- 1 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.7980 OF 2016 (MV-D) CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.7981 OF 2016 (MV-D) MISCELLANEOUS FIRST APPEAL NO.4101 OF 2017 (MV-D) MISCELLANEOUS FIRST APPEAL NO.5576 OF 2017 (MV-D) MISCELLANEOUS FIRST APPEAL NO.7171 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8049 OF 2017 (MV-D) MISCELLANEOUS FIRST APPEAL NO.9638 OF 2017 (MV-I) IN MFA No.7980/2016: BETWEEN: THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD. 2ND FLOOR, GLOBAL PLAZA OPP: NEW RAILWAY FLATFORM VANCHIKULAM ROAD POOTHOTE POST, THIRSSUR KERALA. NOW REPRESENTED BY ITS MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD. NO.28, 5TH FLOOR EAST WING, CENTENARY BUILDING M.G. ROAD BENGALURU-560 001. …APPELLANT (BY SRI B. PRADEEP, ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 AND: 1. MR. UMESHA S/O. HONNAPPA GOWDA NOW AGED ABOUT 21 YEARS RESIDING AT DOOR NO.2-108 NEERKERE, MANGALORE D.K. DISTRICT-574 227. 2. JALEEL I.K. S/O. KUNHI MUHAMMED AGED ABOUT 45 YEARS RESIDING AT ITHIKKATT HOUSE MANTHALA, CHAVAKKAD P.O. THRISSUR-680 506. 3. NARAYANA P.M. S/O. LATE SUBBA POOJARY AGED ABOUT 50 YEARS NISHMITHA MOTORS, MOODABIDRE MANGALORE-574 227. 4. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. NITHYANANDA COMPLEX 1ST FLOOR, NEAR BUS STAND MOODABIDRI-574 227. …RESPONDENTS (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE, FOR R-1, SRI A.N. KRISHNA SWAMY, ADVOCATE, FOR R-4, & R-2 AND R-3 ARE SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 17-9-2016 PASSED IN MVC NO.253 OF 2015 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AND II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., AWARDING A COMPENSATION OF RS.8,36,600/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION. - 3 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 IN MFA NO. 7981/2016: BETWEEN: 1. THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD. 2ND FLOOR, GLOBAL PLAZA OPP. NEW RAILWAY FLATFORM VANCHIKULAM ROAD POOTHOTE POST, THIRSSUR KERALA. NOW REPRESENTED BY ITS MANAGER RELIANCE GENERAL INSURANCE CO. LTD. NO.28, 5TH FLOOR EAST WING CENTENARY BUILDING M.G. ROAD BENGALURU-560 001. ...APPELLANT (BY SRI B. PRADEEP, ADVOCATE) AND: 1. MR. VITTAL GOWDA S/O. LATE RAMA GOWDA NOW AGED ABOUT 51 YEARS. 2. VARJA D/O. VITTAL GOWDA NOW AGED ABOUT 47 YEARS. 3. KUMARI SHOBHA K. D/O. VITTAL GOWDA NOW AGED ABOUT 26 YEARS. 4. KUMARI JAYANTHI T. D/O. VITTAL GOWDA NOW AGED ABOUT 24 YEARS. - 4 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 RESPONDENT NOS.1 TO 4 ARE RESIDING AT NO.3-164 THENKAMAJIARU MANGALORE-D.K.-574 227. 5. JALEEL I.K. S/O. KUNHI MUHAMMED AGED ABOUT 45 YEARS RESIDING AT ITHIKKATT HOUSE MANTHALA CHAVAKKAD P.O. THRISSUR-680 506. 6. NARAYANA P.M. AGED ABOUT 50 YEARS S/O. LATE SUBBA POOJARY NISHMITHA MOTORS MOODABIDRE MANGALORE-574 227. 7. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. NITHYANANDA COMPLEX 1ST FLOOR NEAR BUS STAND MODDABIDRI-574 227. ...RESPONDENTS (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE, FOR R-1 TO R-4, SRI A.N. KRISHNA SWAMY, ADVOCATE, FOR R-7, & R-5 AND R-6 ARE SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 17-9-2016 PASSED IN MVC NO.254 OF 2015 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AND II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., AWARDING COMPENSATION OF RS.6,57,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION. - 5 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 IN MFA NO.4101/2017: BETWEEN: THE MANAGER RELIANCE GIC LTD. MAXIMUS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD, KODIALBAIL MANGALORE TALUK NOW REPRESENTED BY THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD. NO.28, EAST WING, 5TH FLOOR CENTENARY BUILDING, M.G. ROAD BENGALURU-560 001. ...APPELLANT (BY SRI B. PRADEEP, ADVOCATE) AND: 1. GURUVA MUKHARI S/O. LATE THURUMBA NOW AGED ABOUT 68 YEARS. 