SMRT. ANJEER PATIL vs THE DIVISIONAL MANAGER

- 1 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 30 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO. 374 OF 2025 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 6230 OF 2025 (MV-D)

IN MFA No. 374/2025

BETWEEN:

THE DIVISIONAL MANAGER
B.M.T.C., J.K. ROAD,
SHANTHINAGAR,
BENGALURU - 560 027.
REPRESENTED BY IT'S CHIEF LAW OFFICER.
…APPELLANT






(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)

AND:

1. SMT. ANJEER PATIL
W/O LATE KAMALAKAR @ KAMALAKAR
INDRAJIT PATIL,
AGED ABOUT 54 YEARS,
R/AT NO. 13/4, 3RD CROSS,
SUBEDAR PALYA,
YESHWANTHPURA POST,
BENGALURU-YESHWANTHPURA,
BENGALURU - 560 022.

2. SMT. DAIVSHALA UMESH SALUNKE,
D/O LATE KAMALAKAR INDRAJIT PATIL @
KAMALAKAR, AGE MAJOR,
R/AT SALEGAON, SALEGAON TALUK,


Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


LOHARA, SALEGAON, OSMANABAD,
MAHARASTRA - 413 604.

3. SMT. DEEPALI BHAIRU CHAVAN,
W/O BAIRU CHAVHAN,
D/O LATE KAMALAKAR INDRAJIT PATIL @
KAMALAKAR, AGE MAJOR,
R/AT KARANJHIGAON, OSMANABAD,
DHANURI, MAHARASTRA - 413 604.

4. SMT. RUPALI PRAFULLA SONAWANE,
W/O PRAFULLA SONAWANE,
D/O LATE KAMALAKAR INDRAJIT PATIL @
KAMALAKAR, AGE MAJOR,
R/AT MOGARGA, TALUK AUSA,
MOGRAGA, LATUR MOGARA,
MAHARASTRA - 413 516.
…RESPONDENTS
(BY SRI. GURUDEVA PRASAD K.T, ADVOCATE FOR R1;
R2 - DAIVSHALA UMESH SALUNKE - SERVED;
R3 - DEEPALI BHAIRU CHAVAB - SERVED;
R4 - RUPALI PRAFULLA SONAWANE - SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.10.2024 PASSED IN MVC
NO. 592/2022 ON THE FILE OF THE XI ADDITIONAL SMALL
CAUSES JUDGE AND ACJM, COURT OF SMALL CAUSES,
MEMBER, MACT-12, BENGALURU (SCCH-12), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.




Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 3 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


IN MFA NO. 6230/2025
BETWEEN:

SMT. ANJEER PATIL
W/O LATE KAMALAKAR @ KAMALAKAR
INDRAJIT PATIL
AGED ABOUT54 YEARS,
RESIDING AT NO.13/4, 3RD CROSS
SUBEDAR PALYA, YESHWANTHPURA POST
BENGALURU-YESHWANTHPURA,
BENGALURU - 560 022.
...APPELLANT
(BY SRI. GURUDEVA PRASAD K.T, ADVOCATE)
AND:
1.
THE DIVISIONAL MANAGER
BMTC, J.K. ROAD, SHANTHINAGAR
BENGALURU - 560 027.

2.
SMT. DAIVSHALA UMESH SALUNKE
D/O LATE KUMALAKAR INDRAJIT PATIL
@ KAMALAKAR, AGED ABOUT 30 YEARS
R/AT SALEGAON, SALEGAON TQ,
LOHARA, SALEGAON, OSMANABAD,
MAHARASTRA - 413 604.

3. SMT. DEPALI BAIRU CHOWHAN
W/O BHAUIREU CHAVHAN
D/O LATE KAMALAKAR INDRAJIT PATIL @
KAMALAKAR, AGED ABOUT 28 YEARS
R/AT KARANJHIGAON
OSMANABAD, DHANURI
MAHARASATRA - 413 604.

