Bangalore District Court
Punith Raj G S vs B.M.T.C on 13 February, 2026
1
M.V.C.No.6235/2024
SCCH - 7
KABC020001412025
IN THE COURT OF THE IX ADDL. SMALL CAUSES
JUDGE AND, ACJM, COURT OF SMALL CAUSES,
BENGALURU.
(SCCH-7),
Before: Sri. SHYAM PRAKASH
B.A.L, LLB.,
IX Addl. Small Causes Judge,
Court of Small Causes,
Member, MACT-7, Bengaluru.
Dated this the 13th day of February 2026
MVC. No.6235/2024
Petitioner: Punith Raj G.S.,
Aged about 26 years,
S/o Siddaraju.G.V
R/at Lakshmisagar Village,
Kasaba Hobli, Boovanahalli Post,
Hassan District.
(By Sri.Girimallaiah, Advocate)
-VERSUS -
Respondents: 1. The Managing Director,
BMTC, K.H. Road,
Shanthinagar, Bengaluru - 560 027.
2
M.V.C.No.6235/2024
SCCH - 7
(R.C. Owner-cum-Insurer of BMTC
Bus bearing registration No.KA-01-F-
8944)
(By Sri.M.N. Krishna, Advocate)
2. ICICI Lombard General Insurance
Company Ltd., No.121, 'The Estate'
9th Floor, Dickenson Road, M.G.
Road, Bengaluru - 560 042.
(Insurer of Motor Cycle bearing
registration No.KA-51-EJ-5913)
(By Sri. S.N. Ramaswamy,
Advocate)
3. V. Balasubramanyam, Major,
S/o Venkataramanappa,
No.86/1, D.No.2, Ground Floor, 1st
Main, 1st Cross, Yallappa Reddy
Layout, Arakere,
Bengaluru - 560 076.
(R.C. Owner of Motor Cycle bearing
registration No.KA-51-EJ-5913)
(Exparte)
:JUDGMENT:
1. The petitioner filed this petition under Section 166 of Motor Vehicles Act 1989, seeking compensation of 3 M.V.C.No.6235/2024 SCCH - 7 Rs.80,00,000/- for the injures sustained by him in the road traffic accident occurred on 11.07.2024.
2. It is the case of the petitioner that, on 11.07.2024 at about 12.00 p.m., within the jurisdiction of Bannerghatta Police Station, in front of Parijatha Women and Children Hospital, Bannerghatta - Jigani Main road, Jogani Hobli, Anekal Taluk, Bengaluru District, when the rider/Rupesh of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 riding the same with Petitioner as a pillion rider, at that time the Accused/driver of the offending BMTC Bus bearing reg. No. KA-01-F- 8944 drove the same from Bannergatta towards Jigani in a high speed, rash and negligent manner so as to endangering human life and dashed against the hind portion of the unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP-2653, as a result, the said scooter and the rider were strucked below the Bus and thereafter the said Bus run over the same and suddenly taken left turn as a result the said offending Bus dashed against the hind portion of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 as a result the rider and pillion rider/Petitioner of the said Motor Cycle fall on 4 M.V.C.No.6235/2024 SCCH - 7 the road and strucked below the Bus and the said Bus run over the same and infront of Parijatha Women and Children Hospital dashed against the parked unoffending Motor Cycle bearing Reg. No.KA- 51-HS-2140, unoffending TATA Ace Goods vehicle bearing Reg. No.KA-03-D-1056 and unoffending Thar Jeep bearing Reg. No.KA-01-MY-6363 and finally dashed against the street light pole, as a result those all unoffending vehicles and street light pole were damaged and the rider/K.V. Prasad Rao @ Karakavalasa Vara Prasad Rao of the unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP- 2653 sustained grievous injuries and died and the rider and pillion rider/Petitioner rider of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 have sustained grievous bleeding injuries. Thereafter injured Petitioner was shifted to Vijayashree Hospital and for higher treatment he was shifted to Sanjay Gandhi Hospital wherein he was treated as inpatient and he has spent amount towards medical expenditure and other incidental charges. In this regard Nagaraju/Informant has lodged complaint before the Bannerghatta police station. Accordingly, a case was registered in their Crime No.183/2024 and prepared F.I.R. for the 5 M.V.C.No.6235/2024 SCCH - 7 offence punishable under sections 281, 125(b), 324(4), 324(5) and 106(1) of BNS and submitted to the jurisdictional judicial Magistrate and the superior officers and investigation was taken up by the investigating Officer.
3. Further it is contended that, prior to the alleged accident the Petitioner was hale, healthy and he was aged about 26 years and he was working as Group 'D' employee in Sanjay Gandhi Hospital on daily wages in 1st shift and also working in Indira Gandhi Children's Hospital in the night Shift and totally he was getting salary of Rs.29,500/- p.m. Due to the injuries sustained in the alleged accident he lost his income and future prospective life, happiness, and earning capacity and become disabled and dependent. The alleged accident is occurred due to fault and negligence act of the driver of the offending B.M.T.C. Bus bearing Reg. No.KA-01-F-8944. Respondent No.1 is the RC owner of the offending BMTC Bus insurer, Respondent No.2 is the Insurer of the unoffending Motor Cycle bearing registration No.KA-51-EJ-5913 and Respondent No.3 is the RC owner of the unoffending Motor Cycle bearing registration No.KA-51-EJ-5913 as such the 6 M.V.C.No.6235/2024 SCCH - 7 respondents are jointly and severally liable to pay compensation to Petitioner. Hence Petitioner filed the present claim petition for seeking compensation.
