Mr. Kushendra Prasadh v. the Managing Director
Case brief
What is this about?
The High Court of Karnataka allowed two appeals against a Motor Vehicles Tribunal award. It modified the judgment to fasten 100% liability on the BMTC bus driver, awarding enhanced compensation of Rs. 3,05,000/- to the claimants while also adjusting the interest rate.
What did the court decide?
Appellants/Claimants entitled to enhanced compensation of Rs. 3,05,000/- with interest at 6% p.a. from the date of petition.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.5699/2015 C/W M.F.A.NO.3896/2015 (MV-D)
IN MFA NO.5699/2015:
BETWEEN :
THE MANAGING DIRECTOR BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE K.H.ROAD, SHANTHINAGAR BANGALORE - 560 027
… APPELLANT
(BY SRI D. VIJAYKUMAR, ADV.)
AND :
- SRI KUSHENDRA PRASADH S/O. SRI JWALA PRASADH AGED ABOUT 53 YEARS
Issues for consideration
3 issues framed by the court
Whether the Tribunal erred in apportioning 20% contributory negligence to the deceased when the bus driver was found solely responsible.
Whether the quantification of compensation including income, multiplier, and heads of loss was correctly calculated.
Whether the interest rate awarded by the Tribunal was appropriate.
Parties & counsel
- appellant
The Managing Director Bangalore Metropolitan Transport Corporation
- appellant
Mr. Kushendra Prasadh
- appellant
Miss. Babitharani
- appellant
Mr. Pavan Kumar
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- MFA/3896/2015
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