The Managing Director Bmtc Vs Smt.Katiful Begum Laskar

THIS MFA FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.11.2021 PASSED IN MVC NO.560/2019 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-21), AWARDING COMPENSATION OF RS.17,60,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. (EXCLUDING THE INTEREST FOR PERIOD OF 2 YEARS 4 MONTHS).

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NC: 2025:KHC:46807-DB MFA No. 2955 of 2022 C/W MFA No. 1834 of 2023

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HC-KAR

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IN MFA NO. 1834/2023

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BETWEEN:

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SMT.KATIFUL BEGUM LASKAR W/O DILBAR HUSSAN LASKAR, AGED ABOUT 25 YEARS,

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MASTER ANIF AHMED S/O LATE DILBAR HUSSAN LASKAR, AGED ABOUT 9 YEARS,

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MASTER HASSAN AHMED LASKAR S/O LATE DILBAR HUSSAN LASKAR, AGED ABOUT 6 YEARS APPELLANT NO.S 2 & 3 ARE MINORS, REP. BY NATURAL GUARDIAN AND MOTHER SMT. KATIFUL BEGUM LASKAR 1^ST APPELLANT HEREIN.

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SRI. SHUKKAR ALI LASKAR S/O MAKAMAD ALI LASKAR, AGED ABOUT 55 YEARS,

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SMT. LUTAFA BEGAM LASKAR W/O SHUKKUR ALI LASKAR @ SHUKAKUR ALI LASKAR, AGED ABOUT 49 YEARS,

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ALL ARE R/AT KARKAT, P.S.DHOLAI, SUB-DIVN. SILCHAR, DIST: CHACHAR, ASSAM, AND ALSO R/AT KHAAJAMIRA 5^TH P.S.KATLCHERRA, DIST: HAILKANDI, ASSAM.

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...APPELLANTS

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(BY SRI. GURUDEV PRASAD K.T., ADVOCATE)

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HC-KAR

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AND:

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THE MANAGING DIRECTOR, B.MT.C., SHANTHINAGAR, DOUBLE ROAD, BENGALURU-560 027.

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...RESPONDENT

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(BY SMT. B.P.RADHA., ADVOCATE)

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THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2021 PASSED IN MVC NO. 560/2019 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, M.A.C.T., MAYO HALL UNIT, BENGLAURU (SCCH21) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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&

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present appeals have been filed the first appeal

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MFA.No.2955/2022 by the owner of the offending vehicle, and the second appeal in MFA.No.1834/2023 by the appellant/claimant.

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HC-KAR

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The brief facts are that an accident took place between a motorcycle bearing Chassis No.

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ME4JF215FE8149139 and a BMTC bus bearing Registration No. KA-01-F-4752, opposite Sunsar Mall, Kamanahalli Main Road, Bengaluru, on 10.12.2018 at about 02:05 p.m. A claim petition was filed by respondent Nos. 1 to 5 (the claimants) seeking compensation of Rs. 20,00,000/-.

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The following issues were framed by the learned Trial Court:

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“ISSUES

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1. Whether the petitioners prove that on 10.12.2018 at about 02.05 p.m., while deceased Dilbar Hussan Laskar was riding motor cycle bearing Chassis No.ME4JF215FE8149139, Opp. Sunsar Mall, Kamanahalli Main Road, Kamanahalli, Bengaluru city, the driver of BMTC bus bearing Reg. No. KA-01- F-4752 by driving it in a rash and negligent manner, dashed the said motor cycle, caused the accident and as a result, deceased succumbed to the injuries on the way to the hospital as alleged by them?

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2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom?

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3. What order or award?”

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The learned Trial Court examined the evidence

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on record, including Exhibit P4, and concluded that the

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HC-KAR

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accident was caused by the BMTC bus, which deviated from its path and encroached onto the extreme right side to collide with the deceased's motorcycle. The Trial Court thus held that the accident occurred solely due to the rash and negligent driving of the BMTC bus driver.