4. In response to the notice, the Respondents No.1 and 2 are appeared through their counsels and filed their respective written statements and Respondent No.3 is placed exparte.
5. In the written statement the Respondent No.1 admitting that, the offending B.M.T.C. Bus bearing Reg. No.KA-01-F-8944 belongs to the respondent No.1 and denied the petition averments in part. Further it is contended that the alleged accident is occurred due to sole negligence and fault of the rider of the unoffending vehicles and no fault of the driver of the offending vehicle. As such they are not liable to pay any compensation and in order to get compensation the Petitioner has constrained to filed the present claim petition. Further it is denied that the age, income and occupation of the Petitioner and the petition is false and frivolous in the eye of law and the quantum of compensation claimed by the claimant is baseless, speculative, imaginary and exorbitant. Hence sought for dismissal of the claim petition.
7M.V.C.No.6235/2024 SCCH - 7
6. In the written statement of respondent No.2, Respondent No.2/Insurance Company has admitting that, the unoffending Motor Cycle bearing registration No.KA-51-EJ-5913 was duly insured with it and the same is valid on the date of the accident and denied the petition averments in part. Further it has contended that the insured vehicle is not involved in the accident. The alleged accident is occurred due to sole negligence and fault of the driver of the offending BMTC Bus and no fault of the rider of the unoffending vehicle. The insurer liability is subjected to validity of the DL and other documents as per the law. Further it is alleged that there is no compliance of provision under Section 134(C), 158(6) of M.V. Act. As such the insurance company is not liable to pay any compensation and in order to get compensation the Petitioner has constrained to filed the present claim petition. Further it is denied that the age, income and occupation of the Petitioner and the petition is false and frivolous in the eye of law and the quantum of compensation claimed by the claimants is exorbitant and reserves the right u/s.170 of M.V. Act., and violated terms and conditions of the insurance 8 M.V.C.No.6235/2024 SCCH - 7 policy. Hence sought for dismissal of the claim petition.
7. On the basis of above pleadings following Issues were framed.
:: I S S U E S ::
1. Whether the Petitioner proves that on 11-07-2024 at about 12-00 noon when he was standing by the side of parked Motor Cycle bearing registration No.KA-51-EJ-5913 opposite to Parijatha Children Hospital, Bannerghatta, Jigani Main Road and the rider of the said Motor Cycle stopped the vehicle and went to nearyby shop at that time, the driver of BMTC bearing registration No.KA-01-F-8944 came at high speed in a rash or negligent manner and dashed against the one Honda Activa bearing registration No.TN-38-AP-2653 and the driver of said Bus lost conrol over the Bus and dashed to the other four vehicles. As a result of forced impact, the Petitioner fell down and sustained grievous injuries?
2. Whether petitioner is entitled for compensation? If so, what is the quantum? from whom?
3. What order or award?9
M.V.C.No.6235/2024 SCCH - 7 RECASTED ISSUE NO.1
1. Whether the Petitioner proves that on 11.07.2024 at about 12.00 p.m., within the jurisdiction of Bannerghatta Police Station, in front of Parijatha Women and Children Hospital, Bannerghatta -
Jigani Main road, Jogani Hobli, Anekal Taluk, Bengaluru District, when the rider/Rupesh of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-
5913 riding the same with Petitioner as a pillion rider, at that time the Accused/driver of the offending BMTC Bus bearing reg.
No. KA-01-F-8944 drove the same from Bannergatta towards Jigani in a high speed, rash and negligent manner so as to endangering human life and dashed against the hind portion of the unoffending Honda Activa Scooter bearing Reg.
No.TN-38-AP-2653, as a result, the said scooter and the rider were strucked below the Bus and thereafter the said Bus run over the same and suddenly taken left turn as a result the said offending Bus dashed against the hind portion of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-
5913 as a result the rider and pillion rider/Petitioner of the said Motor Cycle fall on the road and strucked below the Bus and the 10 M.V.C.No.6235/2024 SCCH - 7 said Bus run over the same and infront of Parijatha Women and Children Hospital dashed against the parked unoffending Motor Cycle bearing Reg. No.KA-51-HS-2140, unoffending TATA Ace Goods vehicle bearing Reg. No.KA-03-D-
1056 and unoffending Thar Jeep bearing Reg. No.KA-01-MY-6363 and finally dashed against the street light pole, as a result those all unoffending vehicles and street light pole were damaged and the rider/K.V. Prasad Rao @ Karakavalasa Vara Prasad Rao of the unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP-
2653 sustained grievous injuries and died and the rider and pillion rider/Petitioner rider of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-
5913 have sustained grievous bleeding injuries?
8. In order to prove the case of petitioner, petitioner got examined himself as PW-1 and got marked Ex.P.1 to Ex.P.19, Petitioner got examined another witness by name Dr.Chidananda K.J.C., as PW-2 and got marked Ex.P.20 to Ex.P.24 and closed their side. The driver of the offending BMTC Bus got examined as RW-1 and got marked Ex.R.1 to Ex.R.6 and Manager, T.P. Legal of Insurance Company got 11 M.V.C.No.6235/2024 SCCH - 7 examined as RW-2 and got marked Ex.R.7 and Ex.R.8 and closed their side.
