THE DIVISIONAL MANAGER v. GANGAMMA D/O SHIVAPPA @ SHIVANAND BADAD
MFA/102140/2022 · 2025-02-07
B M Shyam Prasad, Ramachandra D Huddar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4979 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4979 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2496-DB MFA No. 102140 of 2022 C/W MFA No. 101961 of 2021 AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 102140 OF 2022 C/W MISCELLANEOUS FIRST APPEAL NO. 101961 OF 2021 MISCELLANEOUS FIRST APPEAL NO. 101962 OF 2021 MISCELLANEOUS FIRST APPEAL NO. 102012 OF 2021 MISCELLANEOUS FIRST APPEAL NO. 102013 OF 2021 MISCELLANEOUS FIRST APPEAL NO. 102137 OF 2022 MFA CROSS OBJ NO. 100052 OF 2023 MFA CROSS OBJ NO. 100059 OF 2023
IN MISCELLANEOUS FIRST APPEAL NO. 102140 OF 2022 BETWEEN:
THE DIVISIONAL MANAGER THE RELIANCE GENERAL INSURANCE COMPANY LTD., NATIONAL HIGHWAY 218, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580022 REPRESENTED BY ITS AUTHORIZED SIGNATOR …APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1.
GANGAMMA D/O SHIVAPPA @ SHIVANAND BADAD AGE. 36 YEARS, OCC. HOUSE HOLD, R/O M.R. NAGAR, 4TH CROSS, HEBBALLI ROAD, DHARWAD - 580112.
2.
BASAVVARAJ S/O SHIVAPPA @ SHIVANAND BADAD AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O M.R. NAGAR, 4TH CROSS,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad
Bench
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HEBBALLI ROAD, DHARWAD 580112. 3. SMT. RATNA W/O SHIVAPPA @ SHIVANAND BADAB AGE. 61 YEARS, OCC. HOUSEHOLD WORK, R/O M.R. NAGAR, 4TH CROSS, HEBBALLI ROAD, DHARWAD 580112. 4. SOHAN S/O SUDHAKAR KABADI AGE. 48 YEARS, OCC. BUSINESS, R/O. A/P#4026/A/B, HEALTH CAMP, BETAGERI-GADAG, TQ. DIST. GADAG-582103. (OWNER OF THE VEHICLE BEARING REG NO. KA -26/M-8438) …RESPONDENTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR R1 TO R3;
SRI. GIRISH S. HULMANI, ADVOCATE FOR R4)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY THE JUDGMENT AND AWARD DATED 06.09.2021 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT DHARWAD IN MVC NO.484/2019 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND BY REDUCING THE COMPENSATION BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO. 101961 OF 2021 BETWEEN:
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDENAGAR, HUBBALLI-580029 POLICY NO. VOCO160809000101 POLICY PERIOD 11.06.2013 TO 10.06.2014 BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. PANCHALINGAPPA S/O BASAPPA BETAGERI
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AGE. 63 YEARS, OCC. NIL, R/O SADANKERE, 1ST CROSS, DHARWAD-580012. 2. SMT. LEELAVATHI W/O. PANCHALINGAPPA BETAGERI AGE. 53 YEARS, OCC. NIL, R/O SADANKERE, 1ST CROSS, DHARWAD-580012. 3. SOHAN S/O. SUDHAKAR KABADI AGE. MAJOR, OCC. BUSINESS, R/O # 4026/A/B HEALTH CAMP, BETAGIRI – GADAG, TQ. DIST. GADAG-582103 OWNER OF HYUNDAI I-20 CAR BEARING REG NO. KA-26/M-8438 …RESPONDENTS (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE FOR C/R1 & C/R2;
SRI. GIRISH S. HULMANI, ADVOCATE FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY AND SET ASIDE THE JUDGMENT AND AWARD DATED 13.10.2021 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T DHARWAD IN MVC NO.356/2019 BY MODIFYING AND REDUCING THE COMPENSATION AWARDED BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO. 101962 OF 2021 BETWEEN:
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDENAGAR, HUBBALLI-580029 POLICY NO.
