IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 657 OF 2024 (MV-D)

BETWEEN:

THE MANAGING DIRECTOR NO 85, K.H. ROAD, N.G.O. COLONY, SUDHAMANAGAR, BENGALURU-560027 (INTERNAL INSURER OF BMTC BUS NO KA-01-F-4714)

REP. BY ITS MANAGING DIRECTOR, B.M.T.C. K.H. ROAD, SHANTHINAGAR, BENGALURU-560 027.

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

AND:

1. SMT A G GIRIJA Digitally signed by W/O M.N. SRINIVASACHARI, PADMASHREE SHEKHAR DESAI AGED ABOUT 45 YEARS, Location: Hig h Court of Karnataka

2. SRI ROHIT KUMAR S S/O M.N. SRINIVASACHARI, AGED ABOUT 25 YEARS, 3. SRI S V NEELACHARI S/O M.N. SRINIVASACHARI, AGED ABOUT 78 YEARS, 4. SMT SHARADAMMA W/O S B NEELACHARI, AGED ABOUT 65 YEARS, RESPONDENT NO.1 TO 4 ARE R/AT NO 346, EWS, 2nd STAGE, HANUMANTHANAGAR, BANNIMANTAPA, MYSURU-570 015. 5. SRI ROHAN S S/O M.N. SRINIVASACHARI, AGED ABOUT 23 YEARS, R/AT NO 663, AA BLOCK

1ST STAGE, HUDCO, BANNIMANTAPA, MYSURU-570 015.

…RESPONDENTS (BY SRI. SYED ABDUL SABOOR., ADVOCATE FOR R1 TO R5)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.08.2023 PASSED IN MVC NO.873/2022 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE MACT, MYSURU, AWARDING COMPENSATION OF RS.23,74,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 07.08.2023 passed in MVC No.873/2022 on the file of the Principal Small Causes and Senior Civil Judge MACT, Mysuru, for enhancing the compensation.

2. Heard the arguments of the learned counsel for the appellants and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience.

3. The claimants filed petitioner before the Tribunal seeking compensation of Rs.41,00,000/- together with costs and interest at the rate of 18% per annum from the date of petition till realization, on account of death of Sri.M.N.Srinivasachari in road traffic accident. The Tribunal after considering the entire evidence on record granted an amount of Rs.23,74,000/-. The petitioner No.1 is the wife and petitioners No.2 and 5 are the children and petitioners No.3 and 4 are the parents of deceased M.N.Srinivasachari. The Tribunal considering the entire evidence on record, granted an amount of Rs.23,74,000/- with interest rate of 6% per annum from date of petition till deposit. The Tribunal also apportioned the negligence of M.N.Srinivasachari as 10% and that of the driver of the bus as 90%.

4. On 11.05.2022 at about 7.30 a.m., deceased M.N.Srinivasachari was riding his motor cycle bearing reg.No.KA55-V-7183 at a moderate speed by following traffic rules and when he came near Marigold School at B.M.Road at Kengeri Hobli, Chellegatta cross, the driver of B.M.T.C., bus bearing reg.No.KA-01 F-4714 drove the same at a high speed in a rash and negligent manner and dashed the Motor Cycle driven by the deceased consequent to which M.N.Srinivasachari succumbed to the injuries at spot.

5. Aggrieved by the said order, Insurance Company preferred appeal and mainly contended that on 11.05.2022, at about 7.30 a.m, while driver of the BMTC bus bearing Reg.No.number KA-01-F-4714 was driving the bus slowly, cautiously, on the left side of the Bangalore Mysore road which was under construction both for widening of the national highway and for metro rail construction and it was a rainy season. There were number of potholes and they were filled with muddy rain water and the road was in very bad condition. The rider of the motorcycle came from behind with high speed in a rash and negligent manner while overtaking the bus from the left side, without wearing helmet, lost control over the motorcycle. His bike touched the mi