9. Heard the arguments of both side.
10. My findings to the above referred Issues are as under:
Recasted Issue No.1 :- In the affirmative Issue No.2 :- Partly in the affirmative Issue No.3 :- As per final order, for the following.......
:REASONS:
11. Recasted Issue No.1:- This petition is filed u/s.166 of M.V.Act 1989 for seeking compensation for the injuries sustained by the Petitioner in the alleged accident.
12. The petitioner in the petition has contended that, on 11.07.2024 at about 12.00 p.m., within the jurisdiction of Bannerghatta Police Station, in front of Parijatha Women and Children Hospital, Bannerghatta - Jigani Main road, Jogani Hobli, Anekal Taluk, Bengaluru District, when the rider/Rupesh of the unoffending Honda Shine Motor 12 M.V.C.No.6235/2024 SCCH - 7 Cycle bearing Reg. No.KA-51-EJ-5913 riding the same with Petitioner as a pillion rider, at that time the Accused/driver of the offending BMTC Bus bearing reg. No. KA-01-F-8944 drove the same from Bannergatta towards Jigani in a high speed, rash and negligent manner so as to endangering human life and dashed against the hind portion of the unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP-2653, as a result, the said scooter and the rider were strucked below the Bus and thereafter the said Bus run over the same and suddenly taken left turn as a result the said offending Bus dashed against the hind portion of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 as a result the rider and pillion rider/Petitioner of the said Motor Cycle fall on the road and strucked below the Bus and the said Bus run over the same and infront of Parijatha Women and Children Hospital dashed against the parked unoffending Motor Cycle bearing Reg. No.KA-51-HS-2140, unoffending TATA Ace Goods vehicle bearing Reg. No.KA-03-D-1056 and unoffending Thar Jeep bearing Reg. No.KA-01-MY-6363 and finally dashed against the street light pole, as a result those all unoffending vehicles and street light pole were 13 M.V.C.No.6235/2024 SCCH - 7 damaged and the rider/K.V. Prasad Rao @ Karakavalasa Vara Prasad Rao of the unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP- 2653 sustained grievous injuries and died and the rider and pillion rider/Petitioner rider of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 have sustained grievous bleeding injuries. It is contended that the alleged accident was occurred due to rash and negligent driving of the driver of the offending BMTC Bus. The version of the Respondent No.1 is that the alleged accident is occurred due to sole negligence and fault of the rider of the unoffending vehicles and no fault of the driver of the offending vehicle. As such they are not liable to pay any compensation and in order to get compensation the Petitioner has constrained to filed the present claim petition. Further it is denied that the age, income and occupation of the Petitioner and the petition is false and frivolous in the eye of law and the quantum of compensation claimed by the claimant is baseless, speculative, imaginary and exorbitant. Hence sought for dismissal of the claim petition. The Respondent No.2/Insurance Company admitted that unoffending vehicle was duly insured with it and its version is that, the unoffending 14 M.V.C.No.6235/2024 SCCH - 7 vehicle is not involved in the alleged accident. The alleged accident occurred due to sole negligence and fault of the driver of the BMTC Bus and no fault of the rider of the unoffending Motor Cycle. Further it is alleged that the rider of the unoffending vehicle is not possessing valid DL at the time of alleged accident. As such the insurance company is not liable to pay any compensation and in order to obtained compensation the Petitioner has constrained to filed the present claim petition. Further it is denied that the age, income and occupation of the Petitioner and the petition is false and frivolous in the eye of law and the quantum of compensation claimed by the claimant is exorbitant and sought for dismissal of the petition.
13. The burden to prove the framed issues lies on the Petitioner. Hence, in order to prove his case, the Petitioner himself examined as P.W.1 and he has reiterated the entire petition averments and contentions taken in the course of claim petition in his evidence before this Court and also produced as many as Exs.P.1 to P.19 documents. Therefore, there is no necessity to repeat those facts again. In support of the Petitioner's case and in order to 15 M.V.C.No.6235/2024 SCCH - 7 substantiate the oral evidence of P.W.1, the Petitioner has examined one witness by name Dr. Chidananda K.J.C., as PW.2. I have gone through the documents produced by the PW-1. Ex.P-1 is the copy of FIR, Ex.P-2 is the copy of complaint, Ex.P-3 is the Victim statement, Ex.P.4 is the Spot Mahazar, Ex.P.5 is the Seizure mahazar, Ex.P.6 is the Spot Sketch, Ex.P.7 is the Motor Vehicle Accident Report, Ex.P.8 is the Wound Certificate, Ex.P.9 is the Charge Sheet, Ex.P.10 is the Discharge Summaries, Ex.P.11 is the OPD Records, Ex.P.12 is the Medical Bills , Ex.P.13 is the Ambulance bill, Ex.P.14 is the Medical Prescriptions, Ex.P.15 is the Salary Slips, Ex.P.16 is the Salary slips, Ex.P.17 is the Adhar Card, Ex.P.18 is the Salary Certificate and Ex.P.19 is the Phtos and CD.
