Bangalore District Court
Hariprasad vs B.M.T.C on 18 October, 2025
KABC0B0003582025
BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL
& Vth ADDL. SMALL CAUSES JUDGE Court of Small
Causes, Mayo Hall Unit Bangalore (SCCH-20)
Present : Sri. P. Shivaraj,
B.Com. LL.B.
Vth Addl. Small Causes Judge,
& XXIV A.C.J.M.
Dated this the 18th day of October 2025
MVC No.1698/2025
Petitioner: 1.Sri.Hariprasad, 32 years
S/o Shivanna
R/at Dasharatha Purada Hatti,
Samige Hosahalli post,
Dandina shivara Hobli,
Turuvekere Taluk, Tumkur-572225
(By Sri.BYR, Advocate)
/Vs/
Respondent: The Managing Director,
BMTC, KH Road,
Shanthinagar, Bangalore - 560027
(owner of the Bus bearing Reg No.KA-
57-F-2925)
(By Sri.AA, advocate)
Digitally signed by
SHIVARAJ SHIVARAJ PALLEDA
PALLEDA Date: 2025.10.18
16:51:12 +0530
(P. SHIVARAJ)
Vth Addl. S.C.Judge & XXIV A.C.J.M.
SCCH-20, Mayohall Unit, Bangalore
JUDGMENT
+ Petitioner has filed the petition U/sec.166 of Motor Vehicle Act, 1988, claiming compensation amount of Rs.10,00,000/- with interest from the respondent.
2 MVC No.1698/20252. Petitioners case is as Follows:
That on 04.02.2025 at about 8.00 pm, he was riding motorcycle bearing Reg No.KA-06-HN-8062, in ITI gate service road, wherein the driver of the BMTC Bus beg. Reg.No.KA-57-F-2925 drove it with high speed, rash and negligent manner and dashed against the two wheeler from its backside and caused the accident. In the said accident petitioner sustained grievous injuries. Petitioner was shifted to Bowring & Lady Curzon Hospital, Bengaluru, wherein he took treatment as inpatient for the accidental injuries and he has spent Rs.50,000/- towards his medical expenses.
He stated that due to the accidental injuries, he is unable to perform his work as earlier. Prior to the accident the he was hale and healthy and he is aged about 32 years and he is working as sales executive at GRB Masala Pvt Ltd., and he was earning Rs.30,000/- per month. Further petitioner stated that the accident occurred due to the rash and negligent act of the driver of the offending vehicle which belongs to respondent and the jurisdictional police have registered Cr.No.59/2025 against the driver of the offending BMTC bus, as such respondent is liable to pay the compensation. He prays this tribunal to award the compensation amount by allowing the petition.
3. After filing of the petition, notice served to the respondent, he appeared through their/its counsel and 3 MVC No.1698/2025 filed vakalath, written statement by denying the entire version of the petitioner in toto. Respondent specifically denied the age, income and profession of the petitioner and contended that the alleged incident had occurred due to the negligent act of the petitioner and prays this Tribunal to dismiss the petition.
4. Petitioner examined himself as PW-1 and examined the orthopedic surgeon as PW.2 and got marked 15 documents, which are at Ex.P.1 to 15 and they are fully cross examined. Respondent examined the driver of the offending vehicle as RW-1, he is fully cross examined.
5. I have heard the arguments for the counsels appearing for both the sides. I have perused the same along with entire records.
6. On the basis of pleadings, I have framed the following:
ISSUES
1) Whether the petitioner proves that on 04.02.2025 at about 8.00 pm, he was riding motorcycle bearing Reg No.KA-06-
HN-8062, in ITI gate service road, wherein the driver of the BMTC Bus beg. Reg.No.KA-57-F-2925 drove it with high speed, rash and negligent manner and dashed against the two wheeler and caused the accident. In the said accident petitioner sustained grievous injuries as alleged in the petition.?
4 MVC No.1698/20252) Whether respondent proves that accident occurred due to the negligent act of the petitioner as contended in the written statement.?
3) Whether the Petitioner is entitled for the compensation? if so, what is the quantum and from whom?
4) What order or award?
7. After carefully going through the evidence placed on record and taking into consideration of facts and attending circumstances of the case, my findings to the above issues are as follows;
Issue no.1: In the Affirmative, Issue no.2: In the Negative, Issue no.3: In partly affirmative, Issue No.4: As per final order for the following:
REASONS
8. Issue No.1 to 3 :- I have taken these issues together for common discussion so as to avoid the repetition of facts and reasoning.