4.
SMT. RUPALI PRAFULLA SONWANE
W/O PRAFULLA SONWANE
D/O LATE KAMALAKAR INDRAJIT PATIL @
KAMALAKAR, AGED ABOUT 26 YEARS
R/AT MOGARGA, TALUK AUSA, MOGRAGA
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 4 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


LATUR MOGARA, MAHARASTRA - 413 516.
...RESPONDENTS
(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE
FOR R1;
R2 - DAIVSHALA UMESH SALUNKE - SERVED;
R3 - DEEPALI BHAIRU CHAVAB - SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.21.10.2024 PASSED IN MVC NO.
592/2022 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES
JUDGE AND ACJM, COURT OF SMALL CAUSES, MEMBER, MACT-
12, BENGALURU SCCH-12, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT
Miscellaneous First Appeal No.374/2025 is filed by
BMTC challenging the Judgment and Award and
Miscellaneous First Appeal No.6230/2025 is filed by the
claimant seeking enhancement of compensation awarded
in the Judgment and Award dated 21.10.2024 passed in
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 5 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


MVC No.592/2022 by XI Additional Small Causes Judge
and Member, MACT-12, Bengaluru (SCCH-12).

2. Even though the matters are listed today for
admission, with the consent of both the learned counsel
appearing for the BMTC and learned counsel appearing for
the claimant, the matter is taken up for disposal.


3. The claimant made a claim petition seeking for
award of compensation for the death of her husband
Kamalakar Indrajit Patil @ Kamalakar in a road traffic
accident occurred on 16.01.2022 contending that the
accident occurred due to rash and negligent driving by the
driver of BMTC bus bearing registration No.KA-57-F-2919.


4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 6 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


Sl.
No.
Particulars Amount
1. Loss of dependency Rs. 13,36,500/-
2. Loss of love and affection Rs. 50,000/-
3. Loss of consortium to
petitioner Nos.1 to 4
(Rs.44,000/- each)
Rs. 1,76,000/-
4. Loss of estate Rs. 16,500/-
5. Funeral expenses Rs. 16,500/-
Total Rs. 15,95,500/-
Contributory negligence on
part of the deceased to the
Rs. (-) 7,97,750/-
extent of 50%
Grand Total Rs. 7,97,750/-
Interim compensation
Rs. (-) 25,000/-
already received by
petitioner
Total compensation
7,72,750/-
payable


5. The Tribunal has held that the deceased has
contributed to the accident and has assessed his
contributing negligence at 50% and awarded only 50% of
the compensation assessed with interest at the rate of 6%
per annum from the date of petition till realisation and
directed the BMTC to pay the compensation amount. The
BMTC has challenged the said Judgment and Award on the
ground that the entire negligence is on the part of the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 7 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


deceased and the compensation awarded is on higher side.
The claimant has filed the appeal challenging contributory
negligence attributed to the deceased and seeking
enhancement of the compensation awarded.

6. Heard the learned counsel appearing for BMTC
and learned counsel appearing for the appellants.

7. Learned counsel appearing for BMTC would
contend that the entire negligence is on the part of the
deceased as he jumped from the divider wall on the road
suddenly, due to which the accident took place. There is
no any pedestrian zebra crossing at the spot of the
accident. The road is meant only for the movement of the
bus. Ex.P4 - sketch later indicates that the accident
occurred on the road by the side of the divider wall. He
further contended that respondents Nos.2 to 4 before the
Tribunal are the married daughters of the deceased and
they are not dependents and therefore deductions taken at
1/4th is not proper and deductions at the most can be
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 8 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


taken at 1/3rd. He further submits that the claimant and
respondent Nos.2 to 4 are not entitled to compensation
towards loss of love and affection as awarded by the
Tribunal in a sum of Rs.50,000/- since loss of consortium
is awarded to claimant and respondent Nos.2 to 4. He
further submits that the age of the deceased as per the
Aadhar Card is seventy one (71) years and the Tribunal
has erred in taking the age of the deceased as fifty nine
(59) years based on the police documents. With these, he
prayed to allow the appeal filed by the BMTC.

