- 1 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 07TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.103981 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.103422 OF 2017 MISCELLANEOUS FIRST APPEAL NO.103423 OF 2017 MISCELLANEOUS FIRST APPEAL NO.103424 OF 2017 MISCELLANEOUS FIRST APPEAL NO.103425 OF 2017 MISCELLANEOUS FIRST APPEAL NO.103982 OF 2017 MISCELLANEOUS FIRST APPEAL NO.103983 OF 2017 MISCELLANEOUS FIRST APPEAL NO.103984 OF 2017 IN M.F.A. NO.103981 OF 2017 BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI. (INSURER OF TRUCK NO.KA-22/C-1156) REPRESENTED BY AUTHORISED SIGNATORY. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. SAKHUBAI W/O. NAGARAJ AMMANAGI, AGE: 26 YEARS, OCC: HOUSEHOLD WORK, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST:BELAGAVI-590002. 2. SHRISHANT S/O. NAGARAJ AMMANAGI, AGE: 7 YEARS, OCC: STUDENT, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 MINOR REPRESENTED BY N/G NATURAL MOTHER PETITIONER NO.1) SMT. SAKHUBAI W/O. NAGARAJ AMMANAGI. 3. SHREYA D/O. NAGARAJ AMMANAGI, AGE: 6 YEARS, OCC: STUDENT, MINOR REPRESENTED BY N/G MOTHER PETITIONER NO. 1) SMT. SAKHUBAI W/O. NAGARAJ AMMANAGI. 4. SHRI SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI-590002. (OWNER OF TRUCK NO.KA-22/C-1156). 5. MRS. MAMTA W/O. UMESH, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI-590002, (OWNER OF CAR NO.KA-22/Z 4205). 6. NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590002. (INSURER OF CAR NO.KA-22/Z 4205). …RESPONDENTS (BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE FOR R1 TO R3; R4-SERVICE OF NOTICE DISPENSED WITH; SRI. P.R. PUJAR, ADVOCATE FOR R5; SMT. SHARMILA PATIL, ADVOCATE FOR R6) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2698/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 IN M.F.A. NO.103422 OF 2017 BETWEEN: 1. SMT. SAKHUBAI WD/O. NAGARAJ AMMANAGI, AGE: 26 YEARS, OCC: HOUSEHOLD WORK, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST: BELAGAVI-590010. 2. SHRISHANT S/O. NAGARAJ AMMANAGI, AGE: 7 YEARS, OCC: STUDENT, MINOR REPRESENTED BY N/G MOTHER PETITIONER NO.1, SMT. SAKHUBAI WD/O. NAGARAJ AMMANAGI. 3. SHREYA D/O. NAGARAJ AMMANAGI, AGE: 5 YEARS, OCC: STUDENT, MINOR REPRESENTED BY N/G NATURAL MOTHER PETITIONER NO.1, SMT. SAKHUBAI W/O. NAGARAJ AMMANAGI. …APPELLANTS (BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE) AND: 1. SHRI. SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI. (OWNER OF TRUCK NO. KA22/C1156) 2. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI. (INSURER OF TRUCK NO.KA22/C1156) 3. MRS. MAMTA W/O. UMESH AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI. (OWNER OF CAR NO.KA22/Z4205) - 4 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 4. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI. (INSURER OF CAR NO.KA22/Z4205) …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; R1 AND R3-SERVICE OF NOTICE DISPENSED WITH; SMT. SHARMILA PATIL, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2698/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN M.F.A. NO.103423 OF 2017 BETWEEN: SMT. IN M.F.A. NO.103423 OF 2017 BETWEEN: SMT. TANGEMMA @ POOJA W/O. SHASHIKANT, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST: BELAGAVI-590010. …APPELLANT (BY SRI. GEETHA K.M. @ PAWAR, ADVOCATE) AND: 1. SHRI. SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: #81, MANGALWAR PETH, TILAKWADI, BELAGAVI-590006. (OWNER OF TRUCK NO.KA22/C1156) - 5 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 2. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI-590001. (INSURER OF TRUCK NO.KA22/C1156) 3. MRS. MAMTA W/O. UMESH AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI-590010. (OWNER OF CAR NO.KA22/Z4205) 4. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590002. (INSURER OF CAR NO.KA22/Z4205) …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; R1 AND R3-SERVICE OF NOTICE DISPENSED WITH; SMT. SHARMILA PATIL, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2699/2016 ON THE FILE OF THE XI- ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN M.F.A. NO.103424 OF 2017 BETWEEN: SMT. TANGEMMA @ POOJA WD/O. SHASHIKANT, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST: BELAGAVI-590010. …APPELLANT (BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE) - 6 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 AND: 1. SHRI. SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI-590009. (OWNER OF TRUCK NO.KA22/C1156) 2. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI. (INSURER OF TRUCK NO.KA22/C1156) 3. MRS. MAMTA W/O. UMESH AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI-590010. (OWNER OF CAR NO.KA22/Z4205) 4. