- 1 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100590 OF 2020 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.101492 OF 2019 MISCELLANEOUS FIRST APPEAL NO.100591 OF 2020 MISCELLANEOUS FIRST APPEAL NO.101187 OF 2020 MISCELLANEOUS FIRST APPEAL NO.101188 OF 2020 IN M.F.A. NO.100590 OF 2020 BETWEEN: RELIANCE GENERAL INSURANCE CO. LIMITED, HAVING IT’S DIVISIONAL OFFICE AT MAHADEV PLAZA, CTS NO.10719, SY. NO.1357/A, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI-590010, REPRESENTED BY ITS AUTHORIZED SIGNATORY (INSURER OF 407 GOODS VEHICLE BEARING REG. NO.KA29/3746, POLICY NO.1410442334000117 VALID FROM 27.03.2014 TO 26.03.2015) …APPELLANT (BY SRI G.N. RAICHUR, ADVOCATE (V/C)) AND: 1. SHRI G. ANIL KUMAR S/O. RAMAIAH, AGE: 31 YEARS, OCC: ACCOUNTANT, NOW NIL, R/O. ATTAR GALLI SAMBRA, TQ: AND DIST: BELAGAVI-590023. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 2. SHRI. MOHAMMEDAIL BUDESAB BEPARI, AGE: 40 YEARS, OCC: BUSINESS, R/O. H.NO.165, SUBHASH GALLI, NEW VANTAMURI, BELAGAVI-590013. (OWNER OF 407 GOODS VEHICLE BEARING REG. NO.KA.29/3746) 3. SHRI RAJU @ RAJESH S/O. FAKIRA JOGANI, R/O. MAHATMA GULE GALLI, SAMBRA, TQ: AND DIST: BELAGAVI-590023. 4. THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI-590010, REPRESENTED BY ITS AUTHORIZED SIGNATORY, DIVISIONAL MANAGER. …RESPONDENTS (BY SMT. GEETHA K.M., ADVOCATE FOR R1; SRI SANTOSH S.HATTIKATAGI, ADVOCATE FOR R2; NOTICE TO R3 IS SERVED; SRI RAVINDRA R.MANE, ADVOCATE FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 07.11.2019 PASSED BY IN THE COURT OF THE X ADDITIONAL DISTRICT AND MEMBER, ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN M.V.C. NO.604/2015 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND REDUCING THE COMPENSATION AWARDED BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN M.F.A. NO.101492 OF 2019 BETWEEN: THE DIVISIONAL MANAGER, THE RELIANCE GENERAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MAHADEV PLAZA, CTS NO.10719, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI-590001, (INSURER OF 407 GOODS VEHICLE BEARING REGN.NO.KA-29/3746 POLICY NO.14104423340001 - 3 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 VALID FROM 27.03.2014 TO 26.03.2015 REPRESENTED BY THE AUTHORIZED SIGNATORY. …APPELLANT (BY SRI G.N. RAICHUR, ADVOCATE (V/C)) AND: 1. MR. RAVI S/O. MAHADEV LOHAR, AGE: 27 YEARS, OCC: PAINTING (NOW NIL) R/O: H.NO.125, MARUTI GALLI, SAMBRA, TALUKA AND DIST: BELAGAVI-590001. 2. SHRI. MAHAMMEDALI BUDESAB BEPARI, AGE: 38 YEARS, OCC: BUSINESS, R/O: H.NO.165, SUBHASH GALLI, NEW VANTAMURI, BELAGAVI-590001, (OWNER OF 407 GOODS VEHICLE BEARING NO.KA-29/3746) R/O. MUSLIMGALLI, SIRSI, (SON OF DECEASED) 3. SHRI RAJESH S/O. FAKIRA JOGANI, AGE: 27 YEARS, OCC: MASON, R/O: MAHATMA PHULE GALLI, SAMBRA, TALUKA AND DIST:BELAGAVI-590004. (RC OWNER OF MOTOR CYCLE BEARING REG NO.KA-22/EM-9294) 4. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590003. (INSURER OF MOTOR CYCLE BEARING REGN. NO.KA-22/EM-9224) …RESPONDENTS (BY SRI RAVIDNRA R.MANE, ADVOCATE FOR R4; NOTICE TO R1 TO R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.08.2018 PASSED BY THE - 4 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC NO.281/2016, BY REDUCING THE COMPENSATION BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN M.F.A. NO.100591 OF 2020 BETWEEN: THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE CO. LIMITED, HAVING IT’S DIVISIONAL OFFICE AT MAHADEV PLAZA, CTS NO.10719, SY. NO.1357/A, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI-590010, REPRESENTED BY ITS AUTHORIZED SIGNATORY (INSURER OF 407 GOODS VEHICLE BEARING REG. NO. KA-29/3746, POLICY NO.1410442334000117 VALID FROM 27.03.2014 TO 26.03.2015) …APPELLANT (BY SRI G.N. RAICHUR, ADVOCATE V/C) AND: 1. SHRI RAJU @ RAJESH S/O. FAKIRA JOGANI, AGE: 26 YEARS, OCC: MASON, NOW NIL, R/O. MAHATMA FULE GALLI, SAMBRA, TQ: AND DIST: BELAGAVI-590023. 2. SHRI MOHAMMEDALI BUDESAB BEPARI, AGE: 40 YEARS, OCC: BUSINESS, R/O: H.NO.165, SUBHASH GALLI, NEW VANTAMURI, BELAGAVI-590013. (OWNER OF 407 GOODS VEHICLE BEARING REG. NO.KA.29/3746) …RESPONDENTS (BY SMT. GEETHA K.M., ADVOCATE FOR R1; SRI SANTOSH S.HATTIKATAGI, ADVOCATE FOR R2) - 5 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 07.11.2019 PASSED BY THE COURT OF THE X ADDITIONAL DISTRICT AND MEMBER OF ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC NO.605/2015 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND REDUCING THE COMPENSATION AWARDED BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN M.F.A. NO.101187 OF 2020 BETWEEN: SHRI G. ANILKUMAR S/O. G.RAMAIAH, AGE: 30 YEARS, OCC: ACCOUNTANT (NOW NIL), R/O: ATTAR GALLI, SAMBRA, TQ: AND DIST: BELAGAVI-591124. