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2025 DAILYLAW 47360 (KAR)

VASANT S/O VENKAPPA DADANATTI, v. SAROJINI @ SAROVA D/O PARAGOUDA TAKKANNAVAR,

MFA/102105/2015 · 2025-03-18

C M Poonacha, S G Pandit

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Judgment text

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- 1 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102158 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.101696 OF 2015 MISCELLANEOUS FIRST APPEAL NO.101697 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102101 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102102 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102103 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102104 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102105 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102106 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102107 OF 2015 MISCELLANEOUS FIRST APPEAL NO.102221 OF 2016 IN M.F.A. NO.102158 OF 2016 BETWEEN: PRAKASH S/O. GURULINGAPPA MUGHALKOD, AGE: 23 YEARS, OCC: STUDENT AND MILK VENDING, R/O: CHIMMAD, TALUK JAMKHANDI, DIST: BAGALKOT-587312. …APPELLANT (BY SRI PRASHANT S.KADADEVAR, ADVOCATE) AND: 1. SRI. BABU S/O. SHRIKANT TERADAL @ KAVATAKOPPA, AGE: 49 YEARS, OCC: AGRICULTURE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. R/O: MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI-591235. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT-307301. 3. SRI. VASANT S/O. VENKAPPA DADANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587312. 4. SRI. SIDDARATH S/O. SURENDRA RODAKAR, AGE: MAJOR, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT-587315. 5. SRI. SADASHIV S/O. PARAPPA CHITAGI, AGE: MAJOR, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587301. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT-587301. …RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R1; SMT. PREETI SHASHANK, ADVOCATE FOR R2 AND R6; NOTICE TO R3 AND R5 ARE SERVED; NOTICE TO R4 IS HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 28.02.2015, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT NO.V, JAMKHANDI, IN MVC NO.608/2007, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. IN M.F.A. NO.101696 OF 2015 BETWEEN 1. JAMEELA W/O. HUSAINSAB BEPARI, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 2. MANNASAB S/O. HUSAINSAB BEPARI, AGE: 30 YEARS, OCC: COOLIE, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 3. LALA S/O. HUSAINSAB BEPARI, AGE: 36 YEARS, OCC: COOLIE, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 4. MEENAJ W/O. IMAM BEPARI, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O: BAILHONGAL, DIST: BELAGAVI. 5. YASMEEN D/O. HUSAINSAB BEPARI, AGE: 23 YEARS, OCC: NIL, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 6. INTIYAZ S/O. HUSAINSAB BEPARI, AGE: 20 YEARS, OCC: NIL, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. ...APPELLANTS (BY SRI HARISH S.MAIGUR, ADVOCATE.) AND 1. BABU S/O. SHRIKANT TERADAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI. - 4 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 3. SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: MAHALINGPUR, TQ: MUDHOL, DIST: BAGALKOT. 4. SHRI. SIDDARATH S/O. SURENDRA RODAKAR, AGE: MAJOR, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 5. SHRI. SADASHIV S/O. PARAPPA CHITAGI, AGE: MAJOR, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R1; SMT. PREETI SHASHANK, ADVOCATE FOR R2 AND R6; NOTICE TO R4 IS HELD SUFFICIENT; NOTICE TO R3 AND R5 ARE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.637/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL NO.V, JAMKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. - 5 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. IN M.F.A. NO.101697 OF 2015 BETWEEN 1. BANU W/O. MUBARAK AINAPUR, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 2. MAKABULSAB S/O. RAJASAB AINAPUR, AGE: 68 YEARS, OCC: NIL, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 3. JAMEELA W/O. MAKABULSAB AINAPUR, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMAPUR, TQ: JAMKHANDI, DIST: BAGALKOT. ...APPELLANTS (BY SRI HARISH S.MAIGUR, ADVOCATE) AND 1. BABU S/O. SHRIKANT TERADAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 3. SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: MAJOR, OCC: BUSINESS, R/O: MAHALINGPUR, TQ: MUDHOL, DIST: BAGALKOT. 