14. In the cross-examination of PW-1 by the counsel for Respondents No.1 and 2, he has similarly deposed that, when the rider/Rupesh of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ- 5913 riding the same along with him as a pillion rider, at that time the Accused/driver of the offending BMTC Bus drove the same from Bannergatta towards Jigani in a high speed, rash 16 M.V.C.No.6235/2024 SCCH - 7 and negligent manner so as to endangering human life and at the spot dashed against the hind portion of the unoffending Honda Activa Scooter, as a result, the said scooter and the rider were strucked below the Bus and thereafter the said Bus run over the same and suddenly taken left turn as a result the said offending Bus dashed against the hind portion of the unoffending Honda Shine Motor Cycle as a result the rider and pillion rider/Petitioner of the said Motor Cycle fall on the road and strucked below the Bus and the said Bus run over the same and infront of Parijatha Women and Children Hospital dashed against the parked unoffending Motor Cycle, unoffending TATA Ace Goods vehicle and unoffending Thar Jeep and finally dashed against the street light pole, as a result those all unoffending vehicles and street light pole were damaged and he has sustained grievous bleeding injuries on his left hand, leg, thigh, fingers and other parts of the body and thereafter he was shifted to Vijayashree Hospital and for higher treatment he was shifted to Sanjay Gandhi Hospital for treatment and his left hand was amputated and he has undergone surgery and implants are inserted on his left leg thighs and right leg and he required another surgery for removal of 17 M.V.C.No.6235/2024 SCCH - 7 implants. He has incurred more than Rs.1,50,000/- towards medical expenditure and doctor has informed him to incur Rs.30,000/- towards future medical expenses for removal of implants. Further he has denied that the alleged accident was occurred due to fault of the rider of the unoffending Motor Cycle and no fault of the driver of the offending Bus, as such the Respondent No.1 / RC owner of the offending Bus is liable to pay the compensation amount. Further he has deposed that since from 6 years he is working as ward boy in the Sanjay Gandhi Hospital in Contract basis in first shift and getting salary of Rs.16,589/- p.m., and he is doing another shift in Indira Gandhi Children Hospital and getting salary of Rs.15,531/- p.m. Due to injuries sustained in the alleged accident is not able to do any work. Further he has denied that he is not doing such job and not earning such income as alleged. Further he has denied that in order to get more compensation filed false evidence affidavit and deposing falsely. During the cross examination Pw.1 has consistently deposed on the lines of the petition/prosecution case and he has made those versions, which could not be shattered in cross examination.
18M.V.C.No.6235/2024 SCCH - 7
15. In order to prove the version of Respondent No.1, the Respondent No.1 has examined the driver of the offending vehicle as RW-1 and he has reiterated the entire written statement averments and contentions taken in the course of written statement in his evidence before this Court. Therefore, there is no necessity to repeat those facts again. He has produced Ex.R.1/Authorization letter dated 30.07.2025, Ex.R.2/Trip Sheet, Ex.R.3/Notarized copy of ID Card, Ex.R.4/ driving licence, Ex.R.5/Complaint dated 15.07.2024 and Ex.R.6/GPS Report. In the cross-examination of RW- 1 by the counsel for Petitioner and respondent No.2 he has deposed similarly that, he is the driver of the offending bus and the alleged accident at the spot. In the alleged accident he drove the offending bus and dashed against the alleged five unoffending vehicles and electrical pole and as a result the riders and pillion rider of the unoffending vehicles have sustained injuries. After the alleged accident he has tried to lodge the complaint before the jurisdictional police but they have refused to take his complaint and therefore he has lodged Ex.R.5/Complaint dated 15.07.2024 before Superintendent of Police. Further he has denied that in order to avoid the 19 M.V.C.No.6235/2024 SCCH - 7 departmental enquiry and suspension he has deliberately lodged the said Ex.R.5/Complaint after lapse of four days from the date of alleged accident. After investigation the police have filed charge sheet against him, he has not challenged the charge sheet before the competent court or any authority. Further he has denied that the alleged accident occurred due to his fault. Further he has denied that in order to escape from their liability he has filed false evidence affidavit and created documents and deposing falsely.
16. In order to prove the version of Respondent No.2, the Manager - TP Legal of Insurance Company examined as R.W.2 and she has reiterated the entire written statement averments and contentions taken in the course of version in her evidence before this Court and also produced as many as Exs.R.7 and R.8 documents. I have gone through the documents produced by the RW-2. Ex.R-7 is the Authorization letter and Ex.R.8 is the copy of Insurance Policy of the unoffending vehicle. In the cross-examination of RW-1 by counsel for Petitioner she has deposed that, at the time of the alleged accident the insurance policy of the unoffending vehicle is in force. Further she has deposed that, when the rider/Rupesh of the 20 M.V.C.No.6235/2024 SCCH - 7 unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 riding the same along with petitioner as a pillion rider, at that time the Accused/driver of the offending BMTC Bus drove the same from Bannergatta towards Jigani in a high speed, rash and negligent manner so as to endangering human life and at the spot dashed against the hind portion of the unoffending Honda Activa Scooter, as a result, the said scooter and the rider were strucked below the Bus and thereafter the said Bus run over the same and suddenly taken left turn as a result the said offending Bus dashed against the hind portion of the unoffending Honda Shine Motor Cycle as a result the rider and pillion rider/Petitioner of the said Motor Cycle fall on the road and strucked below the Bus and the said Bus run over the same and infront of Parijatha Women and Children Hospital dashed against the parked unoffending Motor Cycle, unoffending TATA Ace Goods vehicle and unoffending Thar Jeep and finally dashed against the street light pole. Further she has denied that in order to escape from the liability she has filed false evidence affidavit and deposing falsely.