2. SMT. INDIRA W/O. GURUVA MUKHARI NOW AGED ABOUT 58 YEARS. RESPONDENT NOS.1 AND 2 ARE RESIDING AT D.NO.3-23/3 KINNIMAJALU, MULOOR VILLAGE ADDUR, GURUPURA MANGALORE TALUK-574 145. 3. JALEEL I.K. W/O. KUNJI MOHAMMED AGE: MAJOR ITHIKKAT HOUSE, MANATHALA CHAVAKKAD P.O. THRISSUR DISTRICT KERALA STATE-680 506. - 6 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 4. MR. NARAYANA P.M. S/O. LATE SUBBA POOJARY AGE: MAJOR NISHMITHA MOTORS, MOODBIDRI MANGALORE-577 101. 5. THE MANAGER NATIONAL INSURANCE CO. LTD. 1ST FLOOR, NITHYANANDA COMPLEX NEAR BUS STAND, MOODBIDRI MANGALORE-577 101. ...RESPONDENTS (BY SRI GURUPRASAD B.R., AND SRI A.C. VINAYARAJ, ADVOCATES, FOR R-1 AND R-2, SRI A.N. KRISHNA SWAMY, ADVOCATE, FOR R-5, & R-3 AND R-4 ARE SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 17-2-2017 PASSED IN MVC NO.1844 OF 2014 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE & MEMBER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DAKSHINA KANNADA, MANGALURU, AWARDING COMPENSATION OF RS.6,55,000/-WITH INTEREST AT 6% P.A. FROM THE DATE OF THE PETITION TILL ITS REALISATION. - 7 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 IN MFA NO.5576/2017: BETWEEN: THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. 1ST FLOOR, NITHYANANDA COMPLEX NEAR BUS STAND, MOODBIDRI MANGALURU NOW REPRESENTED BY REGIONAL MANAGER NATIONAL INSURANCE CO. LTD. NO.144, SUBHARAM COMPLEX, M.G. ROAD BENGALURU-560 001. ...APPELLANT (BY SRI A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. SRI GURUVA MUKHARI S/O. LATE THURUMBA AGED ABOUT 68 YEARS. 2. SMT. INDIRA W/O. GURUVA MUKHARI AGED ABOUT 58 YEARS BOTH ARE RESIDING AT DOOR NO.3-23/2 KINNIMAJALU, MULOOR VILLAGE ADDUR, GURUPURA MANGALURU-574 145. 3. SRI JALEEL I.K. ADULT S/O. KUNJI MOHAMMED RESIDING AT ITHIKKAT HOUSE MANATHALA CHAVAKKAD P.O. THRISSUR DISTRICT KERALA STATE-680 506. - 8 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 4. RELIANCE GIC LTD. LOCAL OFFICE MAXIMUS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE, HILL ROAD KODIALBAIL MANGALURU TALUK AND DISTRICT - 575 001. 5. SRI NARAYANA P.M ADULT S/O. LATE SUBBA POOJARY NISHMITHA MOTORS MOODBIDRI MANGALURU TALUK AND DISTRICT. ...RESPONDENTS (BY SRI MAHESH S. KAMMAR, ADVOCATE, FOR R-1 AND R-2, SRI B. PRADEEP, ADVOCATE, FOR R-4, & R-3 AND R-5 ARE SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 17-2-2017 PASSED IN MVC NO.1844 OF 2014 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MEMBER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DAKSHINA KANNADA, MANGALORE, AWARDING COMPENSATION OF RS.6,55,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF THE PETITION TILL ITS REALISATION. IN MFA NO.7171/2017: BETWEEN: RELIANCE GENERAL INSURANCE CO. LTD. 2ND FLOOR, GLOBAL PLAZA OPP. NEW RAILWAY FLATFORM VANCHIKULAM ROAD POOTHOTE POST, THIRSSUR KERALA. - 9 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 NOW REPRESENTED BY ITS MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD. NO.28, 5TH FLOOR, EAST WING CENTENARY BUILDING, M.G. ROAD BENGALURU-560 001. ...APPELLANT (BY SRI B. PRADEEP, ADVOCATE) AND: 1. MR. EROL DENNIS DSOUZA S/O. MR. HUBERT M.DSOUZA NOW AGED ABOUT 24 YEARS RESIDENT OF DOOR NO.2-7B/8 EVERSHINE GARDENS, CHECK POST, VAMANJOOR MANGALORE-575 028. 2. JALEEL I. K. S/O. KUNHI MUHAMMED RESIDING AT ITHIKKATT HOUSE CHAVAKKAD P.O., THRISSUR DISTRICT KERALA STATE-682 018. 3. NARAYANA P.M. S/O. LATE SUBBA POOJARY R/O. NISHMITHA MOTORS MOODABIDRE MANGALORE TALUK-574 227. 4. NATIONAL INSURANCE CO. LTD. REPRESENTED BY ITS MANAGER NITHYANANDA COMPLEX, 1ST FLOOR MOODABIDRI MANGALORE TALUK-574 227. ...RESPONDENTS (BY SRI RANJAN KUMAR K. AND SRI BALAKRISHNA R., ADVOCATES, FOR R-1, SRI A.N. KRISHNA SWAMY, ADVOCATE, FOR R-4, & R-2 AND R-3 ARE SERVED AND UNREPRESENTED) - 10 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 30-6-2017 PASSED IN MVC NO.1053 OF 2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DAKSHINA KANNADA, MANGALURU, AWARDING COMPENSATION OF RS.3,28,000/-. IN MFA NO.8049/2017: BETWEEN: 1. MR. GURUVA MUKHARI S/O. LATE THURUMBA AGED 68 YEARS. 