- 1 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103183 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.103263 OF 2022 MISCELLANEOUS FIRST APPEAL NO.100097 OF 2023 MISCELLANEOUS FIRST APPEAL NO.100112 OF 2024 MFA CROSS OBJ NO.100033 OF 2023 IN M.F.A. NO.103183 OF 2022: BETWEEN: THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-591312, REPRESENTED BY DULY CONSTITUTED ATTORNEY. …APPELLANT (BY SRI S.V. YAJI, ADVOCATE) AND: 1. SHRI MOIN S/O. ISMAIL BALEKUNDRI, AGE. 25 YEARS, OCC. CLEANER AND HAMALI (NOW NIL) R/O. SAMPAGAON, TQ. BAILHONGAL, DIST. BELAGAVI-591125. 2. SHRI MUJIBAKHAN DADEKHAN PATHAN, AGE. 52 YEARS, OCC. BUSINESS, R/O. ATTAR GALLI, SHINDHIKURBET, TQ. GOKAK, DIST. BELAGAVI-591306. …RESPONDENTS (BY SMT. GEETHA K.M., ADVOCATE FOR R1; R2-NOTICE HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.07.2022 PASSED IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 MVC NO.988/2020 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AND TO MODIFY THE AWARD AGAINST THE APPELLANT AND ETC., IN M.F.A. NO.103263 OF 2022: BETWEEN: THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI-590001, REPRESENTED BY DULY CONSTITUTED ATTORNEY. …APPELLANT (BY SRI S.V. YAJI, ADVOCATE) AND: 1. SHRI ASLAM MEHABUBSUBANI AMBADAGATTI, AGE. 25 YEARS, OCC. HAMALI (NOW NIL), R/O. SAMPAGAON, TQ. BAILHONGAL, DIST. BELAGAVI-591125. 2. SHRI MUJIBAKHAN DADEKHAN PATHAN, AGE. 47 YEARS, OCC. TRANSPORT BUSINESS, R/O. SAMPAGAON, TQ. ATTAR GALLI, SHINDHIKURBET, TQ. GOKAK, DIST. BELAGAVI-591306. …RESPONDENTS (BY SRI MADANMOHAN M.KHANNUR, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.09.2022 PASSED IN MVC NO.291/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-BAILHONGAL, AND TO MODIFY THE AWARD AGAINST THE APPELLANT AND ETC., IN M.F.A. NO.100097 OF 2023: BETWEEN: SHRI ASLAM S/O. MEHABUBSUBANI AMBADAGATTI, AGE. 23 YEARS, - 3 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 OCC. HAMALI COOLIE, (NOW NIL) R/O. SAMPAGAON, TQ. BAILHONGAL-591102, DIST. BELAGAVI. …APPELLANT (BY SRI MADANMOHAN M.KHANNUR, ADVOCATE) AND: 1. SHRI MUJIBAKHAN W/O. DADEKHAN PATHAN, AGE. 45 YEARS, OCC. TRANSPORT BUSINESS, R/O. SAMPAGAON, NOW AT A/P. ATTAR GALLI, SHINDIKURBET, TQ. GOKAK, DIST. BELAGAVI. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, CLUB ROAD, BELAGAVI-590001, KARNATAKA. …RESPONDENTS (BY SRI S.V. YAJI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.09.2022 IN M.V.C. NO.291/2020 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN M.F.A. NO.100112 OF 2024: BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI-590001, KARNATAKA, REP. BY DULY CONSTITUED ATTORNEY. …APPELLANT (BY SRI S.V. YAJI, ADVOCATE) - 4 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 AND: 1. SRI MAKUTUMSAB KARIMSAB JAMADAR, AGE. 61 YEARS, OCC. DRIVER (NOW NIL), R/O. AT. AND POST. SHINDIKURBET, NOW AT SAMPAGAON, TQ. BAILHONGAL, DIST. BELAGAVI-591306. 2. MUJIBAKHAN DADEKHAN PATHAN, AGE. 48 YEARS, OCC. TRANSPORT BUSINESS, R/O. SAMPAGAON, NOW AT ATTARGALLI, SHINDIKURBET, TQ. GOKAK, DIST. BELAGAVI-591306. …RESPONDENTS (NOTICE TO R1 IS SERVED; R2-DECEASED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.09.2023, PASSED IN ECA NO.1/2021, ON THE FILE OF THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, BAILHONGAL, CONSEQUENTLY, THE CLAIM PETITION FILED BY THE RESPONDENT NO.1 MAY KINDLY BE DISMISSED AGAINST THIS APPELLANT AND ETC., IN M.F.A. CROSS OBJ NO.100033 OF 2023: BETWEEN: SHRI MOIN S/O. ISMAIL BALEKUNDRI, AGE. 26 YEARS, OCC. CLEANER AND HAMALI (NOW NIL), R/O. SAMPAGAON, TALUKA. BAILHONGAL, DIST. BELAGAVI-591125. …CROSS OBJECTOR (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. MR. MUJIBAKHAN S/O. DADEKHAN PATHAN, AGE. 53 YEARS, OCC. BUSINESS, R/O. ATTAR GALLI, SHINDHIKURBET, TALUKA. GOKAK, DIST. BELAGAVI-591218. - 5 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 (OWNER OF MAHINDRA PICKUP GOODS VEHICLE BEARING NO. MH-07/5034) 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE AT CLUB ROAD, BELAGAVI-590001, (INSURER OF THE MAHINDRA PICKUP GOODS VEHICLE BEARING NO MH-07/5034) POLICY NO.68040531180100002204 VALID FROM 06-02-2019 TO 05-02-2020. RESPONDENTS (BY SRI S.V. YAJI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA. CROB IN MFA NO.103183/2022 IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.07.2022 