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2025 Supreme(Kar) 1958

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Manager B.M.T.C. Rep. by its Managing Director – Appellant
Versus
Bhagyamma W/o Late Lakkanna – Respondent


Advocates Appeared:
For the Appellant : D. Vijayakumar
For the Respondent: Bopanna B.

JUDGMENT :

UMESH M. ADIGA, J.

1. These appeals arise out of judgment and award dated 7th January 2022, passed by the XVI Addl. Judge, Court of Small Causes & M.A.C.T. Bengaluru (SCCH-14), (for short `Tribunal'), in MVC.No.1496/2016.

2. MFA.No.4798/2022 is filed by BMTC - owner of the bus (for short `Corporation') and MFA.No.823/2023 is filed by the claimants for enhancement of the compensation.

3. Both these appeals arise out of common judgment, therefore, they are taken up together for disposal.

4. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

5. The brief facts of the case are that, on 22.01.2016, at about 3.00 p.m., the deceased Lakkanna and his friend Srinivas were going on a motorcycle bearing registration No.KA-52-J-6275, from Nelamangala towards Tavarekere. The deceased Lakkanna was the rider and Srinivas was the pillion rider. In front of Sondekoppa school, Dasanapura Hobli, both the riders of the motorcycle met with an accident due to rash and negligent driving of the bus belonging to the Corporation bearing registration No.KA-01-FA-1884. As a result, both the riders of the motorcycle sustained grievous injuries. While undergo

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