2. SMT. INDIRA W/O. GURUVA MUKHARI AGED ABOUT 58 YEARS. RESPONDENT NOS.1 AND 2 ARE RESIDING AT DOOR NO.3-23/2 KINNIMAJALU MULOOR VILLAGE ADDUR, GURUPURA MANGALURU TALUK-574145. ...APPELLANTS (BY SRI GURUPRASAD B.R., ADVOCATE) AND: 1. MR. JALEEL I.K. S/O. KUNJI MOHAMMED RESIDING AT ITHIKKAT HOUSE MANTHALA CHAVAKKAD P.O. THRISSUR DISTRICT KERALA STATE-680 506. - 11 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 2. RELIANCE GENERAL INSURANCE CO. LTD. LOCAL OFFICE: MAXIMUS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD, KODIALBAIL MANGALORE TALUK-575 002 REPRESENTED BY ITS MANAGER. 3. MR. NARAYANA P.M. ADULT S/O. LATE SUBBA POOJARY NISHMITHA MOTORS MOODABIDRI MANGALURU-574 241. 4. NATIONAL INSURANCE CO. LTD. 1ST FLOOR, NITHYANANDA COMPLEX NEAR BUS STAND, MOODABIDRI MANGALURU-574 241 REPRESENTED BY ITS MANAGER. ...RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE, FOR R-2, SRI A.N. KRISHNA SWAMY, ADVOCATE, FOR R-4, VIDE ORDER DATED 20-9-2022, NOTICE TO R-1 AND R-3 ARE DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 17-2-2017 PASSED IN MVC NO.1844 OF 2014 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MEMBER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DAKSHINA KANNADA, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 12 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 IN MFA NO.9638/2017: BETWEEN: MR. EROL DENNIS D'SOUZA AGED ABOUT 24 YEARS S/O. MR. HUBERT M. D'SOUZA RESIDENT OF DOOR NO.2-7B/8 EVERSHINE GARDENS, CHECK POST VAMANJOOR MANGALORE-575 028. ...APPELLANT (BY SRI RANJAN KUMAR K., ADVOCATE) AND: 1. MR. JALEEL K. S/O. MR. KUNHI MUHAMMAD RESIDING AT ITHIKKAT HOUSE CHAVAKKAD POST THRISSUR DISTRICT KERALA STATE-680 506. 2. RELIANCE GENERAL INSURANCE CO. LTD. 2ND FLOOR, GLOBAL PLAZA OPPOSITE NEW RAILWAY PLATFORM VANCHIKULAM ROAD, POOTHOLE POST THRISSUR DISTRICT KERALA STATE-680 506. 3. MR. NARAYANA P.M. S/O. LATE SUNBBA POOJARY RESIDENT OF NISHMITHA MOTORS MOODUBIDRI MANGALURU TALUK-574 227. - 13 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 4. THE NATIONAL INSURANCE CO. LTD. NITHYANANDA COMPLEX 1ST FLOOR, MOODABIDRI MANGALURU TALUK-574 227. ...RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE, FOR R-2, SRI VENKATESH R. BHAGAT, ADVOCATE, FOR R-4; VIDE ORDER DATED 24-3-2025, NOTICE TO R-1 IS DISPENSED WITH, & R-3 SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 30-6-2017 PASSED IN MVC NO.1053 OF 2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT As these appeals are arising out of same accident, they are heard together and disposed of by this common judgment. - 14 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 2. MFA Nos.7980 of 2016 and 7981 of 2016 are arising out of judgment and award dated 17-9-2016 in MVC Nos.253 of 2015 and 254 of 2015 respectively passed by the Motor Accidents Claims Tribunal and II Additional Senior Civil Judge, Mangaluru, D.K. 3. MFA Nos.4101 of 2017, 5576 of 2017 and 8049 of 2017 are arising out of judgment and award dated 17-2-2017 in MVC No.1844 of 2014 passed by the IV Additional District Judge and Member, Motor Accidents Claims Tribunal, Dakshina Kannada, Mangaluru. 4. MFA Nos.7171 of 2017 and 9638 of 2017 are arising out of judgment and award dated 30-6-2017 in MVC No.1053 of 2015 passed by the Principal District Judge and Motor Accidents Claims Tribunal, Dakshina Kannada, Mangaluru. 5. MFA Nos.7980 of 2016 and 7981 of 2016, 4101 of 2017 and 7171 of 2017 are filed by the Reliance Insurance Company for reduction of compensation and on the ground of negligence. - 15 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 6. MFA No.5576 of 2017 is filed by the National Insurance Company Limited for reduction of compensation and on the ground of negligence. 