'No Evidence': Karnataka HC Rejects BMTC's Claim That It Lost 13 Days Revenue As Bus Was In Repair After Accident, Refuses To Enhance Compensation

The Karnataka High Court has dismissed an appeal by Bengaluru Metropolitan Transport Corporation seeking enhancement of compensation granted by the Motor Accident Claims Tribunal towards damages for a bus involved in a road accident. Going through the records the bench said “The appellant failed to produce such cogent and convincing evidence to show that 13 days period was actually required to effect the required repairs. For what purpose it was there at the Police Station for the said period and why the appellant failed to take immediate steps claiming custody of the vehicle for effecting the required repairs is not made clear anywhere.” It added “Without these facts being clearly brought on record, it is not possible to hold that the vehicle was kept idle for 13 days for the reason of effecting required repairs and that the said period is essential for effecting repairs and also that the appellant sustained loss due to nonoperation of the vehicle for the said period.” Background On 27.07.2018, while its driver was driving the Volvo bus another bus drove the said bus at a high speed and in a rash and negligent manner and dashed against the BMTC bus, due to which the bus was badly damaged. As the bus was kept at workshop for more than 13 days for effecting the required repairs, BMTC sustained loss of Rs.12,844 per day.