21M.V.C.No.6235/2024 SCCH - 7
17. On careful reading of Ex.P7/Motor Vehicle Accident Inspection Reports it specifies that the Motor Vehicle Inspector has been clearly opined that, the said accident did not occur because of the mechanical defects in respect of the said offending and unoffending vehicles. Further the said Inspector noticed the damages to the offending vehicle and opined that, front bumper damaged, head lights and indicator damaged, front shape damaged, front both side corner shape and body damaged, front wind screen glass broken, left side rear view mirror damaged, front left side body damaged, front left side foot board damaged, front left side window glass broken and radiator damaged. Further the said Inspector noticed the damages to the unoffending vehicle bearing registration No.KA-51-HS-2140 and opined that, front wheel mud guard and suspension damaged, head light assembly and indicator damaged, crash guard damaged, right side fuel tank damaged, handle bar damaged, both side rear view mirrors damaged, speedo meter damaged and rear right side indicator damaged. Further the said Inspector noticed the damages to the unoffending vehicle bearing registration No.KA-01-MY-6363 and opined that, rear right side bumper damaged, rear 22 M.V.C.No.6235/2024 SCCH - 7 dickey door damaged, right side tail lamp indicator damaged, rear right side quarter panel damaged. Further the said Inspector noticed the damages to the unoffending vehicle bearing registration No.TN- 38-AP-2653 and opined that, front wheel mud guard damaged, head light assembly and indicators damaged side body damaged, rear both side body damaged, front right side foot board damaged. Further the said Inspector noticed the damages to the unoffending vehicle bearing registration No.KA- 03-D-1056 and opined that, front bumper damaged, left side rear view mirror damaged, front left side door damaged, left side rear view mirror damaged, rear right side body damaged and rear open doors damaged. Further the said Inspector noticed the damages to the unoffending vehicle bearing registration No.KA-51-EJ-5913 and opined that, front wheel mud guard and suspension damaged, head light assembly, crash guard damaged, fuel tank damaged, handle bar damaged both side rear view mirror damaged, speedo meter damaged, rear both side indicators damaged and both side body damaged.
23M.V.C.No.6235/2024 SCCH - 7
18. On going through the Ex.P-8/Wound Certificate it is seen that the Doctor opined that in the said alleged accident the Petitioner has sustained closed left mid 1/3rd femur shaft fracture, closed left acetabular fracture anterior column with pubic rami fracture, closed left talus fracture, left humerus shaft fracture with left both bone forearm fracture with brachial artery thrombosis and closed right distal femur hoffas fracture wuth common peroneal nerve injury (foot drop) and the doctor opined that the injury is grievous in nature.
19. On going through the Ex.P-2/Complaint it is seen that on 11.07.2024 at about 12.00 p.m., in front of Parijatha Women and Children Hospital, Bannerghatta - Jigani Main road, Jogani Hobli, Anekal Taluk, Bengaluru District, when the rider/Rupesh of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 riding the same with Petitioner as a pillion rider, at that time the Accused/driver of the offending BMTC Bus bearing reg. No. KA-01-F-8944 drove the same from Bannergatta towards Jigani in a high speed, rash and negligent manner so as to endangering human life and dashed against the hind portion of the 24 M.V.C.No.6235/2024 SCCH - 7 unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP-2653, as a result, the said scooter and the rider were strucked below the Bus and thereafter the said Bus run over the same and suddenly taken left turn as a result the said offending Bus dashed against the hind portion of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 as a result the rider and pillion rider/Petitioner of the said Motor Cycle fall on the road and strucked below the Bus and the said Bus run over the same and infront of Parijatha Women and Children Hospital dashed against the parked unoffending Motor Cycle bearing Reg. No.KA-51-HS-2140, unoffending TATA Ace Goods vehicle bearing Reg. No.KA-03-D-1056 and unoffending Thar Jeep bearing Reg. No.KA-01-MY-6363 and finally dashed against the street light pole, as a result those all unoffending vehicles and street light pole were damaged and the rider/K.V. Prasad Rao @ Karakavalasa Vara Prasad Rao of the unoffending Honda Activa Scooter bearing Reg. No.TN-38-AP- 2653 sustained grievous injuries and died and the rider and pillion rider/Petitioner rider of the unoffending Honda Shine Motor Cycle bearing Reg. No.KA-51-EJ-5913 have sustained grievous bleeding 25 M.V.C.No.6235/2024 SCCH - 7 injuries. The accident occurred due to negligent driving of the driver of the offending vehicle.
20. On going through the Ex.P4/spot Mahazar it is seen that in pursuance of the alleged Ex.P2/complaint, on 12.07.2024, the informant has showed the place of incident to the police. The police have conducted the detailed spot mahazar in the presence of panch witnesses and prepared Ex.P.6/Spot Sketch.
21. Admittedly, the accused is the driver of the offending Bus vehicle and further admitted that, Petitioner sustained grievous injuries due to alleged accident caused by the offending vehicle in question. The counsel for Respondent No.1 claimed that the said accused to be innocent and further the counsel for Respondent No.1 contended that, the alleged accident occurred due to fault of the riders/drivers of the unoffending vehicles and no fault of the accused/driver of the offending vehicle, he was driving slowly and therefore he cannot be held to be negligent. The counsel for respondent No.2 contended that the alleged accident occurred due to negligence and fault of the driver of the offending vehicle as such the police have rightly filed charge sheet against the driver of the offending bus vehicle.