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. SHRI. MOHAMMEDALI BUDESAB BEPARI, AGE: 40 YEARS, OCC: BUSINESS, R/O: H.NO.165, SUBHASH GALLI, NEW VANTAMURI, BELAGAVI-590010. (OWNER OF 407 GOODS VEHICLE BEARING REG.NO.KA-29/3746) 2. THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., HAVING ITS DIVISIONAL OFFICE AT MAHADEV PLAZA, CTS NO.10719, SY.NO.1357/A, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI-590010. (INSURER OF 407 GOODS VEHICLES BEARING REG.NO.KA-29/3746, POLICY NO.1410442334000117, VALID FROM 27.03.2014 TO 26.03.2015) - 6 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 3. SHRI RAJU @ RAJESH S/O. FAKIRA JOGANI, R/O: MAHATMA FULE GALLI, SAMBRA, TQ: AND DIST: BELAGAVI-591124. 4. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI SANTOSH S.HATTIKATAGI, ADVOCATE FOR R1; SRI G.N. RAICHUR, ADVOCATE FOR R2 (V/C); R3-SERVICE OF NOTICE DISPENSED WITH; SRI. N.R. KUPPELUR, 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 07.11.2019 PASSED BY THE COURT OF THE X ADDITIONAL DISTRICT AND MEMBER OF ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC NO.604/2015 BY ENHANCING 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.101188 OF 2020 BETWEEN: SHRI. RAJU @ RAJESH S/O. FAKIRA JOGANI, AGE: 26 YEARS, OCC: MASON (NOW NIL), R/O: MAHATMA FULE GALLI, SAMBRA, TQ: AND DIST: BELAGAVI-591124. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. SHRI. MOHAMMEDALI BUDESAB BEPARI, AGE: 40 YEARS, OCC: BUSINESS, R/O: H.NO.165, SUBHASH GALLI, NEW VANTAMURI, BELAGAVI-590010. (OWNER OF 407 GOODS VEHICLE BEARING REG.NO.KA-29/3746). - 7 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 2. THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., HAVING ITS DIVISIONAL OFFICE AT MAHADEV PLAZA, CTS NO.10719, SY.NO.1357/A, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI-590010. (INSURER OF 407 GOODS VEHICLES BEARING REG.NO.KA-29/3746, POLICY NO.1410442334000117, VALID FROM 27.03.2014 TO 26.03.2015) …RESPONDENTS (BY SRI SANTOSH S.HATTIKATAGI, ADVOCATE FOR R1; SRI G.N. RAICHUR, ADVOCATE FOR R2 (V/C) 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 07.11.2019 PASSED BY IN THE COURT OF X ADDITIONAL DISTRICT AND MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, IN MVC NO.605/2015 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. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 8 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA Nos. 100590/2020 and 100591/2020 are filed by the Insurance Company questioning the order of pay and recovery is made. MFA Nos.101187/2020 and 101188/2020 are filed by the claimants seeking enhancement of compensation awarded by the Tribunal by common judgment and award dated 07.11.2019 passed in MVC No.604/2015 on the file of X Addl. District and Member of Addl. MACT, Belagavi. 2. MFA No.101492/2019 filed by the Insurance Company challenging the judgment and award dated 21.08.2018 passed in MVC No.281/2016 on the file of IV Addl. District and Sessions Judge and Addl. MACT, Belagavi. 3. The factum of accident, injuries sustained by the claimant are not in dispute. The disputed question is - 9 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 whether Insurance Company is liable to pay compensation or not. 4. Heard the arguments and perused the material placed before the Court. 5. The brief facts of the case are that the claimants were travelling in the Goods Tempo bearing Reg.No.KA-29/3746 and dashed against the motorcycle bearing Reg.No.KA-22/EM-9294 coming from the opposite direction and caused the accident and as a result, the claimants sustained grievous injuries and therefore, filed claim petition. The tribunal has awarded compensation but exonerated insurance company on the reason that the claimants have travelled in the Goods vehicle. Accordingly, the order of pay and recovery is made to the effect that directing the insurance company to pay the compensation then recover it from the owner of Goods Tempo. 6. This order of pay and recovery is challenged by the insurance company. It is proved that the offending - 10 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 vehicle is a Goods Tempo and claimants have travelled in the Goods Tempo as unauthorized passengers. Therefore, the Tribunal is correct in exonerating the insurance company for payment of compensation to the claimants. But the Tribunal has passed order of pay and recovery. 