The High Court modified an MVC award, enhancing compensation for the deceased's legal representatives while affirming the 70% liability on BMTC against 30% contributory negligence imposed on the minor driver.
Compensation enhanced to Rs.15,97,260/-; interest reduced from 9% to 6% per annum; Tribunal's liability ratio sustained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5071 OF 2020 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 5121 OF 2020(MV-D)
IN MFA NO.5071/2020
BETWEEN:
ALL ARE R/AT JALLA VANDLA PALLE GOPIDINNE THAMBALAPALLE CHITTOR DISTRICT ANDRAPRADESH
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH
Location: HIGH COURT OF KARNATAKA
(BY SRI. GURUDEV PRASAD K T.,ADVOCATE)
AND:
THE MANAGING DIRECTOR
BMTC DIVISION SHANTHINAGAR K.H ROAD BENGALURU
…APPELLANTS
…RESPONDENT
(BY SRI.D.VIJAYKUMAR .,ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
PASSED BY THE V ADDL.SMALL CAUSES JUDGE AND XXIV ACMM., MEMBER M.A.C.T DATED 08.01.2020 IN MVC NO.3552/2019, WITH A PRAYER FOR ENHANCEMENT OF COMPENSATION.
IN MFA NO.5121/2020
BETWEEN:
THE MANAGING DIRECTOR BMTC DIVISION SHANTHINAGAR K.H ROAD BENGALURU- 560 027
…APPELLANT
(BY SRI.D.VIJAYAKUMAR., ADVOCATE)
AND:
ALL ARE R/AT JALLA VANDLA PALLE GOPIDINNE THAMBALAPALLE CHITTOR DISTRICT ANDRAPRADESH
… RESPONDENTS
(BY SRI. GURUDEV PRASAD K T.,ADVOCATE FOR R-1 TO R-3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
AND AWARD DATED 08.01.2020 PASSED IN MVC NO.3552/2019 ON THE FILE OF THE V ADDL, SMALL CAUSES JUDGE AND MEMBER-MACT, COURT OF SMALL CAUSES, BENGALURU.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These two appeals - MFA Nos.5071/2020 and 5121/2020 are preferred by the claimants and the Bangalore Metropolitan Transport Corporation (for short 'Corporation' ) respectively questioning the common judgment and award dated 8th January, 2020 passed in MVC No.3552/2019 by the V ASCJ & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru (for short ‘the Tribunal’ ).
the Tribunal.
On 26.4.2019 at about 1.10 p.m., deceased Kottakota
Uday Prakash Reddy was driving a tractor bearing Registration No.AP-03-BJ-9041 on Varthur Main Road, at that time, BMTC bus bearing registration No.KA-57-F-3747 came in a rash and negligent manner, so as to endanger human life and safety, in the same direction and dashed against the tractor. Due to the occurrence of the accident, the deceased sustained grievous injuries and died on the spot.
4.1 It is stated that the deceased was aged 20 years and was working as office boy at Sai Malli Constructions, Hosakote, earning Rs.15,000/- per month. Due to the sudden and untimely death of the deceased, the claimants who are the legal representatives and the dependants filed the claim petition seeking compensation.
4.2 Respondent filed the written statement denying the averments made in the claim petition including age, avocation and income and pleaded that the accident did not occur due to
negligence of the bus, but due to the negligent driving of the tractor by its driver, who was a minor. It is also pleaded that the deceased did not possess valid and effective Driving Licence as on the date of occurrence of the accident. Hence, sought for dismissal of the claim petition.
4.3 On the basis of the pleadings, the Tribunal framed relevant issues for consideration.
4.4 In order to substantiate the issues and establish the case, the claimant No.1 got examined himself as PW.1 and got marked Ex.P1 to Ex.P18. On the other hand, the respondent got examined Conductor of the BMTC bus as RW.1 and did not mark any documents on his behalf.
4.5 On the basis of the material evidence, both oral and documentary, the Tribunal awarded total compensation of Rs.13,90,800/-, fixing the liability of 70% against the BMTC and 30% contributory negligence against the deceased and directed the respondent/Corporation to pay Rs.9,73,560/(70% of Rs.13,90,800/-) with interest at 9% per annum.