PASSED IN MVC NO.988/2020 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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., THESE MISCELLANEOUS FIRST APPEALS AND MFA CROB, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) All the appeals and cross appeal are arising out of the same accident. Hence, they are taken up together for common discussion on the facts and circumstances involved in the case. - 6 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 2. MFA Nos.103183 and 103263 of 2022 and MFA No.100112 of 2024 are filed by the Insurance Company challenging the liability fastened on it as well as seeking reduction of quantum of compensation awarded by the Tribunal in the judgment and award dated 25.07.2022 passed in MVC No.988/2020 on the file of VIII Additional District Judge and IX Additional MACT, Belagavi and in the judgment and award dated 01.09.2022 passed in MVC No.291/2020 on the file of Senior Civil Judge and Additional MACT, Bailhongal, also the judgment and award dated 01.09.2023 passed in ECA No.01/2021 by the Court of Senior Civil Judge and Commissioner for Employee’s compensation, Bailhongal (hereinafter referred to as ‘the Tribunal’ for short). Whereas the MFA No.100097/2023 and MFA Crob.No.100033/2023 are filed by the claimants seeking enhancement of compensation. - 7 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. BRIEF FACTS IN ALL THE CASES ARE AS FOLLOWS: 4. It is the case of claimants that on 21.01.2020 the claimant was working as a cleaner on Mahindra Pickup Goods Vehicle bearing Reg.No.MH-07/5034 and after loading the cotton in Munavalli and nearby villages while they were returning for transportation of cotton and came near Badli village on Bailhongal-Munavalli road at about 03.40 p.m. the driver of the said vehicle driven the same with high speed and in a rash and negligent manner and has lost control over the said vehicle, turtled down the said vehicle in a ditch by the side of road, as a result the claimant has sustained injuries. - 8 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 IN MFA No.103183/2022 and MFA Crob.No.100033/2023 (MVC No.988/2020): 5. Upon claim petitions filed by the claimant before the Tribunal, the Tribunal has awarded a compensation of Rs.7,73,080/- along with interest at the rate of 6% p.a. from the date of petition till its realization by fastening liability equally both on the owner and insurer of the Mahindra Pickup Goods Vehicle bearing Reg.No.MH- 07/5034. 6. Learned counsel for the Insurance Company/appellant submitted that the vehicle is Mahindra Pickup Goods Vehicle and the seating capacity of the said vehicle is 1+1 and the persons who were travelling in the vehicle are driver, cleaner and one Hamali. Therefore, it is contended by the Insurance Company that since seating capacity is 1+1 the Insurance Company is liable to pay only for two persons. Therefore, it is submitted the Insurance Company is liable to exonerated since there - 9 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 were three persons travelling in the vehicle and sustained injuries. 7. Since Ex.R-1-Insurance Policy, which covers the risk of driver, cleaner and Hamali, the Insurance Company is liable to indemnify the owner in respect of driver, cleaner and Hamali. Here in the present case, the injured are driver, cleaner and Hamal hence, the risk is covered. Therefore, in this regard, there is no need to make interference on the liability. 8. From the medical evidence on record, it is proved that claimant has suffered following injuries: “Grievous fractured injuries to the right ear, hands, legs, head and other parts of the body” 9. Considering the nature of injuries sustained, compensation awarded by Tribunal is found to be on higher side. Therefore, same is required to be reduced by modifying the judgment and award. - 10 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 10. PW-2/Doctor has stated that claimant had suffered 20% permanent physical disability. Whereas, the ENT Surgeon had stated that claimant has suffered 8% disability to the whole body as per Ex.P-10 – report of disability, but the Tribunal has taken 10% as permanent physical disability, which is found to be correct as the claimant has sustained injuries in the accident that occurred on 21.01.2020. 11. The accident is caused in the year 21.01.2020. In absence of proof of income of the claimant, notional income of Rs.13,750/- p.m. is to be taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 24 years at the time of accident and the appropriate multiplier applicable is ‘18’. Hence, ‘loss of future income due to disability’ is hereby reassessed and quantified as under: Rs.13,750/- x 10% x 18 x 12 = Rs.2,97,000/- - 11 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 12. The Tribunal has committed an error in adding income towards ‘loss of future prospectus in life’. Since the disability suffered by the claimant is only 10%, adding income is not significant one. Hence, addition of income to ‘loss of future prospectus in life’ is hereby set aside. 13. Considering the injuries sustained the Tribunal has awarded a compensation of Rs.30,000/- towards ‘pain and suffering’, which is found to be correct. Hence, the same is kept intact. 14. Considering the injuries suffered by the claimant, a sum of Rs.25,000/- is awarded towards ‘loss of amenities’. 15. The compensation of Rs.82,000/- awarded towards ‘medical expenses’ and ‘hospital charges’, is based on the actual bills and receipts produced by the claimant and as such, same is kept intact. - 12 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 16. Further, a sum of Rs.20,000/- is awarded towards ‘incidental expenses’ like food, nourishment, traveling, attendant charges, etc. 17. Further, a sum of Rs.55,000/- (Rs.13,750/- x 4) is awarded towards ‘loss of income during laid up period’ for a period of 4 months. 18. In the present case, the claimant is a bachelor, who has sustained injuries and also disfigurement to his face, as such the Tribunal has awarded a compensation of Rs.1,00,000/- under the head ‘disfigurement to face’ and a compensation of Rs.50,000/- awarded under the head ‘marriage prospectus’, which are found to be just and proper. Hence, the same is kept intact. 19. Thus, the claimant is entitled for total compensation under various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 30,000/- 2. Towards medical expenses. 82,000/- - 13 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 3. Towards loss of amenities. 25,000/- 4. Towards loss of income during laid up period and medical treatment period. 55,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 20,000/- 6. Towards loss of future earning capacity. 2,97,000/- 7. Towards disfigurement to face 1,00,000/- 8. Towards marriage prospectus 50,000/- Total: 6,59,000/- 20. Therefore, the claimant is entitled for total compensation of Rs.6,59,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,73,080/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA No.103263/2022 and MFA No.100097/2023 (MVC No.291/2020): 21. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: - 14 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 “Fracture of Transverse process of L4 vertegra right.” 22. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 40,000/- 2. Towards medical expenses. 15,500/- 3. Towards diet, food, nourishment, attendant and conveyance charges. 3,000/- 4. Towards loss of future earning capacity due to permanent disability. 3,56,400/- 5. Towards loss of amenities and enjoyment of life. 22,000/- 6. Towards loss of income during laid up period. 22,000/- Total: 4,58,900/- 23. Considering the nature of injuries sustained, total compensation awarded by the Tribunal is on lesser side and as such, same is required to be enhanced by modifying the judgment and award. 24. The doctor has stated that the claimant had suffered 15% of permanent physical disability to the whole - 15 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 body. Therefore, considering the evidence of doctor 15% functional disability is taken into consideration as the claimant had suffered fracture of transverse process of L4 vertebra right. The accident is caused in the year 2020, but the claimant has not produced any document to show that as to what is his actual income. Therefore, notional income of Rs.13,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. 