26M.V.C.No.6235/2024 SCCH - 7 On going through the prosecution papers, FIR, Spot mahazar, Wound Certificate and Charge Sheet and the evidence of PW-1 is specific to the effect that, the driver of the offending vehicle/accused is the reason for the said incident and at his instance, the incident took place and the alleged accident was occurred due to rash and negligent driving of the offending vehicle and fault of the accused. The evidence of Pw.1 is corroborated to the case of the prosecution and he has supported the manner of occurrence in his evidence in the court and the manner of occurrence is the same as alleged in the Ex.P2/complaint. It seems that Pw.1 has clearly made those versions, which could not be shattered in cross examination. Therefore, considering the above discussed aspects collectively, it is the considered opinion of the Court that, the incident having been taken place in the manner asserted by the prosecution and the same being proved to have been taken place in the manner alleged by the prosecution, the accused drove the offending vehicle in a high speed, rash or negligent manner so as to endanger human life and at the spot dashed against the unoffending vehicles, as a result Petitioner sustained grievous injuries. The evidence of Pw.1, 27 M.V.C.No.6235/2024 SCCH - 7 Ex.P-1/FIR, Ex.P-2/Complaint, Ex.P.6/Spot Sketch, Ex.P4/spot mahazar, Ex.P.7/MVA Report, Ex.P9/ Charge Sheet and Ex.P-8/Wound Certificate clearly establishes that the alleged accident occurred at the spot. It is not in dispute as to the aspect that, the Petitioner sustained grievous injuries in the alleged incident. Because, for the above reasons collectively it is clear that, the accident happened due to rash and negligent act of the accused. It is evident that injuries noted in the Ex.P8/Wound Certificate would be caused by a road accident. At the same time, it has come out in evidence that the alleged accident was occurred due to rash and negligent driving of the offending Bus vehicle and fault of the accused. Matters being so, acts of the accused person clearly constitute the offences punishable under sections 281, 125(b), 324(4), 324(5) and 106(1) of BNS. Thus because of such negligent act of the accused/driver of the offending vehicle, it resulted in the injuries of the innocent man/Petitioner aforesaid, as he/accused drove the said offending vehicle very rashly or negligently on the spot. Therefore, the alleged accident occurred due to the fault of the accused/driver of the offending bus vehicle.
28M.V.C.No.6235/2024 SCCH - 7 Accordingly I answered Recasted Issue No.1 in the Affirmative.
22. Issue No.2:- The Learned counsel for the Petitioner has contended that, the injured Petitioner was aged about 26 years and he was working as Group 'D' employee in Sanjay Gandhi Hospital on daily wages in 1st shift and also working in Indira Gandhi Children's Hospital in the night Shift and totally he was getting salary of Rs.29,500/- p.m. and the Petitioner has incurred heavy expenses towards medical expenditure. As such the Petitioner is entitled for compensation under the head of pain and suffering, mental agony, medical expenses, special diet, conveyance, loss of future income due to disability, loss of amenities and loss of income during laid up period and prays to award the compensation as prayed in the petition.
23. On the other hand, the learned counsel for Respondent No.1 contended that even though the Petitioner claimed that his earning was about Rs.29,500/- p.m., the same is not established by the claimant by producing the documents. Since the Petitioner has not established his income, he is not 29 M.V.C.No.6235/2024 SCCH - 7 entitled for compensation towards such prospects and hence prays dismissal of the petition.
24. The petitioner contended that as on the date of the accident he was aged about 26 years and he relied on the Ex.P.17/Adhar Card of the Petitioner, wherein the date of birth of the Petitioner is shown as 01.01.1998 and this accident was took place on 11.07.2024. Hence it is clear that as on the date of the accident the Petitioner was aged about 26 years 6 months. Hence the age of the Petitioner is considered as 26 years.
25. It is not in dispute that the Petitioner sustained injuries in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver/accused. In the instance case the petitioner claimed that he was working as Group 'D' employee in Sanjay Gandhi Hospital on daily wages in 1st shift and also working in Indira Gandhi Children's Hospital in the night Shift and totally he was getting salary of Rs.29,500/- p.m. In this regard the Petitioner has produced Ex.P.15/Salary Slips issued by Poojyaya Security Services for the unit Sanjay Ganshi Hospital, Bengaluru and Ex.P.16/Salary Slip issued by M/s Sri. Datta Sai 30 M.V.C.No.6235/2024 SCCH - 7 Security Enterprises and Ex.P.18/Salary Certificate issued by M/s Sri. Datta Sai Security. On going through the Ex.P.15/Pay slip, it is seen that the injured petitioner was working as Group 'G' employee in the Sanjay Gandhi Hospital, Bengaluru under Poojyaya Security Services and his last month gross salary is Rs.16,589/- and on going through the Ex.P.16 & 18/Pay slips and Salary Certificate, it is seen that the petitioner is working as House keeping in another shift in Indiragandhi Institute of Child Health Hospital and his last month gross salary is Rs.18,029/-. Hence in view of Ex.P.15, 16 & 18 the income of the Petitioner is taken at Rs.34,618/- p.m.