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590002. (INSURER OF CAR NO.KA22/Z4205) …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; R1 AND R3-SERVICE OF NOTICE DISPENSED WITH; SMT. SHARMILA PATIL, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2700/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. - 7 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 IN M.F.A. NO.103425 OF 2017 BETWEEN: SURESH RAMAPPA AMMANAGI, AGE: 27 YEARS, OCC: STUDENT, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST: BELAGAVI-590010. …APPELLANT (BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE) AND: 1. SHRI. SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI-590009. (OWNER OF TRUCK NO. KA22/C1156) 2. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI-590001. (INSURER OF TRUCK NO.KA22/C1156) 3. MRS. MAMTA W/O. UMESH, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI-590010. (OWNER OF CAR NO.KA22/Z4205) 4. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590002. (INSURER OF CAR NO.KA22/Z4205) …RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; R1 AND R3-SERVICE OF NOTICE DISPENSED WITH; SMT. SHARMILA PATIL, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO - 8 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2701/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT & SESSIONS JUDGE & ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN M.F.A. NO.103982 OF 2017 BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI. (INSURER OF TRUCK NO.KA 22/C-1156) NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY, DEPUTY MANAGER. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. TANGEMMA @ POOJA W/O. SHASHIKANT AMMANAGI, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ AND DIST: BELAGAVI. 2. SHRI. SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI. (OWNER OF TRUCK NO.KA 22/C-1156) 3. MRS. MAMTA W/O. UMESH, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI. (OWNER OF CAR NO.KA 22/Z 4205) - 9 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 4. NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI. (INSURER OF CAR NO.KA 22/Z 4205) …RESPONDENTS (BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE FOR R1; R2-LEFT THE PLACE MENTIONED IN THE NOTICE; SRI. P.R. PUJAR, ADVOCATE FOR R3; SMT. ARUNA DESPANDE, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2699/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.103983 OF 2017 BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI. (INSURER OF TRUCK NO.KA 22/C 1156) REPRESENTED BY AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. TANGEMMA @ POOJA WD/O. SHASHIKANT AMMANAGI, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O: MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST: BELAGAVI-590002. - 10 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 2. SHRI. SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI-590002. (OWNER OF TRUCK NO.KA 22/C-1156) 3. MRS. MAMTA W/O. UMESH, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI-590002. (OWNER OF CAR NO.KA 22/Z 4205) 4. NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590002. (INSURER OF CAR NO.KA 22/Z 4205) …RESPONDENTS (BY SRI. PRASHANTH S.HOSAMANI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 ARE SERVED; SMT. ARUNA DESPANDE, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2700/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.103984 OF 2017 BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. CLUB ROAD, BELAGAVI, (INSURER OF TRUCK NO.KA 22/C 1156) REPRESENTED BY AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) - 11 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 AND: 1. SURESH RAMAPPA AMMANAGI AGE: 27 YEARS, OCC: STUDENT, R/O. MARAGAI ROAD, II CROSS, LAXMI NAGAR, KAKATI, TQ. AND DIST: BELAGAVI-590002. 2. SHRI SHIVANAND SHIVALINGAPPA SOMANATTI, AGE: MAJOR, OCC: BUSINESS, R/O. # 81, MANGALWAR PETH, TILAKWADI, BELAGAVI-590002. (OWNER OF TRUCK NO.KA 22/C-1156) 3. MRS. MAMTA W/O. UMESH, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO.504, GROUP D QUARTERS, CIVIL HOSPITAL, BELAGAVI-590002. (OWNER OF CAR NO.KA 22/Z4205). 4. NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590002. (INSURER OF CAR NO.KA 22/Z 4205) …RESPONDENTS (BY SRI. PRASHANTH S.HOSAMANI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED; SRI P.R. PUJAR, ADVOCATE FOR R3; SMT. ARUNA DESPANDE, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED IN MVC NO.2701/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 12 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Although the appeals are listed for admission, with consent of learned counsels appearing for the parties, the above appeals have been heard finally on merits. 