the age of the deceased as 52 years. The Tribunal further awarded 15% towards future prospects and deducted ¼ towards personal expenses. In total, the Tribunal awarded compensation of Rs.47,63,300/-, including the amounts awarded under the conventional heads. 3. Sri Nagaraja K., learned counsel appearing for the appellants, submits that the accident occurred due to the negligence of the deceased. It is specifically contended that the deceased negligently entered between the bus and the passing tipper lorry and, as a result, dashed against the tipper lorry and thereafter fell under the rear wheels of the BMTC bus. 3.1 It is further submitted that claimant Nos.2 to 4 are major sons of the deceased and are therefore not entitled to compensation. It is contended that there is no evidence to establish that claimant Nos.2 to 4 were dependent on the earnings of the deceased. - 5 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 4. Sri Gurudeva Prasad K.T., learned counsel appearing for the respondents/claimants, submits that the compensation awarded by the Tribunal is based on a proper appreciation of the evidence on record. It is submitted that claimant Nos.2, 3 and 4 were dependent on the earnings of the deceased on account of their physical disabilities. Learned counsel further submits that the income of the deceased has been duly established through the pay slip and the examination of the employer. 4.1 During the course of hearing, certified copies of the documents referred to in the judgment were made available by the learned counsel for the respondents. Reference to such documents is made in the course of this judgment. 5. Having considered the submissions of the learned counsel for the parties, it is evident that the age of the deceased, the applicable multiplier, the occurrence of the accident, and the involvement of the bus in the accident are not in dispute. The appeal is urged on two grounds: firstly, disputing the finding regarding the absence of contributory negligence on the part of - 6 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 the deceased; and secondly, disputing the dependency of claimant Nos.3 and 4. 6. Insofar as the first issue is concerned, it is contended that the accident occurred due to the negligence of the deceased, as he entered between the bus and the parallelly moving tipper lorry. However, except for the pleadings of the appellant, there is no evidence on record to establish the presence or involvement of the tipper lorry in the accident. The contention of the appellant regarding the involvement of the tipper lorry in the accident cannot be accepted unless the same is established by cogent evidence. 6.1 The FIR and the charge sheet are on record, including the spot sketch. None of these documents refer to the presence or involvement of a tipper lorry in the accident as contended by the learned counsel for the appellant. The contention of the appellant is therefore without any basis. The pleadings are self- serving and cannot be accepted in the absence of supporting evidence. - 7 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 7. Insofar as the second contention is concerned, it is clearly stated by PW1 that claimant Nos.3 and 4 are physically challenged and were dependent on the earnings of the deceased. Though PW1 was subjected to extensive cross- examination, no contrary material was elicited, nor has any other evidence been produced by the appellant–Corporation in support of its contention. 7.1 In that view of the matter, the finding of the Tribunal that all the claimants were dependent on the income of the deceased does not call for interference. 8. Insofar as the other aspects, such as the monthly income, age, applicable multiplier, deduction towards personal expenses, and addition towards future prospects are concerned, the same are not disputed. Hence, the compensation awarded by the Tribunal is based on the evidence on record. The award does not call for further interference by this Court. Accordingly, the appeal stands dismissed. - 8 - HC-KAR NC: 2026:KHC:12503-DB MFA No. 6771 of 2025 The amount in deposit shall be transferred to the Tribunal forthwith, and the remaining amount shall be deposited within six weeks from today. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 9