7. MFA Nos.8049 of 2017 and 9638 of 2017 are filed by the claimants seeking for enhancement of compensation. 8. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunals. 9. The brief facts of the case are as under: On 26-11-2014 at about 8:00 a.m., Sri Ganesh (deceased) and Sri Erol Dennis D'Souza (injured) were traveling in Nishmitha bus, bearing Registration No.KA-19 C-7825, from Moodbidre to Pumpwell, Mangaluru. When the bus reached near Nanthoor Junction, Mangaluru, at that time, the Driver of the mini lorry, bearing Registration No.KL-46/G-4906, came in high speed, rash and negligent manner from KPT side towards Pumpwell and dashed to the bus - 16 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 from hind side. As a result, the bus toppled to the left side of the Circle. Due to this impact, the inmates of the bus sustained severe injuries and they were shifted to A.J. Hospital, Mangaluru, for treatment. Ganesh died during the course of the treatment. Hence, the complainant filed a complaint. This led to registration of FIR and investigation. 10. Learned counsel for the appellant in MFA Nos.7980 of 2016, 7981 of 2016, 4101 of 2017 and 7171 of 2017 submits that these appeals are filed by the Reliance Insurance Company of the offending lorry seeking for reduction of compensation awarded by the Tribunal and also on the ground of negligence. He submits that the judgments and award of the Tribunal is not in accordance with law. The Tribunal has not appreciated the evidence placed on record, more particularly, charge-sheet, sketch, spot mahazar and other documents. Therefore, the Tribunal has committed error in holding that the driver of the insured lorry is responsible for cause of accident and fixed liability at 80% which is not in accordance with law. The Tribunal ought to have saddled the responsibility on the driver - 17 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 of the bus, since the driver of the bus ought to have followed the traffic signals installed in Nanthoor Signal, or he could have applied brakes, when the lorry suddenly entered the alleged place of accident and he could have avoided the accident. Therefore, the driver of the bus also contributed to the negligence and equally responsible for the accident. Moreover, Column No.10 of FIR and column No.17 of the charge-sheet clearly disclose that the driver of the bus equally contributed in occurring the accident, but the Tribunal has wrongly saddled the liability on the driver of the lorry to an extent of 80% and 20% on the driver of the bus, which is against the principles of res ipsa loquitur. 11. Learned counsel further contended that at the time of accident, the age of the deceased Ganesh was 31 years and he was working as a Civil Contractor, but no document has been placed on record. The Tribunal notionally assessed the income of the deceased as Rs.5,000/- per month and awarded exorbitant compensation under the heads of loss of dependency, love and affection, funeral expenses, - 18 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 transportation of dead body and loss of estate to the tune of Rs.6,55,000/-. Hence, Insurance Company prays to allow these appeals filed by the Reliance Insurance Company. 