2. In all the appeals the common judgment dated 29.08.2017, passed in MVC Nos.2698, 2699, 2700 and 2701 of 2016 and the awards passed therein, by the XI Additional District and Sessions Judge and Additional MACT, Belagavi1, are called in question. Hence all the appeals are taken up together for consideration. 3. The details/particulars of the appeals and the claim petitions are mentioned hereinbelow for ready reference: 1 Hereinafter referred to as the ‘Tribunal’. - 13 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 Sl No. MFA Nos. MVC Nos. Compensation Death/ Injury Appeal filed by 1 MFA No. 103981/2017 MVC NO.2698/2016 ₹27,19,200/-, with interest @ 9% p.a. Death Insurer 2 MFA No. 103422/2017 MVC NO.2698/2016 ₹27,19,200/-, with interest @ 9% p.a. Death Claimant 3 MFA No. 103423/2017 MVC NO.2699/2016 ₹13,67,200/-, with interest @ 9% p.a. Death Claimant 4 MFA No. 103424/2017 MVC NO. 2700/2016 ₹1,00,000/-, with interest @ 9% p.a. Death Claimant 5 MFA No. 103425/2017 MVC NO.2701/2016 ₹5,37,000/-, with interest @ 9% p.a. Death Claimant 6 MFA No. 103982/2017 MVC NO.2699/2016 ₹13,67,200/-, with interest @ 9% p.a. Death Insurer 7 MFA No. 103983/2017 MVC NO. 2700/2016 ₹1,00,000/-, with interest @ 9% p.a. Death Insurer 8 MFA No. 103984/2017 MVC NO.2701/2016 ₹5,37,000/-, with interest @ 9% p.a. Death Insurer 4. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience. 5. The facts in a nutshell leading to the present appeals are that on 17.10.2016, one Nagraj Ramappa - 14 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 Ammanagi (deceased) along with his family members were travelling in Car bearing registration No.KA-22/Z-4205 from Nesargi to Belagavi, when a truck bearing registration No.KA-22/C-1156 came from opposite direction in a rash and negligent manner and hit the car, causing the accident in question, wherein, the occupants of the car namely Nagaraj Ammanagi, Shashikant S/o.Ramappa Ammanagi, Shravani D/o.Shashikant Ammanagi and Mallawwa W/o.Ramappa Ammanagi, died. 6. Claiming compensation for the death of the deceased, claim petitions were filed arraying the owner and insurer of the truck as respondents No.1 and 2 and the owner and insurer of the car as respondents No.3 and 4. The owner of truck (respondent No.1) was placed ex-parte. The respondents No.2 to 4 contested the claim petitions by filing statement of objections. The claimants examined themselves as PW.1 to PW.4. Exs.P1 to Ex.P21 were marked. The driver of truck was examined as RW.1 and the representative of the - 15 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 insurer of truck was examined as RW.2. Exs.R1 to Ex.R4 were marked. The Tribunal, by its judgment and award dated 29.08.2017, allowed the claim petitions and awarded compensation as mentioned above. The Tribunal further ordered that respondent No.2 (insurer of the Truck) is liable to pay compensation awarded. Being aggrieved, the above appeals are filed. 7. Learned counsel Sri S.K.Kayakmath appearing for the insurer of truck bearing No.KA-22/C-1156 contends that the Tribunal has ignored the oral and documentary evidence and fastened the entire negligence against the driver of truck, which is erroneous, having regard to the fact that the driver of truck has been examined as RW.1 and that the sketch (Ex.P3 and Ex.R1) discloses that the car was moving towards downward gradient, the Tribunal ought to have held that both the driver of truck as well as the driver of car were responsible for causing the accident in question. It is further contended that there was 14 feet tar road on the left side of - 16 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 the driver of the car and the car being a smaller vehicle, the driver of car could have avoided the accident. It was further contended that the direction in which the truck was proceeding was an up-hill and hence the finding of the Tribunal that the accident occurred due to sole negligence of the driver of truck is erroneous. It is further contended that the income assessed by the Tribunal is on higher side, and that future prospects awarded is excessive and that interest awarded by the Tribunal is on higher side. 8. Per contra, learned counsel Smt.Geeta K.M., appearing for the claimants justifies the finding of negligence and submits that the quantum of compensation awarded by the Tribunal is on lower side. It is further contended that the claimant in MVC No.2700/2016 is entitled to compensation in terms of the judgment of the Hon’ble Supreme Court in the case of Kishan Gopal Vs. Madan Mohan and Another2. 