HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 4910 OF 2023 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 1232 OF 2023 (MV-D)

IN MFA No. 4910/2023 BETWEEN:

1. SRI PADMARAJU S.L.

S/O LATE LAKKAPPA AGED ABOUT 46 YEARS

2. KUM. NAVYA P D/O PADMARAJU S.L Di gitally signed AGED ABOUT 16 YEARS by MADHUSHREE H 3. KUM. HARSHITHA P Location: High D/O PADMARAJU S.L Court of Karnataka AGED ABOUT 14 YEARS

4. KUM. NISARGA P D/O PADMARAJU S.L AGED ABOUT 12 YEARS THE APPELLANT NOS. 2 TO 4 ARE MINOR REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN THE APPELLANT NO.1 HC-KAR ALL ARE RESIDING AT NO. 65, III STGE III BLOCK, BASAVESHWARANAGAR BANGALORE - 560079.

…APPELLANTS (BY SRI. K V SHYAMAPRASADA.,ADVOCATE)

AND:

MANAGING DIRECTOR B.M.T.C.

B.M.T.C., K.H.ROAD SHANTHINAGAR BANGALORE - 560 027.

…RESPONDENT (BY SRI.D. VIJAYAKUMAR., ADVOCATE)

THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 PRAYING TO AGAINST THE JUDGMENT AND AWARD DATED 01.12.2022 PASSED IN MVC NO.628/2022 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-5, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO. 1232/2023 BETWEEN:

1. THE MANAGING DIRECTOR B.M.T.C., K.H. ROAD, SHANTHINAGAR, BENGALURU-560 027.

...APPELLANT (BY SRI. D VIJAYAKUMAR.,ADVOCATE)

AND:

HC-KAR

1. SRI. PADMARAJU. S. L.

S/O. LATE LAKKAPPA, AGED ABOUT 45 YEARS, 2. KUM. NAVYA. P D/O. PADMARAJU. S. L., AGED ABOUT 15 YEARS, 3. KUM. HARSHITHA. P D/O. PADMARAJU. S. L., AGED ABOUT 13 YEARS, 4. KUM. NISARGA. P D/O. PADMARAJU. S. L., AGED ABOUT 11 YEARS, SINCE THE RESPONDENTS NO.2 TO 4 ARE MINORS, REP BY THEIR FATHER AND NATURAL GUARDIAN, SRI. PADAMRAJU S. L., RESPONDENT NO.1 ALL ARE R/AT NO. 65, III STAGE, III BLOCK, BASAVESHWARANAGAR, BENGALURU-560 079.

...RESPONDENTS (BY SRI. K V SHYAMAPRASADA.,ADVOCATE R2-R4 ARE MINORS REP BY R1)

THIS MFA IS FILED U/S 173(1) OF MV ACT 1989 AGAINST THE JUDGMENT AND AWARD DATED 01.12.2022 PASSED IN MVC NO.628/2022 ON THE FILE HC-KAR OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-5, AWARDING COMPENSATION OF RS.33,19,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) These cross appeals are against the Judgment and Award dated 01.12.2022 in MVC No.628/2022 on the file of the VIII Additional Small Causes Judge and Additional Chief Metropolitan Magistrate and the Motor Accident Claims Tribunal [SCCH-5], Bengaluru [for short, 'the Tribunal']. The Tribunal by this impugned Judgment and Award has allowed the claim petition in MVC No.628/2022 in part granting HC-KAR to the claimants a total sum of Rs.33,19,000/- with interest at the rate of 6% per annum.

2. The claimants are the husband and three minor children of the deceased, Ms. Hemamala. The Tribunal has computed compensation as aforesaid under the following heads while providing for deduction towards interim compensation of Rs.25,000/- paid by M/s. Bangalore Metropolitan Transport Corporation [BMTC].

The claimants and the BMTC, for reasons of convenience, are referred to as the Claimants and 'the Transport Corporation'. The claimants' appeal for HC-KAR enhancement is in MFA No.4910/2023, and the Transport Corporation's appeal is in MFA No.1232/2023.

3. Ms. Hemamala, who was aged about 33 years, has met with the fatal accident on 20.11.2021 at about 9.15 am while she was under the elevated metro station at Srirampura, Bengaluru. Ms.Hemamala has succumbed to the injuries on the same day but at 3.45 p.m. There is no dispute about these aspects or that the claimants have not established that the deceased's vocation though they have asserted that she was working as a Tele