26. In the chief examination of PW-2/Dr.Chidananda K.J.C., deposed that in the alleged road traffic accident the petitioner has sustained closed left mid 1/3rd femur shaft fracture, closed left acetabular fracture anterior column with pubic rami fracture, closed left talus fracture, left humerus shaft fracture with left both bone forearm fracture with brachial artery thrombosis and closed right distal femur hoffas fracture wuth common peroneal nerve injury (foot drop) and undergone wound debridement vascular exploration and above knee elbow 31 M.V.C.No.6235/2024 SCCH - 7 amputation and ORIF with IMIL nailing for left femur and ORIF with screws for hoffas fracture and discharged on 29.07.2024 and again admitted for dynamization of femur. Further deposed that on recent examination he found that range of movements of left hip and knee and restricted, healed scar mark over right ankle noted, quadriceps wasting is seen, associated with pain on movements knee and ankle, daily activities cross leg sitting, squatting for using Indian toilets were found to be difficulty in left limb, left above elbow amputated stump seen, left knee quadriceps wasting. Further X-ray of right ankle shows fracture united and X-ray left upper limb shows amputated stump upper 1/3rd and X-ray left femur fracture united with implant in situ. Further deposed that the Petitioner sustained permanent physical disability for from upper and lower limb is 86% to the whole body and the Petitioner needs one more surgery in from of implant removal at approximate cost of Rs.20,000/- and also requires special orthosis for which expenses will be around Rs.50,000/- to Rs.1,00,000/-. In support of his oral evidence, the doctor/PW-2 has produced Ex.P-20/Clinical notes, Ex.P.21/Case Sheet, Ex.P.22/X-ray Film, Ex.P.23/CT Scan Films 32 M.V.C.No.6235/2024 SCCH - 7 and Ex.P.24/MRI Scan Films. In the cross- examination of PW-2 by the counsel for Respondent No.1 he has deposed that, he is the treated doctor of the injured petitioner. The petitioner has sustained right distal femur fracture and left above elbow amputation in the alleged accident. Further he has denied that the petitioner can do his regular work and activities as past. Further he has denied that he has wrongly assessed the disability at 86% to the whole body. The petitioner is required another future surgery for removal of implants and Rs.20,000/- is the estimation for removal of implants and Rs.50,000/- to Rs.1,00,000/- estimation for fixing artificial limb. He has not given estimation certificate. On fixing such artificial limb the petitioner cannot become as normal person. Further he denied that in order to help the petitioner he has assessed disability on the higher side and filed false evidence affidavit and deposing falsely.
27. As the occupation of the petitioner is considered as working as Group 'D' employee in the Hospital, while doing his work the petitioner has to stand and sit for long time, he has to bend, put weight on both legs, he has to sit down while doing the work. But due to 33 M.V.C.No.6235/2024 SCCH - 7 injuries sustained in the alleged accident, he is not in a position to do work as earlier. The doctor stated that the Petitioner has sustained permanent physical disability for from upper and lower limb is 86% to the whole body. Hence by considering the age, occupation, nature of injury and the functional disability of the petitioner is considered as 86% to the whole body.
28. With regard to the quantum, age of the petitioner is considered as 26 years and the income is considered at Rs.34,618/- p.m. As per Sarala Varma's Case the multiplier 17 is applicable and functional disability is considered at 86%. On considering the avocation and age of the petitioner, the total loss of future income is calculated as (Rs.34,618/- X 12 X 17 X 86/100) = Rs.60,73,381/-. Hence, an amount of Rs.60,73,381/- is awarded to the petitioner under the head loss of future income for the disability suffered by him in the accident.
29. In the alleged accident the petitioner has sustained closed left mid 1/3rd femur shaft fracture, closed left acetabular fracture anterior column with pubic rami fracture, closed left talus fracture, left humerus shaft fracture with left both bone forearm fracture 34 M.V.C.No.6235/2024 SCCH - 7 with brachial artery thrombosis and closed right distal femur hoffas fracture wuth common peroneal nerve injury (foot drop) and undergone wound debridement vascular exploration and above knee elbow amputation and ORIF with IMIL nailing for left femur and ORIF with screws for hoffas fracture and discharged on 29.07.2024 and again admitted for dynamization of femur, which shows that definitely the petitioner has suffered pain due to the injuries sustained in the accident, hence an amount of Rs.2,00,000/- is awarded towards pain and suffering, mental agony.
30. Further due to the injuries sustained in the accident the petitioner has taken treatment at Sanjay Gandhi Hospital from 11.07.2024 to 29.07.2024, i.e., for 18 days, from 28.10.2024 to 31.10.2024, i.e., for 3 days, totally for a period of 21 days. Therefore this court deems it appropriate to award Rs.1,05,000/- (Rs.5,000/- per day X 21 days) under head of special diet and conveyance.
31. Due to the injuries sustained in the accident the petitioner has suffered uncomfortable in his day to day life, hence an amount of Rs.2,00,000/- is awarded towards loss of amenities.
35M.V.C.No.6235/2024 SCCH - 7
32. Due to the injuries sustained in the accident the Petitioner would require atleast one year period to recuperate and to get back to his normal day to day activities. Therefore the Petitioner would be entitled to Rs.4,15,416/- (Rs.34,618/- x 12 months) under the head loss of income during laid up period.
33. Further the Petitioner has produced hospital and medical bills, towards medical expenses as per Ex.P.12 for an amount of Rs.36,326/- and Ambulance bills as per Ex.P.13 for an amount of Rs.6,000/-. Hence the petitioner is entitled for compensation of Rs.42,326/- under the head of hospital and medical expenses.