8. Learned counsel for the claimant would contend
that the accident occurred due to the sole negligence on
the part of the bus driver. The deceased after purchasing
vegetables was standing by the side of the road. At that
time, the driver of the bus suddenly took turn in the road
and dashed to the deceased. Due to which, he sustained
injuries and succumbed to the injuries. The entire rash and
negligent driving is on the part of the driver of the bus and
the Tribunal erred in holding that the deceased has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 9 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


contributed to the accident. He further submits that the
notional income fixed for the year 2022 is Rs.15,500/- and
the said income is to be taken as against Rs.15,000/-
taken by the Tribunal. With these, he prayed to allow the
appeal filed by the claimant.

9. Having heard the learned counsel appearing for
BMTC and learned counsel appearing for the claimant, the
Court has perused the impugned Judgment, Award and
trial Court records.

10. The following points arises for consideration:
I) Whether the Tribunal is justified in holding
that the deceased has contributed to the
accident and assessed his contributory
negligence at 50%?
II) The compensation awarded by the Tribunal
is just and proper?
REASONS

11. POINT NO.I : The accident occurred on
16.01.2022 at about 09:45 p.m. Ex.P11 is the charge
sheet and it is filed against the driver of the bus for rash
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 10 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


and negligent driving for offences punishable under
Sections 279 and 304(A) of Indian Penal Code. Ex.P4 is
the sketch of the spot of the accident, wherein spot of the
accident is shown by the side of the divider wall. Ex.R4 -
photographs are of the spot of the accident. There is a
divider wall in between road and the footpath wherein
vegetable vendors sell the vegetables. There is no zebra
crossing at the spot. There is no footpath for pedestrians
at the spot. The accident occurred on the road and it is by
the side of divider. R.W.1 is the driver of the bus and he
has stated in chief examination that deceased jumped
from a heavy wall and walking on the road without
observing the movement of the bus. The said aspect
clearly indicates that the deceased was on the road and
the bus dashed him. Considering that the spot is not
meant for passing of pedestrians and it is only meant for
moving of the buses/vehicles. There is a contributory
negligence on the part of the deceased. The said
contributory negligence on the part of the deceased is
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 11 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


lesser than the negligent driving of the driver of the bus.
The driver of the bus ought to be very careful while taking
the turn of the bus on the road and he ought to have
observed the pedestrians. If the pedestrians suddenly
entered the road, he ought to have applied brake in order
to avoid the incident. Therefore there is more contributory
negligence on the part of the driver of the bus. Therefore
the contributory negligence on the part of the deceased is
assessed at 10% and the contributory negligence on the
part of the driver of the bus is assessed at 90%.
Accordingly, point No.I is answered.

12. POINT NO.II : The Tribunal has taken the age
of the deceased as fifty nine (59) years. P.W.1 - wife of
the claimant has stated that the deceased was aged fifty
nine (59) years at the time of the incident. Inquest
Mahazar indicates that the age of the deceased was fifty
nine (59) years and statement of the wife of the deceased
taken at the time of inquest also contains the age of the
deceased as fifty nine (59) years. The P.M. report also
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 12 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


clearly indicates that the age of the deceased is fifty nine
(59) years. Considering the said document, the Tribunal
has rightly taken the age of the deceased as fifty nine (59)
years. Considering the said aspect, the Tribunal has not
rightly relied upon Ex.P12 - Aadhar card wherein year of
birth of the deceased is mentioned as 1950. The age of
wife of the deceased as mentioned in her Aadhar card is
fifty one (51) years. Therefore the year of birth mentioned
the Aadhar Card of the deceased appears to be not proper.
Therefore, the Tribunal has rightly taken the age of the
deceased as fifty nine (59) years and rightly applied
multiplier '9' and rightly added 10% towards future
prospects.