12. Learned counsel for the appellant in MFA No.5576 of 2017 submits that this appeal is filed by the National Insurance Company of the offending bus seeking for reduction of compensation awarded by the Tribunal and also on the ground of negligence. Learned counsel submits that the Tribunal committed serious error in not noticing that the Tribunal in MVC Nos.253 of 2015 and 254 of 2015 was pleased to give a finding to the effect that the driver of the lorry was alone responsible for causing the accident and no negligence was held against the driver of the bus. The Tribunal was required to have noticed that the driver of the lorry drove the vehicle in a rash and negligent manner and dashed against the bus to its hind side and there exists no explanation as to the reason for his action. Further, the Tribunal was required to have evaluated actionable negligence keeping in mind the provisions of the Motor Vehicles Act, more particularly, Regulation 23 of Rules of Road - 19 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 Regulations. The finding of the Tribunal with regard to negligence to an extent of 20% on the part of the driver of the bus is erroneous and is based on no evidence. Thus, the same deserves to be set aside. 13. Learned counsel for the appellants in MFA No.8049 of 2017 contended that the award passed by the Tribunal for a sum of Rs.6,55,000/- is on the lower side and is without considering the material produced by the appellants. The deceased Ganesh was working as a Tiles Laying Contractor and earning Rs.2,000/- per day, however, the Tribunal considered the income of the deceased at Rs.5,000/- per month which is erroneous one. The accident is of the year 2014 and as per the chart prepared by the Karnataka State Legal Services Authority, the notional income would be considered at Rs.8,500/- per month. Further, the Tribunal has not considered future prospects of the deceased. The Tribunal has not granted fair and reasonable compensation under the heads of funeral expenses, transportation of dead body, and loss of love and affection. Hence, he prayed to allow the appeal. - 20 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 14. Learned counsel for the appellant in MFA No.9638 of 2017 contended that the Tribunal committed error in assessing the income of the claimant/injured at Rs.8,500/-, which is on the lower side; secondly, the Tribunal has not granted any compensation under the heads of loss of income during laid up period and loss of amenities. The Tribunal has granted Rs.4,400/- towards nourishment and attendant charges, which is on the lower side. Though the Doctor has opined permanent disability at 18.5%, the Tribunal has not considered the percentage of disability and strangely came to the conclusion that the claimant has not sustained any disability. The finding given by the Tribunal in not assessing the disability and refusing to grant compensation under the head of loss of future income due to disability is unsustainable. Further, the Tribunal has awarded a meager compensation under all heads. Thus, he prayed to allow the appeal. 15. Heard the learned counsel appearing for the Insurance Companies as well the learned counsel appearing for - 21 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 the claimants, and perused the judgment and award passed by the Tribunals. 16. In view of the contentions urged by both the learned counsel for the parties, the following points arise for consideration: I. Whether the Tribunal has rightly justified in saddling the liability on the Reliance Insurance Company to an extent of 80% (driver of the lorry) and 20% (driver of the bus) on the National Insurance Company? II. Whether the quantum of compensation awarded by the Tribunals is just and reasonable, or does it call for enhancement or interference? Point No.I: 17. In so far as the contributory negligence is concerned, from perusal of oral and documentary evidence viz. F.I.R., complaint, spot mahazar, spot sketch and copy of the charge- sheet, it clearly establishes that in F.I.R. and complaint, the - 22 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 allegation is made against the driver of the lorry as well as the driver of the bus. Hence, a case was registered for the offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code, 