VOCO160809000101 POLICY PERIOD 11.06.2013 TO 10.06.2014 BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)
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AND:
1. SHANKAR S/O CHANNAPPA BETAGIRI AGE. 57 YEARS, OCC. NIL, R/O. MURUGHRAJENDRA NAGAR, DHARWAD-580010. 2. SMT. SHOBHA W/O. SHANKARAPPA BETAGERI AGE. 45 YEARS, OCC. NIL, R/O. MURUGHRAJENDRA NAGAR, DHARWAD-580010. 3. SOHAN S/O. SUDHAKAR KABADI AGE. MAJOR, OCC. BUSINESS, R/O.#4026/A/B HEALTH CAMP, BETAGIRI – GADAG, TQ. DIST. GADAG-582103 OWNER OF HYUNDAI I-20 CAR BEARING REG NO. KA-26/M-8438. …RESPONDENTS (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE FOR C/R1 & C/R2;
SRI. GIRISH S. HULMANI, ADVOCATE FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY AND SET ASIDE THE JUDGMENT AND AWARD DATED 13.10.2021 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T DHARWAD IN MVC NO.357/2019 BY MODIFYING AND REDUCING THE COMPENSATION AWARDED BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO. 102012 OF 2021 BETWEEN:
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDENAGAR, HUBBALLI-580029 POLICY NO. VOCO160809000101 POLICY PERIOD 11.06.2013 TO 10.06.2014 BY ITS AUTHORIZED SIGNATORY …APPELLANT
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(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. RAVI S/O MALLESHAPPA KARADIGUDDA AGE. 71 YEARS, OCC.NIL, R/O. KASABAGOUDAR ONI MADARMADDI DHARWAD-580009. 2. SMT. SHAILA W/O. RAVI KARADIGUDDA AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. KASABAGOUDAR ONI MADARMADDI, DHARWAD-580009. 3. SOHAN S/O. SUDHAKAR KABADI AGE. MAJOR, OCC. BUSINESS, R/O.# 4026/A/B HEALTH CAMP, BETAGIRI – GADAG, TQ. DIST. GADAG-582103 OWNER OF HYUNDAI I-20 CAR BEARING REG NO. KA-26/M-8438. …RESPONDENTS (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE FOR R1 & R2; SRI.
GIRISH S. HULMANI, ADVOCATE FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY AND SET ASIDE THE JUDGMENT AND AWARD DATED 13.10.2021 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T DHARWAD IN MVC NO.354/2019 BY MODIFYING AND REDUCING THE COMPENSATION AWARDED BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO. 102013 OF 2021 BETWEEN:
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDENAGAR, HUBBALLI-580029 POLICY NO. VOCO160809000101 POLICY PERIOD 11.06.2013 TO 10.06.2014 BY ITS AUTHORIZED SIGNATORY
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…APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. ARUNARAO S/O SHANKAR RAO LATURKAR AGE. 61 YEARS, OCC. NIL, R/O HEBBALLI AGASI ROAD, NAVALGUND ROAD, DHARWAD-580011. 2. SMT. NANDA W/O. ARUNARAO LATURKAR AGE. 51 YEARS, OCC. NIL, R/O. HEBBALLI AGASI ROAD, NAVALGUND ROAD, DHARWAD-580011. 3. SOHAN S/O. SUDHAKAR KABADI AGE. MAJOR, OCC. BUSINESS, R/O.#4026/A/B HEALTH CAMP, BETAGIRI-GADAG TQ. DIST. GADAG -582103 OWNER OF HYUNDAI I-20 CAR BEARING REG NO. KA-26/M-8438. …RESPONDENTS (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE FOR C/R1 & C/R2;
SRI. GIRISH S. HULMANI, ADVOCATE FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY AND SET ASIDE THE JUDGMENT AND AWARD DATED 13.10.2021 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T DHARWAD IN MVC NO.355/2019 BY MODIFYING AND REDUCING THE COMPENSATION AWARDED BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO. 102137 OF 2022 BETWEEN:
THE DIVISIONAL MANAGER THE RELIANCE GENERAL INSURANCE COMPANY LTD., NATIONAL HIGHWAY 218, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI, REPRESENTED BY ITS AUTHORIZED SIGNATORY.