34. In the evidence affidavit of PW-2/doctor has stated that the Petitioner required Rs.20,000/- for future surgery for removal of implants and Rs.50,000/- to Rs.1,00,000/- estimation for fixing artificial limb/Special orthosis. Hence, the Petitioner is entitled for Rs.1,20,000/- compensation under the head future medical expenses.
35. The details of compensation I propose to award are as under:
36M.V.C.No.6235/2024 SCCH - 7 Sl. Compensation under different heads Amount in (Rs) No. 1 Loss of future income due to disability 60,73,381-00 2 Pain and suffering, mental agony 2,00,000-00 3 Special diet and conveyance 1,05,000-00 4 Loss of amenities 2,00,000-00 5 Loss of income during laid up period 4,15,416-00 6 Actual medical expenses 42,326-00 6 Future medical expenses 1,20,000-00 Total 71,56,123-00 The Petitioners are entitled to a total compensation of Rs.71,56,123/-.
36. In view of the findings and discussion on Issue No.1 the Respondent No.1 RC owner of the offending Bus isl liable to pay the entire compensation amount and obviously the claim against the Respondent No.2 and 3 is dismissed. Hence, liability to pay the compensation amount is fixed on the respondent No.1/RC owner and respondent No.1 is directed to deposit the compensation amount. Thus I conclude that, Respondent No.1/RC owner of the offending Bus vehicle is directed to deposit the compensation amount along with interest at 6% p.a., from the date 37 M.V.C.No.6235/2024 SCCH - 7 of filing of the claim petition. Hence, I answer issue No.2 is partly in the affirmative.
37. Issue No.3: In the result I proceed to pass the following: -
ORDER The claim petition filed by the Petitioner under Section 166 of the Motor Vehicles Act is hereby Partly allowed with cost.
The claim petition against the Respondents No.2 and 3 is hereby dismissed.
The Petitioner is entitled for
total compensation amount of
Rs.71,56,123/- (Rupees Seventy One Lakhs Fifty Six Thousand One Hundred and Twenty Three only) with interest @ 6% p.a., from the date of petition till its realization.
Amount awarded under the future medical expenses does not carry future interest.
Further, Respondent No.1 being RC owner of the offending BMTC Bus is directed to deposit the compensation amount together with 6% interest within 60 days from the date of this order.
38
M.V.C.No.6235/2024
SCCH - 7
After deposit, entire
compensation amount with interest shall be released in favour of the Petitioner under E-payment with proper verification and identification.
Advocate fee is fixed at
Rs.1,000/-.
Draw the award accordingly.
(Dictated to the Stenographer directly on computer, and corrected by me and then pronounced in open court on this the 13 th day of February 2026) (Shyam Prakash) IX ADDL. JUDGE & ACJM, Court of Small Causes, Bengaluru.
: ANNEXURE :
List Of Witnesses Examined For Petitioner/s.
PW-1 : Sri. Punith Raj.G.S. PW-2 : Dr. Chidanand K.J.C
List of exhibited documents marked for Petitioner/s. Ex.P.1 True copy of FIR in Cr.No.183/2024 Ex.P.2 True copy of Complaint dated.11.07.2024 Ex.P.3 True copy of Victim Statement 39 M.V.C.No.6235/2024 SCCH - 7 Ex.P.4 True copy of Spot Mahazar dated.12.07.2024 Ex.P.5 True copy of Seizure Mahazar dated.11.07.2024 Ex.P.6 True copy of Spot Sketch Ex.P.7 True copy of Motor Vehicle Accident Report Ex.P.8 True copy of Wound Certificate Ex.P.9 True copy of Charge Sheet Ex.P.10 Discharge Summaries (2 nos) Ex.P.11 OPD Records (3 nos) Ex.P.12 11 Medical Bills Ex.P.13 Ambulance Bill Ex.P.14 5 Prescriptions Ex.P.15 Salary Slips issued by Poojyaya Security Services (3 nos) Ex.P.16 Salary Slip issued by M/s Sri.Datta Sai Security Enterprises Ex.P.17 Notarized copy of Aadhar Card Ex.P.18 Salary Certificate issued by M/s Sri.Datta Sai Security Enterprises Ex.P.19 Photographs with CD Ex.P.20 Clinical notes Ex.P.21 Case sheets Ex.P.22 X-ray Films 40 M.V.C.No.6235/2024 SCCH - 7 Ex.P.23 CT Scan Films Ex.P.24 MRI Scan Films List Of Witnesses Examined For Respondent/s.
RW-1 : Basavaraj Maraguddi RW-2 : Roshni
List of exhibited documents marked for Respondent/s.
Ex.R.1 Authorization letter dated 30.07.2025
Ex.R.2 Trip Sheet
Ex.R.3 Notarized copy of Identity Card
Ex.R.4 Notarized copy of driving licence
Ex.R.5 Complaint dated 15.07.2024
Ex.R.6 True copy of GPS Report
Ex.R.7 Authorization letter
Ex.R.8 Insurance Policy of unoffending vehicle
(Shyam Prakash)
IX ADDL. JUDGE & ACJM,
Court of Small Causes,
Bengaluru.
Digitally signed
by
SHYAMPRAKASH SHYAMPRAKASH
Date: 2026.02.18
15:32:19 +0530