PW-1 being the petitioner, he reiterated the petition averments in his examination-in-chief affidavit. Petitioner has tender the police records, that is C/copy of FIR, complaint, intimation, mahazar, sketch, IMV report, wound certificate & final report, which are at Ex.P.1 to 8.
9. On careful perusal of the aforesaid undisputed documents it is evident that one Mariningaiah.K.M S/o Madegowda was the driver of the offending BMTC bus and the accident took place due to his rash and negligent 5 MVC No.1698/2025 act. Further Ex.P.7 is the wound certificate, Ex.P9 is the discharge summary, it reveals that the petitioner has sustained the grievous injuries right clavicle fracture and he has taken treatment as an inpatient for 9 days in the Bowring & Lady Curzon Hospital, Bengaluru and he was discharged on 13.02.2025. PW-2 deposed that additional surgery is required for the petitioner for the removal of inplants and he has not tendered the estimated cost of the surgery. Accordingly petitioner may require Rs.20,000/- tentatively for the additional surgery.
10. In the cross examination of the PW-1 he clearly denied the suggestion that accident occurred due to his negligent act. He deposed that the driver of the BMTC bus dashed against the two wheeler while overtaking another vehicle and there was no person to take care of him in the hospital hence complaint was not given as on the date of the accident. Evidently the alleged negligent act of the driver of the two wheeler is neither pleaded nor suggested to PW-1. In the cross examination of RW-1, he admitted that accident occurred as the hind portion of the bus dashed the handle of the two wheeler of the petitioner and final report is filed against him as per Ex.P.8.
11. The aforesaid fact falsifies the entire contention of the respondent and fortifies the petitioner allegations. Accordingly respondent version cannot be accepted. Respondent has not challenged the final report which is at Ex.P.8 and it is filed after through investigation and it 6 MVC No.1698/2025 cannot be ignored as it has reached the finalty. Inasmuch respondent version cannot accepted without any tantamount evidence.
12. Pecuniary damages (Medical expenses) Expenses relating to treatment, hospitalization, Medicines, Transportation, Nourishing food and miscellaneous expenditure:
Petitioner has tender the wound certificate, discharge summary which are Ex.P7, 9, the entry there in reveals that the petitioner has sustained grievous injuries that is right hand sholder clavicle fracture and he has taken treatment as an inpatient for 9 days in the Hospital and he has spent Rs.12,403/- for medical expenses as per Ex.P.10. Further for attendant charges, transportation, nourishing food, he might have spend some amount. Therefore, in addition to the actual medical expenses, I award Rs.20,000/- and petitioner is entitled for Rs.32,403/-, compensation under this head.
Loss of income during laid up period.
13. The petitioner has not substantiated his nature of work and income as alleged in the petition. Accident took place in the year 2025, however as per notional income chart, the notional income for the year 2025 is Rs.17,000/-, and same is assessed and considered as his monthly income. Considering the accidental injuries and the treatment taken by the petitioner, I am of view that 7 MVC No.1698/2025 at-least 15 days, he has lost his income. Therefore I award Rs.8,500/- as compensation under this head.
Loss of future earnings on account of permanent disability.
17. The petitioner has examined the doctor B.N.Nagaraj as PW-2. He deposed that, fracture is united and petitioner has 10% of whole body disability as per Ex.P14. Learned advocate for the respondents argued that the assessment of PW-2 is on higher side. I have perused the evidence of PW-2 wound certificate, discharge summary given x-ray etc. Evidently petitioner has not examined the doctor who has treated him in the hospital. It is true that petitioner sustained the grievous injuries that is right hand shoulder clavicle fracture. Petitioner is having physical disability and not the functional disability. Considering the medical reports and oral testimony of doctor, the whole body disability of the petitioner is assessed as 8%.
The notional monthly income of the petitioner is assessed as Rs.17,000/-, the age of petitioner as on the date of accident is 32 years as per the entry in Aadhar card which is at Ex P.12. The multiplier applicable to this case is "16". Therefore loss of income on account of permanent disability is calculated as follows; Rs.17,000/-(Monthly income) X 12 (Months) X 16 8 MVC No.1698/2025 ( Multiplier) X8% ( Disability) = Rs.2,61,120/- Hence, the petitioner is entitle for Rs.2,61,120/- as compensation under this head.
