1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 3^RD DAY OF SEPTEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

M.F.A. NO. 1139 OF 2014 (MV)

C/W

M.F.A. NO.4096 OF 2014 (MV)

IN M.F.A. NO. 1139 OF 2014 (MV):

BETWEEN:

BANGALORE METROPOLITAN

TRANASPORT CORPORATION,

CENTRAL OFFICE, K.H. ROAD,

SHANTHINAGAR,

BANGALORE. 560027

BY ITS MANAGING DIRECTOR.

... APPELLANT

(BY SRI. D VIJAYAKUMAR, ADVOCATE)

AND

1.

SRI. TIRUPATHI,

S/O LATE RAJUGOWDA,

AGED ABOUT 71 YEARS.

2.

SMT. GOVINDAMMA,

W/O TIRUPATI,

AGED ABOUT 61 YEARS,

3. SRI. RAJU,

S/O TIRUPATI,

AGED ABOUT 29 YEARS,

PAPAIAH GAU

ALL ARE RESIDING AT

PAPAIAH GARDEN (P.P.GARDEN),

2

MANJUNATHA COLONY,

BSK 3RD STAGE,

BANGALORE-560 085.

... RESPONDENTS

(BY SMT. VANISHREE.J, ADVOCATE)

THIS MFA IS FILED U/S 173(1) OF MV ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED:07.12.2013 PASSED IN MVC NO.1146/2013 ON

THE FILE OF THE XXIV ADDITIONAL SMALL CAUSE

JUDGE, & XXII ACMM, MACT, BENGALURU, AWARDING

COMPENSATION OF Rs.7,08,000/- WITH INTEREST @ 6%

P.A. FROM THE DATE OF PETITION TILL DEPOSIT IN

TRIBUNAL.

IN M.F.A. NO.4096 OF 2014 (MV):

BETWEEN:

1. SRI. TIRUPATHI,

S/O LATE RAJUGOWDA,

AGED ABOUT 71 YEARS.

2. SMT. GOVINDAMMA,

W/O TIRUPATI,

AGED ABOUT 61 YEARS,

3. SRI. RAJU,

S/O TIRUPATI,

AGED ABOUT 29 YEARS,

PAPAIAH GAU

ALL ARE RESIDING AT

PAPAIAH GARDEN (P.P.GARDEN),

MANJUNATHA COLONY,

BSK 3RD STAGE,

BANGALORE-560 085.

... APPELLANTS

(BY SMT. VANISHREE.J, ADVOCATE)

AND

3

THE MANAGING DIRECTOR,

B.M.T.C., ACCIDENT UNIT,

SHANTHINAGARA, K H ROAD,

BANGALORE-27.

... RESPONDENT

(BY SRI. D VIJAYAKUMAR, ADVOCATE)

THIS MFA IS FILED U/S 173(1) OF MV ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED:7.12.2013 PASSED IN MVC NO.1146/2013 ON

THE FILE OF THE XXIV ADDL.SMALL CAUSES JUDGE &

XXII A.C.M.M., BENGALURU, PARTLY ALLOWING THE

CLAIM PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

THESE APPEALS COMING ON FOR ADMISSION

THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

J U D G M E N T

This appeal by the BMTC-Management of the

offending vehicle challenges the judgment and award dated

07.12.2013

made

by

MACT,

Bengaluru,

allowing

M.V.C.No.1139/2013

whereby,

a

compensation

of

Rs.7,08,000/- with interest at the rate of 6 % per annum,

subject to usual condition of bank deposit has been

awarded. The challenge is on the ground of award of

excessive compensation.

2.

In a vehicular accident, that happened on

20.01.2013, because of rash and negligent driving of a

road train bearing Registration No.KA-01-F-2493 belonging

4

to the appellant herein, one Mr.T. Madesha, who was

riding his motorbike bearing Registration No.KA-02-ED-

457 fell to the ground and thereafter, his head was run

over by offending vehicle. Consequently, the victim

breathed

his

last.

In

the

claim

petition

in

M.V.C.No.1146/2013 filed by the unfortunate parents and

the elder brother of the deceased, the appellant herein had

filed the Written Statement specifically taking up the

ground of contributory negligence.

3.

To prove their claim, the Claimant No.3-the

elder brother of deceased Mr. Raju got examined himself as

PW.1 and in his evidence, ten documents came to be

marked as per Exhibits P1 to P10, which inter alia

comprised of Police Papers, IMV Report, Post Mortem

Report, Ration Card, Election Identity Card. From the side

of the owner of the offending vehicle, one Mr.Vishwanath

Kamble, the driver of the said vechicle, was examined as

RW.1

and

a

judgment

of

the

Criminal

Court in

C.C.No.495/2013 came to be marked as Exhibit R.1,

wherein, RW.1 was acquitted of the charge of rash and

negligent driving resulting into death.

5

4.

The MACT, after adverting to the rival pleadings

of the parties and after appreciating the evidentiary

material on record, has entered the impugned judgment

and award.

5.

The learned counsel for the Management