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…APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. SHIVANAND S/O BASAVARAJ KORISHETTAR AGE. 65 YEARS, OCC. RETD. GOVT. SERVANT, R/O M.R. NAGAR, 8TH CROSS, HEBBALLI ROAD, DHARWAD - 580112. 2. SMT. SUMANGALA W/O SHIVANAND KORISHETTAR AGE. 61 YEARS, OCC. HOUSEHOLD, R/O M.R. NAGAR, 8TH CROSS, HEBBALLI ROAD, DHARWAD-580112. 3. SOHAN S/O SUDHAKAR KABADI AGE. 47 YEARS, OCC. BUSINESS, R/O A/P #4026/A/B, HEALTH CAMP, BETAGERI-GADAG, TQ. DIST. GADAG 582103 (OWNER OF THE VEHICLE BEARING REG. NO. KA-26/M-8438) …RESPONDENTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR R1 & R2;
SRI. GIRISH S. HULMANI, ADVOCATE FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO, MODIFY THE JUDGMENT AND AWARD DATED 06.09.2021 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT DHARWAD IN MVC NO.483/2019 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND BY REDUCING THE COMPENSATION BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MFA CROSS OBJ NO. 100052 OF 2023 BETWEEN:
1. SMT. GANGAMMA D/O SHIVAPPA @ SHIVANAND BADAD AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O. M.R. NAGAR, 8TH CROSS, HEBBALLI ROAD, DHARWAD 580112. - 8 -
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2. SRI. BASAVARAJ S/O SHIVAPPA @ SHIVANAND BADAD AGE. 35 YEARS, OCC. , R/O. M.R. NAGAR, 8TH CROSS, HEBBALLI ROAD, DHARWAD 580112. 3. SMT. RATNA W/O SHIVAPPA @ SHIVANAND BADAD AGE. 62 YEARS, OCC. HOUSEHOLD WORK, R/O. M.R. NAGAR, 4TH CROSS, HEBBALLI ROAD, DHARWAD 580112. …CROSS OBJECTORS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. SOHAN S/O. SUDHAKAR KABADI AGE. 48 YEARS, OCC. BUSINESS, R.O A.P.NO.4026/A/B, HEALTH CAMP, BETAGERI-GADAG, TQ. DIST: GADAG 582103. 2. THE DIVISIONAL MANAGER, THE RELIANCE GENERAL INSURANCE CO. LTD., NATIONAL HIGHWAY 218, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI 580029. …RESPONDENTS (BY SRI. GIRISH S. HULMANI, ADVOCATE FOR R1; SRI.
G.N. RAICHUR, ADVOCATE FOR R2)
THIS MFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO, MODIFY THE JUDGMENT AND DECREE DATED 06.09.2021 IN MVC NO.484/2019 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, DHARWAD AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,
IN MFA CROSS OBJ NO. 100059 OF 2023 BETWEEN:
1. SRI. SHIVANAND S/O BASAVARAJ KORISHETTAR AGE. 66 YEARS, OCC RETD. GOVT. SERVANT,
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R.O. M.R.NAGAR, 8TH CROSS, HEBBALLI ROAD, DHARWAD 580 112. 2. SMT. SUMANGALA W/O SHIVANAND KORISHETTAR AGE. 62 YEARS OCC. HOUSEHOLD, R/O. M.R.NAGAR, 8TH CROSS, HEBBALLI ROAD, DHARWAD-580 112. …CROSS OBJECTORS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. SOHAN S/O SUDHAKAR KABADI AGE. 48 YEARS, OCC. BUSINESS, R/O. A/P NO.4026 A/B, HEALTH CAMP, BETAGERI-GADAG, TQ. & DIST.GADAG 582103. 2. THE DIVISIONAL MANAGER THE RELIANCE GENERAL INSURANCE CO. LTD., NATIONAL HIGHWAY 218, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580029. …RESPONDENTS (BY SRI. GIRISH S. HULMANI, ADVOCATE FOR R1;
SRI. G.N. RAICHUR, ADVOCATE FOR R2)
THIS MFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO, MODIFY THE JUDGMENT AND DECREE DATED 06.09.2021 IN MVC NO.483/2019 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, DHARWAD AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,
THESE APPEALS AND CROSS OBJECTIONS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
These appeals and cross-objections arise out of the claim petitions filed by the dependants of six inmates of a car who have breathed their last in a road accident on