4. SHRI. SIDDARTH S/O. SURENDRA RODAKAR, AGE: MAJOR, OCC: BUSINESS, - 6 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 5. SHRI. SADASHIV S/O. PARAPPA CHITAGI, AGE: MAJOR, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI MALLIKARJUN C.HUKKERI, ADVOCATE FOR R1; SMT. PREETI SHASHANK, ADVOCATE FOR R2 AND R6; SRI SHRIHARSHA A.NEELOPANT, ADVOCATE FOR R3; NOTICE TO R4 IS HELD SUFFICIENT.) THIS MISCELLANEOUS FIRS APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY THE JUDGMENT AND AWARD DATED 28.02.2015, PASSED IN MVC NO.638/2007, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, JAMKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.102101 OF 2015 BETWEEN SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE) - 7 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. AND 1. GURULINGAPPA S/O. YAMANAPPA MUGHALKOD, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TQ: JAMKHANDI, DIST: BAGALKOT. 2. SMT. CHANDRAWWA W/O. GURULINGAPPA MUGHALKOD, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIMMAD, TQ: JAMKHANDI, DIST: BAGALKOT. 3. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ. RAIBAG, DIST: BELAGAVI. 4. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 5. SIDDARATH S/O. SURENDRA RODAKAR, AGE: 32 YEARS, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 6. SADASHIV S/O. PARAPPA CHITAGI, AGE: 30 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. ….RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R3; SMT. PREETI SHASHANK, ADVOCATE FOR R4; NOTICE TO R1, R2, R5 AND R6 ARE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE - 8 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.594/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI, INSOFAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102102 OF 2015 BETWEEN SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE.) AND 1. LAKKAPPA S/O. APPASAB BILLUR, AGE: 26 YEARS, OCC: STUDENT AND MILK SELLING, R/O: CHIMMAD, TQ: JAMKHANDI, DIST: BAGALKOT. 2. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 4. SIDDARATH S/O. SURENDRA RODAKAR, AGE: 30 YEARS, OCC: BUSINESS, - 9 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 5. SADASHIV S/O. PARAPPA CHITAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R2; SMT. PREETI SHASHANK, ADVOCATE FOR R3 AND R6; NOTICE TO R1, R4 AND R5 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.595/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI IN SO FAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102103 OF 2015 BETWEEN SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE) - 10 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. AND 1. PRAKASH S/O. GURULINGAPPA MUGHALKOD, AGE: 24 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TQ: JAMKHANDI, DIST: BAGALKOT. 2. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 4. SIDDARATH S/O. SURENDRA RODAKAR, AGE: 30 YEARS, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 5. SADASHIV S/O. PARAPPA CHITAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R2; SMT. PREETI SHASHANK, ADVOCATE FOR R3 AND R6; NOTICE TO R1, R4 AND R5 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE - 11 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.608/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI INSOFAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102104 OF 2015 BETWEEN SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE.) AND 1. PREETI D/O. PARAGOUDA TAKKANNAVAR, AGE: 18 YEARS, OCC: STUDENT, R/O: BYAKOD, TQ: RAIBAG, DIST: BELAGAVI. 2. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 4. SIDDARATH S/O. SURENDRA RODAKAR, AGE: 30 YEARS, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. - 12 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 5. SADASHIV S/O. PARAPPA CHITAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R2; SMT. PREETI SHASHANK, ADVOCATE FOR R3 AND R6; NOTICE TO R1, R4 AND R5 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.609/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI INSOFAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102105 OF 2015 BETWEEN SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE) - 13 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. AND 1. SAROJINI @ SAROVA D/O. PARAGOUDA TAKKANNAVAR, AGE: 16 YEARS, OCC: STUDENT, R/O: BYAKOD, TQ. RAIBAG, DIST. BELAGAVI, REPRESENTED BY HIS NATURAL FATHER AND GUARDIAN PARAGOND S/O. BHIMAPPA TAKKANNAVAR, R/O. BYAKOD, TQ. RAIBAG, DIST. BELAGAVI. 2. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 4. SIDDARTH S/O. SURENDRA ROBAKAR, AGE: 30 YEARS, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 5. SADASHIV S/O. PARAPPA CHITAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R2; SMT. PREETI SHASHANK, ADVOCATE FOR R3 AND R6; NOTICE TO R1, R4 AND R5 ARE SERVED) - 14 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.610/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI IN SO FAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102106 OF 2015 BETWEEN SHRI VASANT S/O. VENAKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE.) AND 1. JAMEELA W/O. HUSAINSAB BEPARI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 2. MANNASAB S/O. HUSAINSAB BEPARI, AGE: 30 YEARS, OCC: COOLIE, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 3. LALA S/O. HUSAINSAB BEPARI, AGE: 36 YEARS, OCC: COOLIE, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. - 15 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 4. MEENAJ W/O. IMAM BEPARI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI. 5. YASMEEN D/O. HUSANSAB BEPARI, AGE: 23 YEARS, OCC: NIL, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 6. INTIYAZ S/O. HUSANSAB BEPARI, AGE: 20 YEARS, OCC: NIL, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 7. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 8. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD JAMKHANDI, DIST: BAGALKOT. 9. SIDDARATH S/O. SURENDRA RODAKAR, AGE: 30 YEARS, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 10. SADASHIV S/O. PARAPPA CHITAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 11. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS - 16 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R7; SMT. PREETI SHASHANK, ADVOCATE FOR R8 AND R11; NOTICE TO R1 TO R6, R10 ARE SERVED; NOTICE TO R9 IS HELD SUFFICIENT.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.637/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI IN SO FAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102107 OF 2015 BETWEEN SHRI. VASANT S/O. VENKAPPA DADANATTI, AGE: 35 YEARS, OCC: BUSINESS, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT. ...APPELLANT (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE) AND 1. BHANU W/O. MAKABULASAB AINAPUR, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 2. MAKABULSAB S/O. RAJASAB AINAPUR, AGE: 68 YEARS, OCC: NIL, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. - 17 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 3. JAMEELA W/O. MUBARAK AINAPUR, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMPUR, TQ: JAMKHANDI, DIST: BAGALKOT. 4. BABU S/O. SHRIKANT TERDAL @ KAVATAKOPPA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 5. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. 6. SIDDARATH S/O. SURENDRA RODAKAR, AGE: 30 YEARS, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT. 7. SADASHIV S/O. PARAPPA CHITAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. 8. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING OF KACHER ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI HARISH MAIGUR, ADVOCATE FOR R1 TO R3; SMT. PREETI SHASHANK, ADVOCATE FOR R5 AND R8; R4, R6 AND R7-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC - 18 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. NO.638/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI, INSOFAR AS FIXING THE LIABILITY ON THE APPELLANT TO THE EXTENT OF 30% OF THE AWARD AMOUNT IS CONCERNED IN THE INTEREST OF JUSTICE. IN M.F.A. NO.102221 OF 2016 BETWEEN 1. GURULINGAPPA S/O. YAMANAPPA MUGHALKHOD, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TALUK: JAMKHANDI, DIST: BAGALKOT-587312. 2. SMT. CHANDRAWWA W/O. GURULINGAPPA MUGHALKHOD AGE: 64 YEARS, OCC: HOUSEHOLD, R/O: CHIMMAD, TALUK: JAMKHANDI, DIST: BAGALKOT-587312. ...APPELLANTS (BY SRI PRASHANT S.KADADEVAR, ADVOCATE) AND 1. SRI BABU S/O. SHRIKANT TERADAL @ KAVATAKOPPA, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI-591235. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT-587301. 3. SRI VASANT S/O. VENKAPPA DADANATTI, AGE: MAJOR, OCC: BUSINESS, - 19 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587312. 4. SRI SIDDARATH S/O. SURENDRA RODAKAR, AGE: MAJOR, OCC: BUSINESS, R/O: TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT-587301. 5. SRI SADASHIV S/O. PARAPPA CHITAGI, AGE: MAJOR, OCC: BUSINESS, R/O: HIREPADASALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587301. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI VIJAYKUMAR HORATTI, ADVOCATE FOR R1; SMT. PREETI SHASHANK, ADVOCATE FOR R2 AND R6; SRI SHRIHARSH A.NEELOPANT, ADVOCATE FOR R3; NOTICE TO R4 IS HELD SUFFICIENT; NOTICE TO R5 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 28.02.2015 PASSED IN MVC NO.594/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, JAMKHANDI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 20 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) In all the appeals the common judgment dated 28.02.2015, passed in MVC Nos.594/2007, 595/2007, 608/2007, 609/2007, 610/2007, 637/2007 and 638/2007 and the awards passed therein, by the Principal Senior Civil Judge and MACT No.V, Jamkhandi1, are called in question. Hence all the appeals are taken up together for consideration. 2. Although the appeals are listed for admission, with the consent of learned counsels appearing for the parties, the above appeals have been heard finally on merits. 3. The details/particulars of the appeals and the claim petitions are mentioned hereinbelow for ready reference: Sl. No. MFA No. MVC No. Compensation awarded by Tribunal Appeal filed by Death/ Injury 1 MFA No. 102158/2016 MVC No. 608/2007 Rs.79,900/- with 6% interest P.A Claimant Injury 1 Hereinafter referred to as ‘the Tribunal’. - 21 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 2 MFA No. 101696/2015 MVC No. 637/2007 Rs.2,96,500/- with 6% interest P.A Claimant Death 3 MFA No. 101697/2015 MVC No. 638/2007 Rs.4,52,000/- with 6% interest P.A Claimant Death 4 MFA No. 102101/2015 MVC No. 594/2007 Rs.2,18,000/- with 6% interest P.A R3-Owner of Auto rickshaw Death 5 MFA No. 102102/2015 MVC No. 595/2007 Rs.85,152/- with 6% interest P.A R3-Owner of Auto rickshaw Injury 6 MFA No. 102103/2015 MVC No. 608/2007 Rs.79,900/- with 6% interest P.A R3-Owner of Auto rickshaw Injury 7 MFA No. 102104/2015 MVC No. 609/2007 Rs.22,723/- with 6% interest P.A R3-Owner of Auto rickshaw Injury 8 MFA No. 102105/2015 MVC No. 610/2007 Rs.1,00,612/- with 6% interest P.A R3-Owner of Auto rickshaw Injury 9 MFA No. 102106/2015 MVC No. 637/2007 Rs.2,96,500/- @ 6% interest P.A. R3-Owner of Auto rickshaw Death 10 MFA No. 102107/2015 MVC No. 638/2007 Rs.4,56,500/- @ 6% interest P.A. R3-Owner of Auto rickshaw Death 11 MFA No. 102221/2016 MVC 594/2007 Rs.2,18,000/- @ 6% interest P.A Claimant Death 4. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience. 5. The factual matrix in brief, leading to the present appeals are that on 27.04.2007, the claimants/deceased were travelling in auto rickshaw bearing No.KA-48/351 from Rabakavi and when they came near Athani village, a tractor and trailer bearing No.KA-29/T-3040 and KA-29/T-3786 - 22 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. loaded with sand came from opposite Mahalingapur side. That the driver of the tractor and trailer drove the same in a rash and negligent manner and hit against the auto, causing the accident in question. Claiming compensation for the death/injuries, a total of 07 claim petitions were filed arraying the owner and insurer of the tractor and trailer as respondents No.1 and 2. The owner and insurer of the auto rickshaw were arrayed as respondents No.5 and 6 in the claim proceedings. The owners and insurers of both the vehicles entered into appearance before the Tribunal and contested the claim proceedings. Oral and documentary evidence were adduced. The Tribunal by the impugned judgment dated 28.02.20215, partly allowed the claim petitions, held that the driver of the tractor and trailer and the driver of the auto rickshaw were negligent in causing the accident in question at the ratio of 70:30. Further, the insurer of the auto rickshaw having taken specific contention that in the auto rickshaw more than 13 persons were travelling and that the auto rickshaw had a permit to carry - 23 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. three persons along with the driver and the insurer having contended that it is liable to pay compensation only in respect of three passengers who were permitted to travel in the auto rickshaw, the Tribunal held that there was violation of terms and conditions of the policy and that the insurer of the auto rickshaw is liable to satisfy the award in respect of the higher of the claims of the petitioners relating to the liability to the extent of 30% of the auto rickshaw. Accordingly the Tribunal held that the insurer of the auto rickshaw was liable to satisfy the compensation awarded in respect of 30% fastened with respect to the driver of the auto rickshaw in MVC Nos.594, 637 and 638 of 2007. The Tribunal also awarded compensation in all the claim petitions. 