The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka high court has ordered enhanced compensation of Rs 35,53,400 with interest at 6 per cent per annum by the Bangalore Metropolitan Transport Corporation (BMTC) to the parents and brother of an engineering student who died in a road accident in 2015. A division bench comprising Justices KS Mudagal and Vijayakumar A Patil passed this order considering the deceased student’s academic excellence.
The accident occurred on November 12, 2015, at about 12 noon near PES College, Konappana Agrahara. The deceased Mary Sindhu was riding pillion along with her friend Yogesh Kumar when a BMTC bus knocked them down. After being treated at a private hospital, Mary Sindhu succumbed to her injuries on November 15, 2015.
The parents Christy Babu, Mary Franchana along with her brother CB Denis moved the Motor Accident Claims Tribunal seeking Rs 50 lakh as compensation. On November 28, 2016, the tribunal awarded a compensation of Rs 15,07,000 with 9 per cent interest.
Challenging this order, the legal heirs of the deceased submitted that Mary Sindhu was studying B.E Civil Engineering and a brilliant student. They stated that Mary Sindhu would have secured a job and earned at least Rs 50,000-60,000 per month. They further contended that the two-wheeler was moving at a moderate speed and it was the BMTC driver who was at fault.
On the other hand, BMTC defended its driver contending that the police were in collusion with the claimants and had filed the charge sheet against the driver. It was further contended that the motorcycle rider did not have a valid and effective driving license at the time of the accident.
The division bench noted that going by the sketch and report pertaining to the accident, the bus reached the accident spot at a high speed. The major portion of the bus had crossed the two-wheeler and the left side body of the bus, near the rear door, had hit the two-wheeler resulting in the accident, the court said.
“In the case of Kandasami and others, the Supreme Court has notionally considered the income of a B.Tech graduate at Rs 25,000 per month. The accident in the said case was in the year 2008. In the instant case, the accident is of the year 2015 which is 7 years subsequent to the judgment of the Supreme Court. The deceased was about to complete her engineering course. Considering her academic excellence, we are of the considered view that the interest of justice would be met if we re-assess the income of the deceased at Rs 22,000 pm,” the bench said.