7. As per sub-section (1), (5) and (7) of section 149 of the M.V.Act, and also as per the principle of law laid down by the Hon’ble Supreme Court in the cases of PAPPU AND OTHERS Vs. VINOD KUMAR LAMBA AND ANOTHER reported in (2018) 3 SCC 208; NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH AND OTHERS reported in (2004) 3 SCC 297; and also as per the Full Bench decision of this Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS. YELLAVVA AND ANOTHER reported in 2020 ACJ 2560, the Insurance Company shall satisfy the claim at the first instance to the claimants and then recover it from the owner of the offending vehicle. - 11 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 However, the Insurance Company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in ORIENTAL INSURANCE CO. LTD., VS. NANJAPPAN AND OTHERS, reported in 2004 AIR SCW 952. Regarding Quantum of Compensation IN MFA NO.101187/2020 (MVC No.604/2015) 8. Considering the nature of injuries sustained, disability suffered, the quantum of compensation awarded is found to be lesser side. Therefore, the claimant is entitled to enhancement of compensation. 9. From the medical evidence on record, it is proved that the claimant had suffered following injuries: - 12 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 i. Right femur compound IIIB Communited supracondylar fracture. ii. Right tibia, fibula, compound segmental fracture. 10. The claimant was aged about 26 years at the time of accident and was working as accountant. The accident was caused on 03.08.2015. Therefore, notional income of Rs.8,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The Tribunal has taken 20% as permanent physical disability which is on lower side. The claimant has suffered above said fractures and upon appreciating the medical evidence on record as well as evidence given by the doctor, it is assessed at 30% as permanent physical disability. The disability suffered by the claimant is significant in nature, which causes loss of future prospects in life. Therefore, considering the age of the claimant, 40% of income is added towards ‘loss of future prospects in life’ as per the judgments of Hon’ble - 13 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 Supreme Court in the cases of SIDRAM VS. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER1; NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI2 and the judgment of this Court in NEW INDIA ASSURANCE COMPANY VS. ABDUL S/O MEHABOOB TAHASILDAR3. Accordingly, the appropriate multiplier applicable is 17. Thus, loss of earning capacity due to disability is hereby reassessed and quantified as under: Rs.8000 + 3,200 (40% of Rs.8,000) = Rs.11,200/- Rs.11,200/- X 30/100 X 17 X 12 = Rs.6,85,440/- 11. Accordingly, the claimant is entitled for compensation of Rs.6,85,440/- under the head ‘loss of income due to disability’ and compensation awarded by the Tribunal under other heads are found to be current. Hence, other heads are kept in-tact. 1 (2023) 3 SCC 439 2 (2017) 16 SCC 680 3 MFA No.103807/2016 c/w MFA Nos.10835/2016 & 103807/2018 - 14 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 12. Thus, in all the claimants are entitled to total compensation under various heads as follows: Sl. No. Heads Amount(Rs.) 1. Towards pain and sufferings Rs.75,000/- 2. Towards medical and other incidental expenditure Rs.4,46,978/- 3. Towards loss of income during laid up period Rs.72,000/- 4. Loss of income due to disability Rs.6,85,440/- 5. Loss of happiness and future amenities Rs.30,000/- 6. Misc. expenses 20,000/- Total Rs.13,29,418/- 13. The claimants are entitled to total compensation of Rs.13,29,418/- as against Rs.8,88,778/- awarded by the Tribunal along with interest at 6% per annum, from the date of petition till the date of realization. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 15 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 IN MFA NO.101188/2020 (MVC No.605/2012) 14. Considering the nature of injuries sustained, disability suffered the quantum of compensation awarded is found to be lesser side. Therefore, the claimant is entitled to enhancement of compensation. 