6. Being aggrieved, the above appeals have been filed by the owner of the auto rickshaw and the claimants as noticed above. - 24 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 7. Learned counsel Sri Shriharsh Neelopant, appearing for the owner of the auto rickshaw contends that the finding of negligence recorded by the Tribunal is erroneous and that the driver of the tractor was negligent in causing the accident in question. It is further contended that the quantum of compensation awarded is on higher side. That the spot panchanama (Ex.P.6) discloses the manner of occurrence of accident and that the same is entirely due to the negligence of the driver of the tractor and trailer. 8. Per contra, learned counsel Smt.Preeti Shashank, appearing for the insurer of the auto rickshaw contends that although the insurer has not preferred any appeal, having regard to the contents of Ex.P.6, the auto rickshaw was on its wrong side of the road and hence the finding of negligence recorded by the Tribunal ought not to be interfered with. 9. Learned counsel for claimants seeks for enhancement of compensation awarded on various grounds. - 25 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 10. The submissions of the learned counsels have been considered and the material on record including the records of the Tribunal have been perused. 11. The questions that arise for consideration are: i) Whether the finding of the Tribunal on negligence is liable to be interfered with? ii) Whether the quantum of compensation awarded by the Tribunal in MVC Nos.638/2007, 608/2007, 637/2007 and 594/207 is liable to be enhanced? 12. Reg. question No.1:- In the claim petitions it is averred that the accident occurred due to the rash and negligent driving by the driver of the tractor and trailer. Pursuant to the complaint filed, the police authorities have filed charge sheet against the driver of the tractor (Ex.P.4). The Tribunal noticing the spot panchanama (Ex.P.6) has recorded that width of the road is 16 feet and at the place of accident there is a 5 feet kachcha road is on either side. It is further noticed that the accident was head-on collision - 26 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. between the two vehicles and the motor vehicles accident report (Ex.P.7) reveals that damages have been caused to both the vehicles. Further it is noticed that the place of the accident is shown as 6 feet from the side of the road and that the accident took place in the middle of the road. Having regard to the fact that the auto rickshaw was carrying passengers in excess of seating capacity, the Tribunal recorded a finding that the act of negligence cannot be attributed solely on the driver of the tractor and trailer. Hence, the Tribunal held that apportionment of negligence between the driver of the tractor and trailer and the driver of the auto rickshaw is in the ratio of 70:30. 13. Although it is the vehement contention of the learned counsel for the owner of the auto rickshaw that the charge sheet has been filed against the driver of the tractor trailer and hence the negligence in causing the accident in question should be fastened solely on the driver of the tractor, it is relevant to note that as per the spot panhanama-Ex.P.6, the spot of accident occurred was from a - 27 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. distance of 10 feet from the edge of the road on the side of the auto rickshaw and 6 feet from the edge of the road on the side of the tractor and trailer. Hence it is clear that the driver of the auto rickshaw had crossed over to its wrong side of the road. The Tribunal has considered the fact that the driver of the auto rickshaw could have avoided the accident in question and hence recorded the finding of negligence. 14. Upon a re-appreciation of the oral and documentary evidence on record, the owner of auto rickshaw has failed in demonstrating that the finding of negligence recorded by the Tribunal is in any manner erroneous and liable to be interfered with. Hence, the question No.(i) framed for consideration is answered in the negative. 15. Reg. question No.(ii):- Regarding quantum of compensation: - 28 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. In MFA No.102158/2016 (MVC No.608/2007). 