Smt Rashmi G N Vs the Managing Director

THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2024 PASSED IN MVC NO.4572/2023. ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 584/2025

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BETWEEN:

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THE MANAGING DIRECTOR BMTC, K H ROAD SHANTHINAGAR BANGALORE -560027 (R C OWNER OF BUS BEARING NO.KA 53-F-0113) REP. BY ITS CHIEF LAW OFFICER. (BY SRI. F.S. DABALI, ADV.)

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...APPELLANT

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AND:

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SMT. RASHMI G.N., W/O HARIHARATHMAJAM S AGED ABOUT 25 YEARS

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MASTER CHINMAY H S/O HARIHARATHMAJAM S AGED ABOUT 6 YEARS

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HC-KAR

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AS THE RESPONDENT NO.2 IS MINOR REP. BY HIS NATURAL GUARDIAN AND MOTHER SMT. RASHMI G N I. E., RESPONDENT NO 1

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SRI SRINIVAS KARNA V S/O VENKATARAMANAPPA AGED ABOUT 60 YEARS

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SMT. NANJAMMA W/O SRINIVAS KARMA AGED ABOUT 56 YEARS

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ALL RESPONDENTS ARE RESIDING AT NO.105 2^ND MAIN ROAD, SHASHADRIPURAM BANGALORE NORTH BANGALORE-560020.

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...RESPONDENTS

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(BY SRI. N.R. HARISH, ADV. FOR C/R1 TO R4)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2024 PASSED IN MVC NO.4572/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.36,40,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

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NC: 2026:KHC:14574-DB MFA No. 1307 of 2025 C/W MFA No. 584 of 2025

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

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These appeals are filed by the Bengaluru Metropolitan Transport Corporation (for short, ‘Corporation’) and the claimants, questioning the judgment and award dated 13.11.2024 passed in MVC No.4572/2023 by the Chief Judge, Court of Small Causes and Member, Principal Motor Accident Claims Tribunal, Bengaluru (for short, ‘the Tribunal’).

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MFA No.1307/2025 is filed by the claimants seeking enhancement of compensation, and MFA No.584/2025 is filed by the Corporation disputing the finding of negligence as well as the quantum of compensation. The petitioners are the wife, children, and parents of Sri Hariharathmajam S., who died in a road traffic accident that occurred on 03.07.2023 involving a BMTC bus bearing registration No.KA-53-F-0113 and a motorcycle bearing registration No.KA-04-KJ-4509.

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It is pleaded that the deceased was aged about 34 years and was earning Rs.25,000/- per month. Upon service of notice, the Corporation filed its statement of objections denying

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HC-KAR

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the averments made in the petition, including the age, occupation, and income of the deceased, as well as the manner of the accident. Claimant No.1 examined herself as PW1 and marked Ex.P1 to Ex.P18. On behalf of the Corporation, RW1— the driver of the bus, was examined and Ex.R1 and Ex.R2 were marked. The Tribunal, based on the evidence on record, held that the accident occurred due to the rash and negligent driving of the driver of the offending bus. In the absence of proof of income, the Tribunal assessed the notional income, deducted 1/4th towards personal expenses, and applied a multiplier of 16. The Tribunal also awarded 50% towards future prospects.

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Sri Harish N.R., learned counsel appearing for the claimants, submits that the deceased was earning Rs.25,000/per month by working as a delivery boy and by maintaining an iron shop. It is submitted that the compensation awarded by the Tribunal is on the lower side. It is further submitted that the accident occurred due to the sole negligence of the driver of the bus.

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Sri F.S. Dabali, learned counsel appearing for the

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Corporation, submits that the accident occurred due to the

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HC-KAR

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contributory negligence of the deceased. It is submitted that the accident occurred while the deceased was overtaking the bus in a negligent manner. Learned counsel further submits that the addition of future prospects at 50% is on the higher side and, since the deceased was not in permanent employment, considering the age of the deceased, the addition ought to be 40%.

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We have considered the submissions made by the learned counsel for the parties and perused the appeal papers. Certified copies of the documents have been made available by the learned counsel for the claimants, which we have gone through in the absence of the Trial Court records.

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Insofar as the contention of the claimants that the income of the deceased is to be assessed at Rs.25,000/- per month, the same is not sustainable. The claimants have not placed any evidence to establish that the deceased was earning Rs.25,000/- per month. In the absence of such evidence, the notional income has to be considered. Further, the avocation of the deceased is not established and the monthly income has been assessed on a notional basis.

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HC-KAR

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The accident is of the year 2023. As per the chart

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prepared by the Karnataka State Legal Services Authority, the notional income is to be considered at Rs.16,000/- per month. The Tribunal is justified in assessing the monthly income at Rs.16,000/-. The age of the deceased is not in dispute.

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Since the deceased was not in permanent employment, the addition towards future prospects should be 40%. The Tribunal committed an error in adding 50% towards future prospects, which we modify to 40%. The compensation awarded under other heads is in accordance with law and we find no error warranting interference. Accordingly, the claimants would be entitled to the following modified compensation under the head of loss of dependency:

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Rs.(16000+40%)X12X16X3/4= Rs.32,25,600/-.

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Insofar as the contention urged by the Corporation that the accident occurred due to the contributory negligence of

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the deceased, the Tribunal has placed reliance on Ex.P5 – the spot sketch. According to Ex.P5, the bus had moved towards

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HC-KAR

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the right side of the road, resulting in the accident. Ex.P5 also corroborates the testimony of RW1, the driver of the bus.

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As per the evidence of RW1, the driver of the bus, the accident occurred when the deceased attempted to overtake the bus from the right side, and the handle of the scooter came into contact with the centre portion of the bus. Consequently, the deceased fell on the road, sustained injuries, and succumbed to the same.

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On a conjoint reading of Ex.P5 and the testimony of

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RW1, it is clear that the accident occurred due to the sole negligence of the driver of the bus. As per the sketch, the width of the road was sufficient to enable the deceased to overtake the bus. Merely because the accident occurred while the twowheeler was overtaking the bus, it cannot be held that the accident was due to the negligence of the rider of the twowheeler.

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The finding of the Tribunal holding that the accident occurred due to the negligence of the bus driver is based on the

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HC-KAR

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evidence on record. We find no error warranting interference with the finding recorded by the Tribunal

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Thus, the claimants would be entitled to the

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following modified compensation:

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Sl.No.	PARTICULARS	AMOUNT
1.	Loss of dependency Rs.	32,25,600/-
2.	Loss of consortium (Rs.44,000 each) Rs.	1,76,000/-
3.	Loss of estate Rs.	16,500/-
4.	Funeral expenses Rs.	16,500/-
	TOTAL Rs.	34,34,600/-

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Thus, the claimants would be entitled to a total compensation of Rs.34,34,600/- as against Rs.36,40,000/awarded by the Tribunal, with interest at the rate of 6% per annum from the date of the petition till the date of realization.

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