Non-Pecuniary damages (General damages) (IV)Damages for pain and sufferings and loss of amenities:
18. It is undisputed fact that petitioner has sustained grievous injury. During the hospitalization and rehabilitation period, he might have undergone lot of pain and sufferings and due to accidental injuries he has forgone certain amenities available for him. There fore I award Rs.20,000/- under these conventional heads.
V) Loss of Amenities :-
19. The petitioner has to forego certain amenities available for him before accident. Therefore I award Rs.10,000/- as compensation under this head.
Petitioner is need of another for removal of implants and he has not tendered the estimate cost of the surgery. Tentatively, petitioner is entitled for Rs.25,000/- for additional surgery.
20. Except these heads the petitioner is not entitled for compensation under any other heads. In all the petitioner is entitled for compensation as follows:
9 MVC No.1698/2025Sl No. Particulars Amount 1 Towards medical expenses, attendant Rs. 32,403/-
charges, transportation, nourishing food 2 Loss of income during the laid up period Rs. 8,500/- 3 Loss of income on account of Rs.2,61,120/-
permanent disability 4 pain & sufferings Rs. 20,000/-
5 loss of amenities Rs. 10,000/-
6 Cost of additional surgery Rs. 25,000/-
TOTAL Rs.3,57,023/-
20. Rate of Interest: The Hon'ble Supreme Court of India, in Sarala Verma and others V/s Delhi Transport corporation reported in (2009) 6 SCC 121, wherein it is held that it is just and proper to award interest at the rate of 6% P.a. Accordingly I award the interest at the rate of 6% P.a. on the compensation amount.
21. Liability : As per the police records the accident took place due the sole rash and negligent driving of the offending vehicle which belongs to Respondent. It is not disputed that the respondent is the insurer of the said offending vehicle which caused the accident and the validity of the said policy is not disputed. Accordingly respondent is liable and has to pay the compensation amount with interest to the petitioner. Accordingly respondent is directed to pay the compensation amount along interest before this tribunal with in one month from the date of the Judgment. Accordingly I am answering 10 MVC No.1698/2025 issue no.1 in the affirmative, issue no.2 in the negative and issue no.3 in partly affirmative.
22. Issue No.4; For the foregoing reason and discussion, on point No.1, I proceed to pass the following:
ORDER The petition filed by the petitioner U/s.166 of Motor vehicle Act,1988, is partly allowed with cost.
Petitioner is entitled for the compensation amount of Rs.3,57,023/- with interest at the rate of 6% P.a. from the date of filing of the petition till its realization.
Respondent is directed to deposit the compensation amount with interest before this tribunal with in 30 days from the date of the judgment.
After depositing the compensation amount with interest, Cash Sheristedar is directed to release the entire amount to the petitioner by complying the mandate of circular No.39/2020 dt. 17.01.2020.
Advocate fee of Rs.1000/- is fixed. All the interim applications pending if any stands disposed of.
Draw award accordingly.
(Dictated to the Stenographer directly on computer then corrected by me and pronounced in open court on this the 18th day of October 2025) Digitally signed by SHIVARAJ SHIVARAJ PALLEDA PALLEDA Date: 2025.10.18 16:51:26 +0530 (P. SHIVARAJ) Vth Addl. S.C.Judge & XXIV A.C.J.M. SCCH-20, Mayohall Unit, Bangalore 11 MVC No.1698/2025 A N N E X U R E:
List of witnesses examined for Petitioners:
PW.1 : Sri.Hariprasad PW.2 : Dr.Nagaraj
List of documents marked for Petitioners: Ex.P1to4 :Copy of F.I.R, complaint, intimation, Mahazar Ex.P5 to 7 : Sketch, IMV report & wound certificate Ex.P8 : Final report Ex.P9 : Discharge summary Ex.P10 : Medical bills 8 in nos Ex.P11 : DL Ex.P12 : Notarized copy of Adhaar card Ex.P13 : IMV report Ex.P14 : Disability certificate Ex.P15 : X-ray List of Witnesses examined for Respondent:
RW.1 : Sri.Mariningaiah.K.M List of Documents marked for Respondent:
NIL SHIVARAJ Digitally signed by SHIVARAJ PALLEDA PALLEDA 16:51:34 +0530 Date: 2025.10.18 (P. SHIVARAJ) Vth Addl. S.C.Judge & XXIV A.C.J.M. SCCH-20, Mayohall Unit, Bangalore