Partly allowed

Bengaluru Metropolitan Transport Corporation (Bmtc) v. Anitha K

Karnataka HC9 Sept 2024MFA/669/2022

Case brief

AI extract

What is this about?

BMTC appealed the Motor Accidents Claims Tribunal's award of Rs.11,90,536 for a schoolgirl grievously injured in an accident involving traumatic brain injury. With counsel consensus, the High Court reduced the compensation to Rs.9,00,000 with interest at 6% p.a., upholding the Tribunal award in all other respects.

What did the court decide?

Compensation reduced from Rs.11,90,536 to Rs.9,00,000; interest at 6% p.a.; deposit within eight weeks; Tribunal award otherwise upheld.

Bengaluru Metropolitan Transport Corporation (Bmtc)… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:36691 MFA No. 669 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 669 OF 2022 (MV-I)

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BETWEEN:

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BENGALURU METROPOLITAN TRANSPORT CORPORATION (BMTC) MANAGING DIRECTOR, CENTRAL ACCIDENT BRANCH, SHANTHINAGAR, BENGLAURU-560 027. THE MANAGING DIRECTOR, HOSKOTE BRANCH, HOSKOTE TOWN, DEPOT 39, BENGALURU-562 114. REP BY ITS MANAGING DIRECTOR, B.M.T.C. DEPOT, BANGALORE CENTRL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027.

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…APPELLANT

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(BY SRI. D. VIJAYAKUMAR, ADVOCATE)

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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AND:

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ANITHA K., D/O. KRISHNAMURTHY AGED ABOUT 24 YEARS, R/AT JYOTHINAGAR, 3^RD CROSS, VIRGONAGAR POST, BENGALURU-560 049.

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…RESPONDENT

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(BY SMT. ANURADHA URS M D.,ADVOCATE)

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THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.09.2021 PASSED IN MVC NO.6031/2017 ON THE FILE OF THE I ADDITIONAL SMALL

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2 - NC: 2024:KHC:36691 MFA No. 669 of 2022

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CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11), AWARDING COMPENSATION OF RS.11,90,536/WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

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Heard Sri.D.Vijaya Kumar, learned counsel for the appellant as well as Smt.Anuradha Urs.M.D, learned counsel who represents the respondent/claimant.

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Challenge in this appeal is the order that is rendered by the Motor Accidents Claims Tribunal, Bengaluru in MVC No.6031/2017 dated 17.09.2021.

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Learned counsel Sri.D.Vijaya Kumar submits that the appeal is filed challenging the exorbitant amount that is awarded as compensation by the Tribunal for the alleged injury sustained by a girl aged about 15 years by the date of accident. Learned counsel contends that the Tribunal awarded a sum of Rs.7,12,800/- towards loss of

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3 - NC: 2024:KHC:36691 MFA No. 669 of 2022

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future earnings that too for a girl aged about 15 years and a school going one which is unjustifiable. Learned counsel submits that the amount awarded as compensation under all other heads is also exorbitant.

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Smt.Anuradha Urs.M.D, learned counsel for the respondent submits that the condition of the respondent/claimant is pathetic and she is still bedridden. Learned counsel states that however, as the appeal is pending since long time, the Court may reduce the compensation to certain extent and pass appropriate orders.

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It is not in dispute that the respondent/claimant sustained grievous injuries due to the accident and took treatment as inpatient. The fact that the respondent/claimant sustained traumatic brain injury and underwent surgery is borne by record. However, considering the absence of substantive proof with regard to the alleged loss of future earnings to the extent of 30%, this Court is of the view that the compensation awarded is

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4 - NC: 2024:KHC:36691 MFA No. 669 of 2022

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liable to be reduced as prayed for. In light of consensus between Sri.D.Vijaya Kumar, learned counsel for the appellant and Smt.Anuradha Urs.M.D, learned counsel for the respondent that the justifiable sum which can be awarded as compensation is Rs.9,00,000/-, the appeal is disposed of with the following:

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ORDER

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(i) The appeal is allowed in part.

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(ii) The compensation that is awarded by the Motor Accidents Claims Tribunal, Bengaluru through orders in MVC No.6031/2017 dated 17.09.2021 is reduced from Rs.11,90,536/to Rs.9,00,000/-.

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(iii) The sum awarded shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit.

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(iv) The appellant is directed to deposit the entire sum within a period of 8(eight) weeks from the date of receipt of copy of this order.

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NC: 2024:KHC:36691 MFA No. 669 of 2022

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(v) The award of the Tribunal in all other aspects holds good.

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(vi) The amount if any in deposit be transmitted along with the concerned records to the Tribunal immediately.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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NS CT:TSM List No.: 1 Sl No.: 66

Bengaluru Metropolitan Transport Corporation (Bmtc) v. Anitha K

Case brief

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Bengaluru Metropolitan Transport Corporation (Bmtc) v. Anitha K

Case brief

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