16. The claimant was aged 14 years at the time of accident and was stated to have been carrying on milk vending business. The claimant has sustained fracture of right distal ulna joint dislocation. The doctor (PW.6) has assessed the disability as 25% and the Tribunal has considered the disability as 15%. Accordingly the Tribunal has awarded a total compensation of Rs.79,900/- on various heads. However it is relevant to note that the Hon’ble Supreme Court in the case of Master Mallikarjun vs. Divisional Manager, the National Insurance Company Limited and another,2 held that if the disability is above 10% and up to 30%, compensation of Rs.3,00,000/- is to be awarded apart from medical expenses. The Tribunal has awarded a sum of Rs.13,100/- towards medical expenses. Hence, it is just and proper that the compensation awarded by the Tribunal be enhanced to Rs.3,13,100/- (Rs.3,00,000/- + Rs.13,100/-) as against 2 AIR 2014 SC 736 - 29 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. Rs.79,900/- awarded by the Tribunal. Hence, the claimant is entitled to enhanced compensation of Rs.2,33,200/- (Rs.3,13,100/- minus Rs.79,900/-). In MFA No.101696/2015 (MVC No.637/2007). 17. The claim petition is filed by the legal representatives of the deceased who was aged 60 years at the time of accident. No documents have been produced to prove the income of the deceased. Hence, having regard to the date of accident and the chart specifying the notional income followed for settlement of cases by the Karnataka State Legal Services Authority, the income is required to be assessed as Rs.4,000/- p.m. Further, 10% of the income is required to be added to it, towards future prospects in terms of the judgment of the Hon’ble Supreme Court in National Insurance Company Limited vs. Pranay Sethi and others3. The claimants are the wife and children of the 3 (2017) 16 Supreme Court Cases 680 - 30 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. deceased who are six in number. Hence 1/4th 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 Rs.3,300/- (Rs.4,000/- + 10% - 1/4th). Accordingly the loss of dependency is re- assessed as Rs.3,56,400/- (Rs.3,300/- (income) x 12 (months) x 9 (multiplier). 18. Loss of consortium was required 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 Rs.40,000/- to each of the claimants together with 10% increment. Accordingly loss of consortium is re- assessed as Rs.2,64,000/- (Rs.40,000/- + 10% x 6), as against Rs.15,000/- awarded by the Tribunal. Loss of estate and funeral expenses is required to be awarded in a sum of Rs.16,500/- each. The Tribunal has awarded Rs.3,500/- towards medical expenses, which is just and proper. 4 (2018) 18 Supreme Court Cases 130 - 31 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 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. 2,40,000 3,56,400 2. Loss of consortium. 15,000 2,64,000 3. Loss of estate. 30,000 16,500 4. Funeral expenses. 3,000 16,500 5. Medical expenses. 3,500 3,500 6. Loss of love and affection. 5,000 - Total: 2,96,500 6,56,900 20. Hence, the claimants are entitled to enhanced compensation of Rs.3,60,400/- (Rs.6,56,900/- minus Rs.2,96,500/-). In MFA No.101697/2015 (MVC No.638/2007). 21. The deceased was aged 30 years as on the date of accident. The deceased was stated to be a driver. However, no documents are produced to demonstrate his income. Hence, having regard to the date of accident and the chart specifying the notional income followed for settlement - 32 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. of cases by the Karnataka State Legal Services Authority, the income is required to be assessed as Rs.4,000/- p.m. Further, 40% of the income is required to be added, towards loss of future prospects in terms of the judgment of the Hon’ble Supreme Court in Pranay Sethi and others3. The claimants are the wife and parents 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 Rs.3,733/- (Rs.4,000/- + 40% minus 1/3rd). The Tribunal has applied the multiplier of 16. However, having regard to the age of the deceased, the appropriate multiplier to be applied is 17. Accordingly loss of dependency is re-assessed as Rs.7,61,532/- (Rs.3,733/- (income) x 12 (months) x 17 (multiplier). 22. Loss of consortium was required to be awarded in terms of the judgment of the Hon’ble Supreme Court in Magma General Insurance Co. Ltd.4, at Rs.40,000/- to each of the claimants together with 10% increment. - 33 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. Accordingly loss of consortium is re-assessed as Rs.1,32,000/- (Rs.40,000/- + 10% x 3), as against Rs.15,000/- awarded by the Tribunal. Loss of estate and funeral expenses is required to be awarded in a sum of Rs.16,500/- each. 23. 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. 3,84,000 7,61,532 2. Loss of consortium. 15,000 1,32,000 3. Loss of estate. 45,000 16,500 4. Funeral expenses. 