1860. After conducting investigation, the Investigating Officer filed charge-sheet against the accused for the aforesaid offences, wherein the Investigating Officer made the driver of the lorry, bearing Registration No.KL-46 G 4906, as accused No.1, and driver of the bus, bearing Registration No.KA-19 C7825 as accused No.2. At Column No.17 of the charge-sheet, the Investigating Officer clearly opined that due to rash and negligent act of the driver of the bus, the accident occurred and hence, he filed charge- sheet against accused No.2 for the offence punishable under Section 279 of the Indian Penal Code, 1860. The contents of the charge-sheet are not disputed by the claimants or by the drivers of the both offending vehicles. From perusal of the spot mahazar and the spot sketch, it clearly establishes that there is Circle at the spot of the accident, the driver of the lorry came towards Nanthoor Circle from KPT and the driver of the bus - 23 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 came from Bikarnakatte. As per the mahazar and oral evidence of the parties, it reveals that, the moment, the driver of the bus crossed the Circle, and when he was about to move towards Mangaluru, the driver of the lorry came from KPT Circle in rash and negligent manner and dashed to the hind side of the bus, due to the said impact, the bus toppled towards left side of the road and the lorry also toppled within a distance of 100 feet from the place of the accident. If the principles of res ipsa loquitur theory are applied, it appears that the accident occurred in the middle of the road, i.e. in Nanthoor Circle. As per the IMV Report in MVC No.1053 of 2015, the front portion of lorry and hind side of the bus towards right side were damaged. Thus, it is clear that the driver of the lorry came with high speed and dashed to the bus, however, the driver of the bus could have applied brake, as it is a heavy motor vehicle. Hence, it is fit case warranting exercise of this Court's power to interfere with the finding of the Tribunal and saddling liability on the driver of the offending lorry to an extent of 70%, instead of 80% as ordered by the Tribunal and 30% on the - 24 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 driver of the offending bus, instead of 20% as ordered by the Tribunal. Accordingly, the finding of the Tribunal as regard contributory negligence is modified to that extent. Point No.II: 18. In so far as quantum of compensation in MFA No.8049 of 2017 (deceased Ganesh) is concerned, the Tribunal has assessed the notional income of the deceased at Rs.5,000/- per month, which is on the meager side. The accident is of the year 2014. No documentary evidence is placed on record with regard to income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka State Legal Services Authority, it is appropriate to re-assess the notional income of the deceased at Rs.8,500/- per month. The deceased was aged 31 years as on the date of the accident. Therefore, the appropriate multiplier applicable as per the judgment of the Hon'ble Supreme Court in the case of SMT. SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER reported in 2009 (6) SCC 121 is '16'. The deceased Ganesh died Bachelor, living behind - 25 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 his father and mother and therefore, appropriate deduction towards personal expenses would be 50%. The Tribunal has not considered future prospects towards income of the deceased. In view of the ratio laid down in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680, the future prospects would be assessed at 40%, since the deceased was self-employed and below the age of 40 years. Hence, loss of dependency is reckoned as under: Rs.8,500 + 40% (3,400) = 11,900 X 50% = 5,950 Rs.5,950 X 12 X 16 = 11,42,400/-. 