4.6 Being aggrieved by the impugned judgment and award, claimants as well as Corporation are before this Court questioning the same.
seeks to allow this appeal and consequently enhance the compensation.
the entire negligence is liable to be fastened against the deceased himself. He also contends that the claim petition is also bad for mis-joinder of necessary parties as the claimants have not made owner of the tractor party to the claim petition.
a drop out from I PUC. In fact, no material is placed to show that the deceased was working as office boy at Sai Malli Constructions, Hosakote and therefore question of enhancing compensation is far-fetched and cannot be granted. Lastly, he contends that interest awarded by the Tribunal at 9% per annum on the compensation amount is on the higher side and the same will have to be reduced to 6% per annum.
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
case is 18. Therefore, loss of dependency would be Rs.9800 x 12 x 18 = Rs.21,16,800/-.
of love and affection, funeral expenses and loss of estate respectively.
14. In the cases of accident where minors are involved, be it a two wheeler or a four wheeler, it is the tendency of the Police department to register FIR and
lay charge sheet against bigger vehicle, in most of the cases. If this attitude of the Police Department continues, then there would not be any sanctity for the Motor Vehicles Act, which prescribes age limit for procuring the licence and provides several provisions/ sections for punishment and penalty for those, who drive the two wheeler or four wheeler without possessing a valid and effective Driving Licence. The Police Department, Investigating Agency will have to take responsibility, if they are really willing to streamline and reform the Society in respect of reducing the accidents rather than collecting fine and filling the coffers of exchequer, which is not the intent of the Legislature and infact there are several agencies for collecting tax and filling the exchequer for the welfare of the State. It is the duty of the Police Department to monitor and penalize those who drive the vehicles on the road in rash and negligent manner, jump the signals, violate the rules and regulations, fail to wear helmets, ride triple riding etc., strictly in terms of the Motor Vehicles Act. Thus, the Police Department has to take necessary steps
to have a system to control huge mortality rates in the road traffic accident. All the stakeholders will have to play major role in reforming the system and making realization to the citizens that violation of traffic rules would lead to serious consequences, including impounding & seizing the Licence.
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
against the BMTC and 30% against the deceased. Under the circumstances, the ratio fixed by the Tribunal is retained.
Corporation that the interest awarded by the Tribunal at 9% per annum is on the higher side and the same will have to be reduced to 6% per annum. Accordingly, the interest is reduced to 6% per annum on the entire compensation.
to compensation of Rs.15,97,260/- as against Rs.9,73,560 awarded by the Tribunal, as mentioned in the table below:
| Sl. No. |
Head of compensation | Amount of compensation awarded |
|---|---|---|
| 1 | Loss of dependency | Rs.21,16,800-00 |
| 2 | Loss of parental consortium | Rs. 88,000-00 |
| 3 | Loss of love and affection | Rs. 44,000-00 |
| 4 | Loss of estate | Rs. 16,500-00 |
| 5 | Towards funeral and obsequies | Rs. 16,500-00 |
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
| Total | Rs.22,81,800-00 |
|---|---|
| Less: Contributory negligence of 30% attributed against the deceased (30% of Rs.22,81,800/-) |
Rs. 6,84,540-00 |
| Compensation to which claimants are entitled for i.e., 70% of Rs.22,81,800/- |
Rs.15,97,260-00 |
O R D E R
iii) The fastening of liability of 70% against the BMTC bus and 30% contributory negligence against the deceased, is sustained and confirmed,
iv) The claimants would be entitled to compensation of Rs.15,97,260/- (Rupees fifteen lakhs ninety-seven thousand two hundred and sixty only) as against Rs.9,73,560/- awarded by the Tribunal alongwith interest at 6% per annum.
NC: 2024:KHC:9554 MFA No. 5071 of 2020 C/W MFA No. 5121 of 2020
JUDGE
List No.: 1 Sl No.: 69
Sd/-
GSS
2 issues framed by the court
Whether the 70% liability attributed to BMTC and 30% contributory negligence against the minor deceased should be altered.
Whether the compensation and loss of consortium awards need enhancement in light of the Supreme Court decision in Pranay Sethi.
Colour shows how this judgement treated each authority
National Insurance Company Limited vs. Pranay Sethi and othersApplied¶76
National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680,
1 provisions across 1 enactments
KOTTAKOTA SHANKAR REDDY AND ORS
THE MANAGING DIRECTOR (BMTC)
KOTTAKOTA SHANKAR REDDY
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