3,000 16,500 5. Loss of love and affection. 5,000 - Total: 4,52,000 9,26,532 24. Hence, the claimants are entitled to enhanced compensation of Rs.4,74,532/- (Rs.9,26,532/- minus Rs.4,52,000/-). - 34 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. In MFA No.102221/2016 (MVC No.594/2007). 25. The deceased was aged 20 years as on the date of accident and was stated to be an agriculturist. However no documents have been produced to demonstrate his income. Hence it is just and proper to re-assess the income of the deceased as notional income. Hence, having regard to the date of accident and the chart specifying the notional income followed for settlement of cases by the Karnataka State Legal Services Authority, the income is required to be assessed as Rs.4,000/- p.m. Further, 40% of the income is required to be added to it, towards loss of future prospects in terms of the judgment of the Hon’ble Supreme Court in Pranay Sethi and others3. Since the deceased was a bachelor, 50% of the income is required to be deducted towards personal expenses. Accordingly the income for the purpose of assessment of loss of dependency is re-assessed as Rs.2,800/- (Rs.4,000/- + 40% - 50%).The Tribunal has applied the multiplier of 11. However, having regard to the age of the deceased, the appropriate multiplier to be adopted - 35 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. is 18. Hence the loss of dependency is re-assessed as Rs.6,04,800/- (Rs.2,800/- x 12 (months) x 18 (multiplier). 26. The parents of the deceased are the claimants. Loss of consortium including love and affection was required to be awarded in terms of the judgment of the Hon’ble Supreme Court in Magma General Insurance Co. Ltd.4, at Rs.40,000/- to each of the claimants together with 10% increment. Accordingly loss of consortium is assessed as Rs.88,000/- (Rs.40,000/- + 10% x 2). Loss of estate and funeral expenses is required to be awarded in a sum of Rs.16,500/- each. 27. 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. 1,98,000 6,04,800 2. Loss of consortium. - 88,000 3. Loss of estate. 15,000 16,500 4. Funeral expenses. 3,000 16,500 5. Transportation charges. 2,000 - Total: 2,18,000 7,25,800 - 36 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. 28. Hence, the claimants are entitled to enhanced compensation of Rs.5,07,800/- (Rs.7,25,800/- minus Rs.2,18,000/-). 29. Hence the question No.(ii) framed for consideration is answered in the affirmative. 30. In view of the aforementioned, the following: ORDER i) MFA Nos.102101/2015, 102102/2015, 102103/2015, 102104/2015, 102105/2015, 102106/2015 and 102107/2015 filed by the owner of auto rickshaw are dismissed. ii) MFA Nos.102158/2016, 101696/2015, 101697/2015 and 102221/2016 filed by the claimants are partly allowed. iii) The common judgment dated 28.02.2015, passed in MVC Nos.608/2007, 637/2007, 638/2007 and 594/2007, - 37 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. and the awards passed therein, by the Principal Senior Civil Judge and MACT No.V, Jamkhandi, are modified as under: a) The appellants in MFA No.102158/2016 (claimants in MVC No.608/2007) are entitled to a further compensation of Rs.2,33,200/- in addition to the compensation awarded by the Tribunal, together with interest @ 6% p.a; b) The appellants in MFA No.101696/2015 (claimants in MVC No.637/2007) are entitled to a further compensation of Rs.3,60,400/- in addition to the compensation awarded by the Tribunal, together with interest @ 6% p.a; c) The appellants in MFA No.101697/2015 (claimants in MVC No.638/2007) are entitled to a further compensation of Rs.4,74,532/- in addition to the compensation awarded by the Tribunal, together with interest @ 6% p.a; - 38 - NC: 2025:KHC-D:5005-DB MFA No. 102158/2016 C/W MFA No.101696/2015, MFA No.101697/2015, MFA No.102101/2015, MFA No.102102/2015, MFA No.102103/2015, MFA No.102104/2015, MFA No.102105/2015, MFA No.102106/2015, MFA No.102107/2015, MFA No.102221/2016. d) The appellants in MFA No.102221/2016 (claimants in MVC No.594/2007) are entitled to a further compensation of Rs.5,07,800/- in addition to the compensation awarded by the Tribunal, together with interest @ 6% p.a. iv) The judgment and award of the Tribunal in all other respects remain unaltered. v) The enhanced compensation shall be deposited in terms of the judgment of the Tribunal, within six weeks from today. vi) The records of the Tribunal to be transmitted to the Tribunal forthwith. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 12