30.12.2018. These dependants have filed their claim petitions in M.V.C. Nos.356/2019, 357/2019, 354/2019 and 355/2019 on the file of the Principal Senior Civil Judge and Additional M.A.C.T., Dharwad and in M.V.C. Nos.483/2019 and 484/2019 on the file of the I Additional Senior Civil Judge and Additional M.A.C.T., Dharwad. These two Tribunals, for reasons of convenience, are referred together as the Tribunals and individually as the Tribunal. 2. The Tribunals have allowed each of these claim petitions granting different compensation amounts to the dependants of each of the deceased holding the Insurer of the one of the vehicles involved in the accident liable to pay these amounts. This Insurer has filed the appeals calling in question the Tribunals’ awards, while the claimants in M.V.C. Nos.483/2019 and 484/2019 have filed
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their respective cross-objections. The details of these appeals/cross-objections and the corresponding claim petitions are as follows: MFA Case Nos. MVC Nos. Amount awarded by the Tribunals 102140/2022 484/2019 Rs.40,35,600/- 101961/2021 356/2019 Rs.34,25,800/- 101962/2021 357/2019 Rs.42,92,851/- 102012/2021 354/2019 Rs.56,45,000/- 102013/2021 355/2019 Rs.51,19,221/- 102137/2022 483/2019 Rs.37,50,000/- CROB 100052/2023 484/2019 As mentioned in the corresponding appeal CROB 100059/2023 483/2019 As mentioned in the corresponding appeal
3. The undisputed facts are that the deceased, all bachelors employed either with M/s. Mahindra Kotak Bank or with the certain private enterprises, were returning by the car bearing registration No.KA-25/MB-7373 on 30.12.2018 after attending a marriage. When they were near Adavisomapura village, Gadag, another car bearing registration No.KA-26/M-8438 [the offending vehicle] coming from the other side jumped the median and fell on the car in which the deceased were travelling. The deceased, as a
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consequence of the injury suffered in this accident, have died.
The Tribunals, in view of these undisputed facts and on appreciation of the evidence placed on record such as FIR, Spot Panchanama / Spot Sketch and MVI Report, have opined that the accident is because of the rash and negligent driving by the driver of the offending vehicle. The details of the deceased’s age, their occupation, and their employers are as follows. MVC Nos. Name of the deceased Age of the deceas ed The Nature of employme nt Name of the employer 484/2019 Sri. Channnappa 28 Sales Manager M/s. Sonalika Tractor Showroom 356/2019 Sri. Arun Kumar 28 Site Supervisor M/s. EGIS India Consulting Engineer Pvt. Ltd. 357/2019 Sri. Anand 29 Senior Officer M/s. Tata Motors Ltd., 354/2019 Sri. Manoj Kumar 29 Customer Advisor M/s. Innovsource Services Pvt. Ltd., 355/2019 Sri. Amrut 28 Assistant Manager M/s. PIAGGIO Vehicles Pvt. Ltd., Company 483/2019 Sri. Siddalingesh Korishettar 28 Deputy Manager M/s. Kotak Mahindra Bank Ltd.
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The Tribunals have granted compensation under the following heads in each of these cases. MVC Nos. Loss of dependency [Rs.] Loss of consortium [Rs.] Loss of estate [Rs.] Funeral expense [Rs.] Loss of love and affection [Rs.] Transpor tation of dead body [Rs.]
484/2019 38,55,600/- 40,000/- 15,000/- 15,000/- 1,00,000/- 10,000/- 356/2019 33,04,800/- 80,000/- 15,000/- 15,000/- - - 357/2019 41,71,851/- 80,000/- 15,000/- 15,000/- - - 354/2019 55,24,000/- 80,000/- 15,000/- 15,000/- - - 355/2019 49,98,221/- 80,000/- 15,000/- 15,000/- - - 483/2019 35,70,000/- 40,000/- 15,000/- 15,000/- 1,00,000/- 10,000/-