2 (2013) ACJ 1253 - 17 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 9. The submissions of learned counsel for both the parties have been considered and the material on record including the records of the Tribunal have been perused. 10. The questions framed for consideration in the present appeals are: i) Whether the finding on negligence recorded by the Tribunal is erroneous and liable to be interfered with? ii) Whether the quantum of compensation awarded is just and proper? Regarding Question No: (i) 11. The claimants in their claim petitions have averred that the truck, which came in the opposite direction, was being driven in a rash and negligent and in a zigzag manner. That the truck came on the wrong side of the road and hit the car. The claimants, who were examined as PW.1 to PW.4 are not eye witnesses to the accident. However, they have produced the FIR (Ex.P1), complaint (Ex.P2) and charge sheet (Ex.P6), which disclose that pursuant to the - 18 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 complaint lodged, the charge sheet has been filed against the driver of the truck. The spot panchanama (Ex.P3) and spot sketch (Ex.R1) disclose that, the road, where the accident occurred, was 45 feet wide. The car was travelling from south to north and the truck was coming in the opposite direction. The spot of the accident is on the side of the road, in which the car was travelling, which discloses that the truck had crossed middle portion of the road and was on its wrong side of the road. Pursuant to the complaint filed, the charge sheet has been filed against the driver of the truck. 12. The driver of truck has been examined as RW.1 and he has deposed that more than seven persons were travelling in the car and that he was driving the truck slowly and that the car came on the wrong side of the road, causing the accident in question. In the cross-examination, RW.1 has admitted that he has not lodged any complaint against the driver of the car. RW.1 has denied that spot of the accident - 19 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 is shown in the spot sketch (Ex.R1). However, he has admitted that he has no documents to show that the accident occurred due to rash and negligent driving of the car. 13. The Tribunal, considering the aspect of negligence, has noticed that charge sheet is filed against the driver of truck and that RW.1 has not filed any complaint against the driver of car. RW.2 who is the representative of insurer is not an eye witness to the accident. The Tribunal, noticing the material on record, held that the driver of truck was negligent in causing the accident in question. The said finding recorded by the Tribunal is just and proper, in view of the fact that the charge sheet has been filed against the driver of truck and no complaint has been lodged by the driver of the truck alleging that the driver of car drove the same in a rash and negligent manner in causing the accident in question. The insurer of truck, apart from adducing the oral testimony of RW.1, has not placed any other material on - 20 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 record to rebut the charge sheet (Ex.P6) filed against the driver of truck. 14. In view of the aforementioned, the insurer of truck has failed in demonstrating that the finding of negligence recorded by the Tribunal is in any manner erroneous and is liable to be interfered with by this Court in these appeals. Hence, the question No.(i) framed for consideration is answered in negative. 15. Reg. question No.(ii):- Regarding quantum of compensation: In MFA No.103422/2017 and MFA No.103981/2017 (MVC No.2698/2016). 