19. The Tribunal has awarded a sum of Rs.25,000/- towards funeral expenses, Rs.1,00,000/- towards love and affection and Rs.50,000/- towards loss of estate, which is not fair and reasonable one. 20. The Tribunal has committed error in not awarding fair compensation under the conventional heads. As per the judgment rendered by the Hon'ble Apex Court in the case of - 26 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 MAGMA GENERAL INSURANCE COMPANY LIMITED v. NANU RAM alias CHUHRU RAM AND OTHERS reported in (2018) 18 SCC 130 and Pranay Sethi's case supra, the claimants are entitled to Rs.40,000/- each with escalation at 10% towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses with escalation at 20% (10% each). Thus, in all, the claimants are entitled for modified compensation as under: HEADS Rs. Loss of dependency 11,42,400.00 Loss of filial consortium/loss of love and affection (Rs.40,000 X 2 dependants/claimants + 10%) 88,000.00 Loss of estate (Rs.15,000 + 10%) 16,500.00 Funeral expenses (Rs.15,000 + 10%) 16,500.00 TOTAL 12,63,400.00 Less: Compensation awarded by the Tribunal 6,55,000.00 ENHANCED COMPENSATION 6,08,400.00 21. Thus, the claimants are entitled to total compensation of Rs.12,63,400/- as against Rs.6,55,000/- awarded by the Tribunal. - 27 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 22. In so far as quantum of compensation in MFA No.9638 of 2017 (claimant/injured Sri Erol Dennis D'Souza) is concerned, the claimant examined himself on oath as PW1 and relied upon Ex.P8-Wound Certificate, Ex.P9-Discharge Summary, Ex.P11-Disability Certificate, and Exs.P12-37- Medical bills. As per Ex.P8-Wound Certificate, the claimant sustained the following injuries: "1. Lacerated wound, 3 cm x 1 cm x muscle deep, over right upper lip. 2. Abrasion, 10 cm x 6 cm, over outer aspect of right side of the abdomen with a central lacerated wound of size 3cm x 1 cm muscle deep along with underlying laceration of right lobe of liver, laceration of diaphragm on right side and about 1500 ml to 2000 ml of haemoperitoneum i.e blood in the abdominal cavity. (CT scan of whole abdomen No.43578 and Laparotomy finding)." 23. In support of the oral evidence of the claimant, he also examined Dr. Suresh Manelkar as PW2. He has stated that - 28 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 on 26-8-2016, he has seen the claimant for disability evaluation. Thus, he examined and assessed permanent disability at 18.5% due to abdominal injuries. In the cross- examination, the said Doctor has admitted the fact that he has not treated the claimant, but the claimant has been discharged from the Hospital, after he was completely cured. As per Ex.P9, there is fracture of 7TH AND 8TH ribs and as such, there is no separate treatment for such fractures and ribs were re- united and moreover, he has examined the claimant after two years of the incident. In this case, the claimant has not produced any documents to substantiate that he sustained permanent physical disability. Further, the claimant in his cross-examination, admitted the fact that he was admitted to A.J. Hospital, Mangaluru, and the Doctors, who treated him, have not issued any Disability Certificate. The Tribunal considering the nature of injuries and the fact that no Disability Certificate would be issued to fracture of ribs and it was completely cured as on the date of the discharge, the Tribunal has rightly assessed the award of Rs.85,000/- towards pain and - 29 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 sufferings, i.e. Rs.80,000 towards grievous injury and Rs.5,000/-towards simple injury, which is reasonable one. 24. The Tribunal awarded a sum of Rs.2,38,511/- towards medical expenses, which is reasonable and no interference is called for by this Court. 