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NC: 2026:KHC:16773 MFA No. 4078 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 4078 OF 2025 (MV-I)

BETWEEN:

1. THE MANAGING DIRECTOR B.M.T.C. DIVISION, SHANTHINAGAR, K.H. ROAD, BENGALURU -560027.

(RC OWNER OF BMTC BUS NO. KA-42-F-1696) NOW THROUGH CHIEF LAW OFFICER B.M.T.C,

BANGALORE …APPELLANT

(BY SRI. NAGARAJA K.,ADVOCATE)

AND:

1. SHRI. NAGARAJA. M S/O. MUNIYAPPA, AGED ABOUT 36 YEARS

R/AT NO.17, KARIYAPPANA PALYA, CHIKKANAHALLI POST, BENGALURU - 562130.

…RESPONDENT Digitally signed RESPONDENT SERVED by

PADMASH REE MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE SHEKHAR JUDGMENT AND AWARD DT.01.04.2025 PASSED IN MVC DESAI

NO.6889/2023 ON THE FILE OF THE XXI ADDITIONAL SMALL Location: High CAUSE JUDGE AND MACT, BENGALURU, (SCCH-23), Court of

AWARDING COMPENSATION OF RS.7,41,700/- WITH Karnataka INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF CLAIM PETITION

TILL REALIZATION.IN TIME.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

Appellant counsel present. In spite of service of notice,

the respondent/claimant did not turn up and has remained

exparte.

2. Heard the arguments of the appellant's counsel.

3. This appeal is filed by appellant-BMTC against the

award of the Tribunal in MVC No.6889/2023 dated

01.04.2025.

4. The petitioner-claimant met with an accident on

11.09.2023 and filed claim petition, claiming compensation of ₹18,00,000/-. The Tribunal considered the entire evidence on record and granted compensation of ₹7,41,700/- with interest at the rate of 6% per annum

from date of petition till realisation.

5. Aggrieved by the said order, BMTC has preferred this

appeal and mainly contenting that, as the driver of the BMTC bus has been examined wherein he has clearly

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stated that he was driving the bus on the left side of the road and near Karekkallu Tandya, while taking a turn at a curve, the rider of the motorcycle came from opposite direction in a rash and negligent manner and dashed the bus on the front side right corner and thus, there is no negligence on the part of the driver of the BMTC bus. However, merely because charge sheet is filed against the driver of the BMTC bus and as the BMTC has not challenged the charge sheet filed against its driver, the Tribunal fixed the liability against the BMTC. It is further contended by the BMTC that, while proceeding on the curved road, the road users are expected to take much more care and caution. Claimant has not taken any care while proceeding on the curved road and thereby

contributed for the accident.

6. Learned counsel for the appellant/BMTC further

contended that the Tribunal has taken the income of the claimant as ₹16,000/- per month, which is on higher side and granted compensation for the laid up period of 4

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months and it is also excessive. The amounts granted under the other heads are also excessive. Therefore, requested for reduction of the compensation. It is further stated that PW.3 doctor assessed the disability as 42% to the lower limb without following the guidelines and the Tribunal taking the disability of the claimant as 12% also is on higher side and thus requested for reduction of the

compensation amount.

7. Considered the submissions of the learned counsel

for the appellant-BMTC and perused the records.

8. The manner of accident shows that, while the

petitioner/claimant was riding the motorcycle bearing Regn.No.KA.41 EK.9798 and reached Karekkallu Tanda, the BMTC bus bearing Regn.No.KA-42-F-1696 came in a rash and negligent manner and dashed the petitioner's motorcycle. It is stated that the petitioner was working as a teacher in a private school and