16. The claim petition is filed by the legal representatives of the deceased who was aged 40 years at the time of accident as is forthcoming from the Aadhar Card and the post-mortem report (Ex.P.5) which disclose the year of birth of the deceased as 1976. The deceased Nagaraj is stated to have been employed as a Lab Technician at - 21 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 Dr.Prabhakar Kore KLE Hospital, Belagavi and earning a monthly income of ₹13,301/-. The last pay certificate (Ex.P.7) dated 27.03.2017 issued by the employer of the deceased discloses that the deceased was working as a Senior Lab Technician and his earnings are mentioned as ₹13,301/-. However, the employer of the deceased has not been examined nor any other documents like bank account extract, etc., have been produced to demonstrate that the deceased was earning monthly salary as averred. The Tribunal noticing Ex.P.7 has assessed the income of deceased as ₹13,301/-. In the absence of any other documents, it is just and proper that the income of the deceased be re-assessed as notional income as per the chart stipulating the notional income followed for settlement of cases by the Karnataka State Legal Services Authority. Having regard to the date of accident, the income is re-assessed as ₹8,750/- p.m. - 22 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 17. Further, the Tribunal has assessed the future prospects as 50%. Although the claimant was stated to be working as a Lab Technician at Prabhakar Kore Hospital and Medical Centre, Belagavi, apart from the last pay certificate (Ex.P.7), no other document is produced to demonstrate that the deceased was holding a permanent job. Hence, having regard to the judgment of the Hon’ble Supreme Court in National Insurance Company Limited vs. Pranay Sethi and others3, future prospects between the ages 40-50 is to be assessed at 25%. The claimants are the wife and two children of the deceased who are three in number. Hence 1/3rd of the income ought to be deducted towards personal expenses. Hence, the income of the deceased for the purpose of assessment of loss of dependency is re-assessed as ₹7,292/- (₹8,750/- + 25% - 1/3rd). The appropriate multiplier is 15. Accordingly, loss of dependency is re-assessed as ₹13,12,560/- (₹7,292/- (income) x 12 (months) x 15 (multiplier). 3 (2017) 16 Supreme Court Cases 680 - 23 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 18. Loss of consortium is to be awarded in terms of the judgment of the Hon’ble Supreme Court in Magma General Insurance Co. Ltd., vs. Nanu Ram and others4, at ₹40,000/- to each of the claimants together with 10% increment. Accordingly loss of consortium is re-assessed as ₹1,32,000/- (₹40,000/- + 10% x 3), as against ₹1,00,000/- awarded by the Tribunal. Loss of estate and funeral expenses is to be awarded in a sum of ₹16,500/- each, as against ₹25,000/- awarded by the Tribunal. The compensation of ₹1,00,000/- each to the petitioners No.2 and 3 towards loss of love and affection is liable to be set aside. 19. In view of the same, the compensation is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1. Loss of dependency. 15,96,120 13,12,560 2. Loss of consortium. 1,00,000 1,32,000 3. Loss of estate. - 16,500 4 (2018) 18 Supreme Court Cases 130 - 24 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 4. Funeral expenses. 25,000 16,500 5. Loss of future prospects. 7,98,060 - 6. Loss of love and affection. 2,00,000 - Total: 27,19,200 14,77,560 20. Hence, the claimants are entitled to total compensation of ₹14,77,560/- as against ₹27,19,200/- awarded by the Tribunal. In MFA No.103413/2017 and MFA No.103982/2017 (MVC No.2699/2016). 21. The claim petition is filed by the legal representative of the deceased who was aged 38 years at the time of accident as is forthcoming from the Aadhar Card and the post-mortem report (Ex.P.10), which discloses the year of birth of the deceased as 1978. The deceased Shashikant is stated to have been employed as a Junior Lab Technician at Dr.Prabhakar Kore KLE Hospital and Medical Centre, Belagavi and earning a monthly income of ₹9,201/-. The last pay certificate (Ex.P.11) dated 27.02.2017 issued by - 25 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 the employer of the deceased discloses that the deceased was working as a Junior Lab Technician and his earnings are mentioned as ₹9,201/-. However, the employer of the deceased has not been examined nor any other documents have been produced like bank account extract, etc., to demonstrate that the deceased was earning the monthly salary as averred. The Tribunal noticing Ex.P.11 has assessed the income of deceased as ₹9,201/-. In the absence of any other documents, it is just and proper that income of the deceased be re-assessed as notional income as per the chart stipulating the notional income followed for settlement of cases by the Karnataka State Legal Services Authority. Having regard to the date of accident, the income is re-assessed as ₹8,750/- p.m. 22. Further, the Tribunal has assessed the future prospects as 50%. Although the claimant was stated to be working as a Junior Lab Technician at Prabhakar Kore Hospital and Medical Centre, Belagavi, apart from the last - 26 