15. From the medical evidence on record, it is proved that the claimant had suffered following injuries: i. Fracture in proximal phalanx 5th finger left and 5th metacarpal. ii. Fracture distal end of radius and ulna left. 16. The claimant was aged about 19 years at the time of accident and was working as Mason. The accident was caused on 03.08.2015. Therefore, notional income of Rs.8,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The Tribunal has taken only 15% as permanent physical disability which is on lower side. The claimant has suffered above said fractures and upon appreciating - 16 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 the medical evidence on record as well as evidence given by the Doctor, it is assessed at 20% as permanent physical disability. The disability suffered by the claimant is significant in nature, which causes loss of future prospects in life. Therefore, considering the age of the claimant 40% of income is added towards ‘loss of future prospects in life’ as per the judgments of Hon’ble Supreme Court in the cases of SIDRAM VS. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER4; NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI5 and the judgment of this Court in NEW INDIA ASSURANCE COMPANY VS. ABDUL S/O MEHABOOB TAHASILDAR6. Accordingly, the appropriate multiplier applicable is 18. Thus, loss of earning capacity due to disability is hereby reassessed and quantified as under: 4 (2023) 3 SCC 439 5 (2017) 16 SCC 680 6 MFA No.103807/2016 c/w MFA Nos.10835/2016 & 103807/2018 - 17 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 Rs.8000 + 3,200 (40% of Rs.8,000) = Rs.11,200/- Rs.11,200/- X 20/100 X 18 X 12 = Rs.4,83,840/- 17. Accordingly, the claimant is entitled for compensation of Rs.4,83,840/- under the head ‘loss of income due to disability’ and compensation awarded by the Tribunal under other heads are found to be current. Hence, other heads are kept in-tact. 18. Thus, in all the claimants are entitled to total compensation under various heads as follows: Sl. No. Heads Amount(Rs.) 1. Towards pain and sufferings Rs.40,000/- 2. Towards medical and incidental expenditure Rs.12,000/- 3. Towards loss of income during laid up period Rs.36,000/- 4. Loss of future income or earnings Rs.4,83,840/- 5. Loss of happiness and future amenities Rs.20,000/- 6. Misc. expenses 5,000/- Total Rs.5,96,840/- 19. The claimants are entitled to total compensation of Rs.5,96,840/- as against Rs.2,96,600/- - 18 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 awarded by the Tribunal along with interest at 6% per annum, from the date of petition till the date of realization. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 20. Hence, I proceed to pass the following: ORDER i. All appeals are allowed-in-part. ii. In MFA No.101187/2020, the judgment and award dated 07.11.2019 passed in MVC.No.604/2015 on the file of X Addl. District and Member of Addl. MACT, Belagavi, is hereby modified and the claimants are entitled for total compensation of Rs.13,29,418/- along with interest @ 6% p.a., from the date of petition till its realization, as against the compensation of Rs.8,88,778/- awarded by the Tribunal. - 19 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 iii. In MFA No.101188/2020, the judgment and award dated 07.11.2019 passed in MVC.No.605/2015 on the file of X Addl. District and Member of Addl. MACT, Belagavi, is hereby modified and the claimants are entitled for total compensation of Rs.5,96,840/- along with interest @ 6% p.a., from the date of petition till its realization, as against the compensation of Rs.2,96,600/- awarded by the Tribunal. iv. The appellant/Insurance Company shall pay the compensation amount to the claimants at the first instance and then recover the same from the owner of the Goods Tempo. v. The Insurance Company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment - 20 - NC: 2025:KHC-D:2365 MFA No. 100590 of 2020 C/W MFA No. 101492 of 2019 MFA No. 100591 of 2020 MFA No. 101187 of 2020 MFA No. 101188 of 2020 of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in Oriental Insurance Co. Ltd., vs. Nanjappan and others, reported in 2004 AIR SCW 952. vi. The amount in deposit made by the Insurance Company shall be transmitted to the Tribunal forthwith. vii. Registry is directed to send back the TCR along with copy of this order forthwith. viii. No order as to costs. ix. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 49