25. The claimant was aged 24 years at the time of accident and the appropriate multiplier applicable is ‘18’. Hence, loss of future income due to disability is hereby reassessed and quantified as under: Rs.13,750/- x 15% x 18 x 12 = Rs.4,45,500/-. 26. Considering the injuries sustained, a compensation of Rs.50,000/- is awarded towards ‘pain and suffering’ and a sum of Rs.50,000/- is awarded towards ‘loss of amenities’. - 16 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 27. The compensation awarded towards ‘medical expenses’ and ‘hospital charges’ of Rs.15,500/- is based on the actual bills and receipts produced by the claimant. Hence, same is kept intact. 28. Further, a sum of Rs.10,000/- is awarded towards ‘incidental expenses’ like food, nourishment, traveling, attendant charges, etc. 29. Further, a sum of Rs.41,250/- (Rs.13,750/- x 3) is awarded towards ‘loss of income during laid up period’ for a period of 3 months. 30. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 50,000/- 2. Towards medical expenses. 15,500/- 3. Towards loss of amenities. 50,000/- 4. Towards loss of income during laid up period and medical treatment period. 41,250/- - 17 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 10,000/- 6. Towards loss of future earning capacity. 4,45,500/- Total: 6,12,250/- 31. Further, the Tribunal while awarding compensation has awarded rate of interest at the rate of 9%, but the same is scaled down to 6% p.a. 32. In view of the above, the claimant is entitled for total compensation of Rs.6,12,250/- along with interest at the rate of 6% p.a. from the date of filing the petition till realization as against Rs.4,58,900/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within a period of eight weeks from the date of receipt of certified copy of this judgment. IN MFA No.100112/2024 (ECA No.1/2021): 33. In the present case, the claimant has sustained employment injuries being a driver out of and in the - 18 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 course of employment under the owner of the Mahindra Pickup Goods vehicle bearing Reg.No.MH-07/5034. 34. Upon the claim made by the claimant the Commissioner has awarded a compensation of Rs.1,82,045/- along with interest at the rate of 12% p.a. from the date of accident till its realization. 35. Considering the parameters held by the learned Commissioner that the accident has occurred on 21.01.2020, the monthly wages fixed at Rs.15,000/- is found to be correct. Further, the percentage of disability assessed by the learned Commissioner at 15% and also the relevant factor considered is as per the age of the claimant, is found to be correct. Hence, there is no need to make interference with the judgment and award passed by the learned Commissioner. As such, the appeal is liable to be dismissed and accordingly, it is dismissed. In the result, I proceed to pass the following: - 19 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 ORDER i. The appeal filed by the Insurance Company in MFA No.103183/2022 is allowed in part. ii. The appeals filed by the Insurance Company in MFA Nos.103263/2022 and 100112/2024 are dismissed. iii. The appeal filed by the claimant in MFA No.100097/2023 is allowed. iv. The cross objection/appeal filed by the cross objector in MFA Crob.No.100033/2023 is dismissed. v. The appellant/claimant in MFA No.100097 is entitled to total compensation of Rs.6,12,250/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization as against compensation of Rs.4,58,900/- awarded by the Tribunal. vi. The cross objector in MFA No.100033/2023 is entitled to total compensation of Rs.6,59,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,73,080/- awarded by the Tribunal. - 20 - NC: 2025:KHC-D:4025 MFA No. 103183 of 2022 C/W MFA No. 103263 of 2022 MFA No. 100097 of 2023 MFA No. 100112 of 2024 MFA CROB. No. 100033 of 2023 vii. In MFA No.100097/2023, the Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of copy of this judgment. viii. The excess amount, if any, shall be transmitted to the appellant/Insurance Company in MFA No.103183/2022. ix. Registry is directed to draw the award accordingly. x. Send back the trial Court records to the Tribunal along with copy of this judgment. xi. No order as to costs. xii. Pending applications, if any, stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 29