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 pay certificate (Ex.P.11), no other document is produced to demonstrate that the deceased was holding a permanent job. Hence, having regard to the judgment of the Hon’ble Supreme Court in Pranay Sethi and others3, the future prospects up to the age of 40 is to be assessed at 40%. The claimant is the wife. Hence 1/3rd of the income ought to be deducted towards personal expenses. Hence, the income of the deceased for the purpose of assessment of loss of dependency is re-assessed as ₹8,167/- (₹8,750/- + 40% minus 1/3rd). The appropriate multiplier is 15. Accordingly the loss of dependency is re-assessed as ₹14,70,060/- [(₹8,167/- (income) x 12 (months) x 15 (multiplier)]. 23. Loss of consortium is to be awarded in terms of the judgment of the Hon’ble Supreme Court in Magma General Insurance Co. Ltd4, at ₹40,000/- together with 10% increment. Accordingly loss of consortium is re- assessed as ₹44,000/- (₹40,000/- + 10%), as against ₹1,00,000/- awarded by the Tribunal. Loss of estate and - 27 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 funeral expenses is to be awarded in a sum of ₹16,500/- each, as against ₹25,000/- awarded by the Tribunal. 24. In view of the same, the compensation is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1. Loss of dependency. 8,28,090 14,70,060 2. Loss of consortium. 1,00,000 44,000 3. Loss of estate. - 16,500 4. Funeral expenses. 25,000 16,500 5. Loss of future prospects. 4,14,045 - Total: 13,67,200 15,47,060 25. Hence, the claimants are entitled to total compensation of ₹15,47,060/- as against ₹13,67,200/- awarded by the Tribunal. In MFA No.103424/2017 and MFA No.103983/2017 (MVC No.2700/2016). 26. The deceased is aged 1½ years as on the date of accident as per the postmortem report (Ex.P.14). Hence the - 28 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 compensation is to be awarded in terms of the judgment of the Hon’ble Supreme Court in Kishan Gopal2. Accordingly, the compensation is re-assessed as ₹5,00,000/- as against ₹1,00,000/- awarded by the Tribunal. IN MFA Nos.103984/2017 and 103425/2017 (MVC No.2701/2016) 27. The deceased was stated to be aged 52 years as on the date of accident. However, the post mortem report (Ex.P15) discloses age of the deceased as 55 years. Hence, the appropriate multiplier is 11. The deceased was stated to be a tailor, earning ₹12,000/- per month. However, no documents have been produced to demonstrate the income of the deceased. The Tribunal has assessed the income of the deceased as ₹7,000/- per month. However, in the absence of any other documents, it is just and proper that income of the deceased be re-assessed as notional income as per the chart stipulating the notional income followed for settlement of cases by the Karnataka State Legal Services - 29 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 Authority. Having regard to the date of accident, the income is re-assessed as ₹8,750/- p.m. 28. The claimant is the son of the deceased, who is a major and married, having an independent income. The Tribunal, noticing the judgment of the Hon’ble Supreme Court in the case of Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another5, deducted 50% towards personal expenses. It is relevant to notice that the Hon’ble Supreme Court in the case of National Insurance Company Limited vs. Birender and others6, while considering the claim for compensation made by the major and married earning sons of the deceased, noticed that the sons were merely earning income between ₹1,00,000/- and ₹1,50,000/- per annum and were largely dependent on the earning of their deceased mother and were staying with her. The Hon’ble Supreme Court in the case of Seema Rani and others vs. Oriental Insurance Co. Ltd. 5 (2009) 6 SCC 121. 6 (2020) 11 SCC 356. - 30 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 and others7 , considering the claim for compensation made by the son of deceased, who was a major and gainfully employed, noticed that he was working at a petrol pump and the other son was involved in temporary employment opportunities only and both of them were residing with the deceased. Hence, the Hon’ble Supreme Court followed the ratio laid down in the case of Birender and others6 and deducted 1/4th towards personal expenses. A Co-ordinate Bench of this Court in the case of Geeta Hukumchand Bagewadi vs. Sundarawwa Shivaray Naikhe and others8, while considering a claim of compensation made by the wife and other major sons of the deceased held that only the wife would qualify as a dependent and deducted 50% towards personal expenses. 