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It is the claimants' case that the deceased was

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working as a security guard, earning Rs. 15,000/- per month. However, as no documentary evidence was produced to substantiate his income, the Trial Court adopted a notional income of Rs. 10,000/- per month. Since the deceased left behind his wife, two children, and parents as dependants, the Court deducted 1/4th towards

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his personal expenses, calculating the loss of dependency

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as Rs. 7,500/- x 12 x 18 (multiplier).

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The Trial Court awarded the following amounts as compensation.

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NC: 2025:KHC:46807-DB MFA No. 2955 of 2022 C/W MFA No. 1834 of 2023

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HC-KAR

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Head of Compensation	Amount/Rs.
Loss of dependency	16,20,000.00
Compensation towards loss	40,000.00
of consortium
Compensation towards loss	15,000.00
of estate
Compensation towards	15,000.00
funeral expenses
Filial and parental	70,000.00
consortium for petitioners
No.2 to 5
Total	17,60,000.00

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Learned counsel for the claimants submits that

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regarding negligence, the bus was clearly at fault as the deceased was driving on his correct side, and the bus, while taking a right turn, came onto the wrong side of the road. On compensation, he contends that the minimum wage as per the Karnataka State Legal Services Authority guidelines at the relevant time was Rs. 12,500/-. He further submits that future prospects were not awarded by

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HC-KAR

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the Trial Court, despite the deceased being employed prior

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to his demise.

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Learned counsel for the appellant-BMTC has raised two contentions. Firstly, she submits that there was no negligence on the part of the BMTC bus driver. Secondly, she contends that the claimants failed to prove their relationship with the deceased, given the fact that the deceased, at the age of 21, was allegedly married and had children, including a four-year-old. Regarding the first aspect of negligence, the Trial Court found that while the deceased was driving on his side of the road, it was the BMTC bus that was on the wrong side.

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Exhibit P4, the sketch plan of the accident,

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corroborates this. It shows that the bus, while traversing to take a right turn, had crossed onto the wrong side of the road and that the collision did not occur at an intersection.

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HC-KAR

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Regarding the compensation to be awarded, the

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Trial Court adopted an income of Rs. 10,000/- per month. As per the Karnataka State Legal Services Authority guidelines, this is required to be Rs. 12,500/-. In addition, Exhibit P7, the post-mortem report, gives the deceased's age as 22 years. Although the learned counsel for the appellant-BMTC has disputed the claimants' status as dependants, she is unable to place any evidence on record to that effect.

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On the aspect of compensation in view of the law is settled in this behalf. Loss of dependency is required to be calculated in the following manner Rs.12,500+40%X1/4^th loss of dependency is calculated at 28,35,000/-

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Head of Compensation	Amount/Rs.
Loss of dependency	28,35,000.00
Compensation towards loss	2,00,000.00
of consortium
Compensation towards	15,000.00
funeral expenses

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HC-KAR

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Compensation towards loss 15,000.00 of estate

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Total 30,65,000.00

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Accordingly the compensation awarded by the Trial Court is enhanced Rs13,05,000/(30,65,00017,60,000).

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ORDER

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(i) MFA No. 1834 of 2023 is partly allowed. The claimants are entitled to the enhanced compensation of Rs. 13,05,000/-, which shall carry interest at the rate awarded by the Tribunal from the date of the claim petition till the date of realisation.

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(ii) M FA No. 2955 of 202 2 , filed by the owner of the offending vehicle, is d ismissed , as the finding of negligence against the BMTC bus driver is upheld.

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(iii) The claimants shall not be entitled to interest for the delayed period of 277 days in filing the appeal (MFA No. 1834 of 2023).

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HC-KAR

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(iv) The enhanced compensation shall be deposited before the Tribunal within eight weeks from today. Upon deposit, the same shall be disbursed to the claimants in terms of the Tribunal's award. The interim order, if any, stands modified accordingly.

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(v) Statutory deposit, if any, shall be refunded

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to the appellant in MFA No. 2955 of 2022.

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Digitally signed by DINESH KUMAR SINGH

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Location: HIGH COURT OF KARNTAKA

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(D K SINGH) JUDGE

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Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA