Bengaluru Metropolitan Transport ... vs Anitha K
2024 Latest Caselaw 22821 Kant

Karnataka High Court

Bengaluru Metropolitan Transport ... vs Anitha K on 9 September, 2024

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                                                             NC: 2024:KHC:36691
                                                           MFA No. 669 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF SEPTEMBER, 2024

                                              BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 669 OF 2022 (MV-I)
                      BETWEEN:

                      BENGALURU METROPOLITAN TRANSPORT
                      CORPORATION (BMTC)
                      MANAGING DIRECTOR,
                      CENTRAL ACCIDENT BRANCH,
                      SHANTHINAGAR,
                      BENGLAURU-560 027.
                      THE MANAGING DIRECTOR,
                      HOSKOTE BRANCH, HOSKOTE TOWN,
                      DEPOT 39, BENGALURU-562 114.
                      REP BY ITS MANAGING DIRECTOR,
                      B.M.T.C. DEPOT, BANGALORE CENTRL OFFICE,
                      K.H.ROAD, SHANTHINAGAR,
                      BENGALURU-560 027.
                                                                   ...APPELLANT
                      (BY SRI. D. VIJAYAKUMAR, ADVOCATE)
Digitally signed by
AASEEFA               AND:
PARVEEN
Location: HIGH
COURT OF              ANITHA K.,
KARNATAKA
                      D/O. KRISHNAMURTHY
                      AGED ABOUT 24 YEARS,
                      R/AT JYOTHINAGAR,
                      3RD CROSS, VIRGONAGAR POST,
                      BENGALURU-560 049.
                                                                 ...RESPONDENT
                      (BY SMT. ANURADHA URS M D.,ADVOCATE)

                          THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
                      JUDGMENT   AND    AWARD    DT.17.09.2021   PASSED   IN
                      MVC NO.6031/2017 ON THE FILE OF THE I ADDITIONAL SMALL
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                                             NC: 2024:KHC:36691
                                            MFA No. 669 of 2022




CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11),
AWARDING     COMPENSATION   OF   RS.11,90,536/- WITH
INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION
TILL REALIZATION.

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


CORAM:     HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA


                       ORAL JUDGMENT

Heard Sri.D.Vijaya Kumar, learned counsel for the

appellant as well as Smt.Anuradha Urs.M.D, learned

counsel who represents the respondent/claimant.

2. Challenge in this appeal is the order that is

rendered by the Motor Accidents Claims Tribunal,

Bengaluru in MVC No.6031/2017 dated 17.09.2021.

3. Learned counsel Sri.D.Vijaya Kumar submits

that the appeal is filed challenging the exorbitant amount

that is awarded as compensation by the Tribunal for the

alleged injury sustained by a girl aged about 15 years by

the date of accident. Learned counsel contends that the

Tribunal awarded a sum of Rs.7,12,800/- towards loss of

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future earnings that too for a girl aged about 15 years and

a school going one which is unjustifiable. Learned counsel

submits that the amount awarded as compensation under

all other heads is also exorbitant.

4. Smt.Anuradha Urs.M.D, learned counsel for the

respondent submits that the condition of the

respondent/claimant is pathetic and she is still bedridden.

Learned counsel states that however, as the appeal is

pending since long time, the Court may reduce the

compensation to certain extent and pass appropriate

orders.

5. It is not in dispute that the respondent/claimant

sustained grievous injuries due to the accident and took

treatment as inpatient. The fact that the

respondent/claimant sustained traumatic brain injury and

underwent surgery is borne by record. However,

considering the absence of substantive proof with regard

to the alleged loss of future earnings to the extent of 30%,

this Court is of the view that the compensation awarded is

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liable to be reduced as prayed for. In light of consensus

between Sri.D.Vijaya Kumar, learned counsel for the

appellant and Smt.Anuradha Urs.M.D, learned counsel for

the respondent that the justifiable sum which can be

awarded as compensation is Rs.9,00,000/-, the appeal is

disposed of with the following:

ORDER

(i) The appeal is allowed in part.

     (ii)    The compensation that is awarded by the
             Motor      Accidents         Claims    Tribunal,
             Bengaluru     through        orders   in    MVC
             No.6031/2017         dated     17.09.2021     is
             reduced       from      Rs.11,90,536/-        to
             Rs.9,00,000/-.

(iii) The sum awarded shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit.

(iv) The appellant is directed to deposit the entire sum within a period of 8(eight) weeks from the date of receipt of copy of this order.

NC: 2024:KHC:36691

(v) The award of the Tribunal in all other aspects holds good.

(vi) The amount if any in deposit be transmitted along with the concerned records to the Tribunal immediately.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:TSM