13. The notional income fixed for the year 2022 is
Rs.15,500/- per month and the said income is to be taken
as against Rs.15,000/- taken by the Tribunal. The Tribunal
considering that the deceased has wife and three (03)
children has deducted 1/4th towards personal expenses of
the deceased. The daughters of the deceased who are
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 13 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


arrayed as respondent Nos.2 to 4 before the Tribunal are
all married daughters and they are not dependents. The
claimant is the wife of the deceased. Considering that the
deceased is a married man having wife and children,
deductions towards personal expenses of the deceased is
to be taken as 1/3rd as against 1/4th taken by the
Tribunal. In view of the same, loss of dependency is
calculated as under:
Rs.15,500/- + 10% = Rs.17,050/- X 12 =
Rs.2,04,600/- - 1/3rd = Rs.1,36,400/- X 9 =
Rs.12,27,600/-.

14. The Tribunal considering that the claimant is
wife of the deceased and respondent Nos.2 to 4 are
married daughters has rightly awarded consortium in a
sum of Rs.1,76,000/- (Rs.44,000/- X 4). The Tribunal has
rightly awarded loss of estate in a sum of Rs.16,500/- and
funeral expenses in a sum of Rs.16,500/-. Since loss of
consortium is awarded, the claimants are not entitled to
loss of love and affection awarded by the Tribunal in a sum
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 14 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


of Rs.50,000/-. The claimant has received Rs.25,000/- as
an interim compensation from BMTC and therefore the
said amount has been rightly deducted in the
compensation assessed.

15. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Loss of dependency Rs. 12,27,600/-
2. Loss of consortium Rs. 1,76,000/-
3. Loss of estate Rs. 16,500/-
4. Funeral expenses Rs. 16,500/-
Total Rs. 14,36,600/-
Less: 10% contributory
negligence of the deceased
Rs. (-) 1,43,660/-
Total Rs. 12,92,940/-
Less: Interim compensation Rs. (-) 25,000/-
Total Rs. 12,67,940/-


16. The claimant is entitled to total compensation of
Rs.12,67,940/- as against Rs.7,72,750/- awarded by the
Tribunal with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 15 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025



17. Consequently the claimant is entitled to
enhanced compensation of Rs.4,95,190/- with interest at
the rate of 6% per annum from the date of petition till
realisation.

18. The claimant is not entitled to interest for the
delay period of 186 days in filing the appeal as per the
order dated 23.08.2025 passed on I.A.No.1/2025.
Accordingly, point No.II is answered.

19. The BMTC is liable to pay the said enhanced
compensation amount with interest.

20. In view of the above, the following:

ORDER
i) Both Miscellaneous First Appeals are
allowed-in-part .
ii) The claimant is entitled to enhanced
compensation of Rs.4,95,190/- with
interest at the rate of 6% per annum from
the date of petition till realisation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 16 -
HC-KAR
NC: 2026:KHC:60496
MFA No. 374 of 2025
C/W MFA No. 6230 of 2025


CNR: KAHC010024412025


iii) The BMTC shall deposit the enhanced
compensation amount with interest before
the Tribunal within a period of six weeks
from this day.
iv) The claimant is not entitled to interest for
the delay period of 186 days in filing the
appeal.
v) The appellant/claimant alone is entitled to
enhanced compensation amount with
interest.
vi) The amount in deposit is ordered to be
transmitted to the Tribunal.
vii) Out of the enhanced compensation, 50%
shall be released to the appellant/claimant
and remaining 50% shall be kept in Fixed
Deposit in the name of appellant/claimant
with Karnataka Bank, City Civil Court
branch, Bengaluru, for a period of five (05)
years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA


(SHIVASHANKAR AMARANNAVAR)
JUDGE

KLV List No.: 1 Sl No.: 28