25. Towards nourishment, conveyance and attendant charges, the Tribunal has awarded a sum of Rs.4,400/-, which is on the lower side. Hence, a further compensation of Rs.15,600/- is awarded under the said head considering the nature of injuries sustained by the claimant. 26. Towards loss of income during laid up period, the Tribunal has not awarded any compensation. As per the material available on record, the claimant was admitted to the Hospital on 26-11-2014 and was discharged on 16-12-2014. He has not placed any proof of income. Hence, his income is assessed at Rs.8,500/- per month which is reasonable one. The nature of injuries suggest that the claimant must have - 30 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 been under rest and treatment for a period of one month, and therefore, a sum of Rs.8,500/- is awarded under the said head. 27. The Tribunal has not awarded any compensation under the head of loss of amenities. Hence, a sum of Rs.25,000/- is awarded under the said head considering the nature of injuries sustained and period spent as in-patient in the Hospital. 28. Thus, the claimant is entitled for the following compensation: HEADS Rs. Pain and sufferings 85,000.00 Medical expenses 2,38,511.00 Nourishment, conveyance and attendant charges 20,000.00 Loss of income during laid up period 8,500.00 Loss of amenities 25,000.00 TOTAL 3,77,011.00 Less: Compensation awarded by the Tribunal 3,27,911.94 (rounded off to Rs.3,28,000/-) ENHANCED COMPENSATION 49,011.00 - 31 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 29. Thus, the claimant is entitled to total compensation of Rs.3,77,011/- as against Rs.3,28,000/- awarded by the Tribunal. 30. Accordingly, the Court passed the following: O R D E R i. MFA Nos.7980 of 2016, 7981 of 2016, 4101 of 2017, 7171 of 2017, 8049 of 2017, and 9638 of 2017 are partly allowed. ii. MFA No.5576 of 2017 is dismissed. iii. The judgment and award passed by the Tribunals are modified to the extent stated hereinabove. iv. In respect of contributory negligence, it is held that the accident occurred due to contributory negligence of the drivers of both the lorry and the bus at the ratio of 70:30. Hence, the liability fastened on the driver of the lorry is reduced to 70% from 80% and the liability fastened on the driver of the bus is increased to 30% from 20%. - 32 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 v. The claimants in MFA No.8049 of 2017 are entitled for additional enhanced compensation of Rs.6,08,400/- (Rupees six lakh eight thousand and four hundred only) with interest at the rate of 6% per annum from the date of claim petition till the date of realisation. vi. The claimant in MFA No.9638 of 2017 is entitled for additional enhanced compensation of Rs.49,011/- (Rupees forty-nine thousand and eleven only) with interest at the rate of 6% per annum from the date of claim petition till the date of realisation. vii. The Insurance Companies are directed to deposit the additional enhanced compensation with interest within a period of eight weeks' from the date of receipt of a copy of this judgment. viii. On deposit, the Tribunals are directed to disburse the entire additional compensation in favour of the claimants as per the apportionment made by the Tribunals. - 33 - NC: 2025:KHC:12506 MFA No. 7980 of 2016 C/W MFA No. 7981 of 2016 MFA No. 4101 of 2017 MFA No. 5576 of 2017 MFA No. 7171 of 2017 MFA No. 8049 of 2017 MFA No. 9638 of 2017 ix. The amount deposited by the Insurance Companies before this Court, if any, be transmitted to the Tribunals, forthwith. x. Draw the modified awards accordingly. xi. No order as to costs. Registry to transmit copy of this judgment to the concerned Tribunals, along with its records. In view of the disposal of the main appeals, pending applications, if any, shall stand dismissed. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 38 Sl No.: 1