29. In the facts of present case, the claimant being the son of deceased and her sole legal representative and the Tribunal having deducted 50% towards personal 7 2025 SCC Online SC 283. 8 MANU/KA/3514/2019 - 31 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 expenses, there is no material on record to interfere with the deduction made by the Tribunal. 30. The deceased, being 55 years as on the date of accident, 10% of the income is required to be added towards loss of future prospects, in view of the judgments of Hon’ble Apex Court in the case of Pranay Sethi and others3 and the case of Sarla Verma and others5. The appropriate multiplier is 11. Accordingly, loss of dependency is re-assessed as ₹6,35,250/- [(₹8,750/- (income) + 10% (future prospects) minus 50% (personal expenses) x 12 (months) x 11 (multiplier)]. 31. There is only one claimant i.e., the son of the deceased and he is entitled to compensation under the head of loss of consortium of ₹40,000/- together with increment of 10%, in terms of the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Ltd.,4 and accordingly loss of consortium is re-assessed as ₹44,000/- (₹40,000/- + 10% x 1). - 32 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 32. Further, a compensation of ₹16,500/- each is awarded under the head ‘funeral expenses’ and loss of estate including 10% escalation. 33. Thus, the quantum of compensation is re-assessed as under: Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1. Loss of dependency. 4,62,000 6,35,250 2. Loss of consortium. - 44,000 3. Loss of love and affection. 50,000 - 4. Funeral expenses. 25,000 16,500 5. Loss of future prospects. - - 6. Loss of estate - 16,500 Total: 5,37,000 7,12,250 34. Hence, the claimant is entitled for total compensation of ₹7,12,250/- as against ₹5,37,000/- awarded by the Tribunal. 35. The Tribunal has awarded interest @ 9% p.a. However, taking judicial notice of the rate of interest - 33 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 awarding to the fixed deposits, it is just and proper to award interest @ 7% p.a. 36. Hence the question No.(ii) framed for consideration is answered in the negative. 37. In view of the aforementioned, the following: ORDER i) MFA Nos.103981, 103982, 103983 and 103984 of 2017, filed by the insurer of the offending truck are partly allowed. ii) MFA Nos.103423, 103424 and 103425 of 2017 filed by the claimants are partly allowed. iii) MFA No.103422/2017 filed by the claimants is dismissed. iv) The common judgment dated 29.08.2017, passed in MVC Nos.2698, 2699, 2700 and 2701 of 2016 and the awards passed therein, by the XI Additional District and - 34 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 Sessions Judge and Additional MACT, Belagavi, are modified as under: a) The appellants in MFA No.103422/2017 (claimants in MVC No.2698/2016) are entitled to a total compensation of ₹14,77,560/- together with interest @ 7% p.a. from the date of petition till the date of payment, as against ₹27,19,200/- awarded by the Tribunal; b) The appellant in MFA No.103423/2017 (claimant in MVC No.2699/2016) is entitled to a total compensation of ₹15,47,060/- together with interest @ 7% p.a. from the date of petition till the date of payment, as against ₹13,67,200/- awarded by the Tribunal; c) The appellant in MFA No.103424/2017 (claimant in MVC No.2700/2016) is entitled to a total compensation of ₹5,00,000/- together with interest @ 7% p.a. from the date of petition till the date of payment, as against ₹1,00,000/- awarded by the Tribunal; d) The appellants in MFA No.103425/2017 (claimant in MVC No.2701/2016) - 35 - NC: 2025:KHC-D:6166-DB MFA No. 103981 of 2017 C/W MFA No. 103422 of 2017 MFA No. 103423 of 2017 MFA No. 103424 of 2017 MFA No. 103425 of 2017 MFA No. 103982 of 2017 MFA No. 103983 of 2017 MFA No. 103984 of 2017 is entitled to a total compensation of ₹7,12,250/- together with interest @ 7% p.a. from the date of petition till the date of payment, as against ₹5,37,000/- awarded by the Tribunal; v) The judgment and award of the Tribunal in all other respects remain unaltered. vi) The compensation shall be deposited in terms of the judgment of the Tribunal, within six weeks from today. vii) The amount in deposit, if any, along with records of the Tribunal to be transmitted to the Tribunal forthwith for disbursement. No costs. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP para 1 to 13 and 26 to 33. MRK para 14 to 25 and 34 to end. CT: UMD List No.: 1 Sl No.: 14