4. Sri.
G.N. Raichur, the learned counsel for the Insurer, proposes to contend that this Court must interfere with the Tribunals’ conclusion on the rash and negligent driving by the driver of the offending vehicle, but the learned counsel is unable to persuade this Court to interfere with the Tribunals’ finding in this regard in view of the overwhelming evidence which indicates that the offending vehicle jumped the median coming from the opposite direction and fell on the vehicle in which the deceased were travelling. As such, Sri. G.N. Raichur has endeavoured to interfere with the Tribunals’ awards on different heads in each of these petitions, and Sri. P.G. Chikkanaragund and Sri. Siddappa S. Sajjan, the respective
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learned counsels for the claimants, are thus heard. The respective
submissions in these appeals and cross- objections and this Court’s reasons are as stated hereafter. IN M.F.A. No.102137/2022 connected with M.F.A. Crob No.100059/2023 – from M.V.C. No.483/2019:
5. The claimants in M.V.C. No.483/2019 are the parents of Sri. Siddalingesh Korishettar. The claimants’ case is that the deceased, Sri. Siddalingesh Korishettar, who was aged 28 years as the date of the accident, was working as a Deputy Manager with M/s. Kotak Mahindra Bank Ltd. in its Marketing Section and he was drawing a salary of Rs.35,000/- per month. The claimants to establish this have produced his Pay Slip for the month of February 2018 [Exhibit P-10]. The Tribunal, considering this evidence and that the deceased was in employment thus, has assessed the deceased’s income in a sum of Rs.25,227/- but has taken the monthly income at Rs.25,000/- deducting Rs.200/- towards Professional Tax. The Tribunal has added 40% of this amount [Rs.10,000/- being 40% of Rs.25,000/-] towards future prospects and applied the multiplier of ‘17’. - 15 -
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The Tribunal, after deducting 50% towards personal expenditure, has computed Rs.35,70,000/- as compensation towards loss of dependency. 5.1 Sri. G.N. Raichur canvasses that this Court must interfere with the Tribunal’s finding in this regard because [a] it has not excluded the allowances that are paid to the deceased, [b] it has not deducted any amount towards Income Tax, and [c] it has not, subject to standard deduction, deducted 10% of the income above the standard deduction towards income tax. Sri. G.N. Raichur also canvasses that there is duplication in awarding more than Rs.70,000/- towards conventional heads. 5.2 Sri. P.G. Chikkanaragund, the learned counsel for the claimants, while inviting this Court’s attention to Exhibit P-10, canvasses that the deceased’s income is indeed Rs.25,227/- and that this amount only includes allowances towards House Rent, Transport, Professional benefit, Medical, Bonus Leave Travel Allowance and ex gratia payments; that these are part of emoluments
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and therefore the Tribunal has rightly taken the income of the deceased at Rs.25,000/-.
Further, the learned counsel submits that this Court must add 50% of the income towards future prospects and not 40% as added by the Tribunal, but the learned counsel cannot dispute that there must be deduction towards income tax for the amount beyond Standard Deductions and that the award towards conventional heads cannot be more than Rs.70,000/- subject to 10% increase for every block of three years. 5.3 This Court must observe that there is no dispute that the deceased, Sri. Siddalingesh Korishettar, was in employment as a Deputy Manager with M/s. Kotak Mahindra Bank and that his monthly pay package [including all the allowances] was in a sum of Rs.25,000/- [with rounding of] after deducting profession sum of Rs.200/- per month. If the deceased was paid allowances such as House Rent Allowance, these cannot be excluded as they are part of the emoluments paid for the services rendered, and it is settled that these allowances cannot be deducted for the purposes of computing loss of dependency and what is
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deductible is amount paid as reimbursement. This Court must refer to the Apex Court’s decision in M/s. Meenkakshi v. Oriental Insurance Co1. “7. As per the service conditions and pay scales of the Government officials, the house rent allowance is payable between 8% and 30% of the basic salary. Therefore, the house rent allowance is paid in a fixed ratio proportionate to the basic salary. With the increase in basic salary, the quantum of house rent allowance also increases proportionately. The flexible benefit plan and Company contribution admissible to a person employed in private service would also not remain static and are bound to increase with the length of service. The only bone of contention in this appeal is whether perquisites/allowances referred to above should also be taken into account while applying the future prospects. Therefore, entirely excluding these components from the salary of the employee for applying the principle of future prospects would be unjustified. Consequently, we have no hesitation in holding that these allowances cannot be ignored and have to be added to the salary when assessing the rise in income due to future prospects of a person employed in private service.
This Court has carved out a rational formula to fix the percentage of rise of income by future prospects. In the case at hand, the said
1 [2024] SCC Online SC 1872
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percentage has been fixed at 50% by both, the Accident Claims Tribunal as well as the Division Bench of the High Court. In view of the discussion made supra, the perquisites/allowances have to be added to the basic salary of the deceased before applying the rise by future prospects.” As such, this Court cannot take any exception with the Tribunal taking the income of the deceased at Rs.25,000/-. 5.4 The addition towards future prospects, when the victim was in permanent employment and below the age of 40 years, will have to be 50% and not 40%. The evidence on record is that the deceased was in permanent employment, and therefore, there must be an addition of 50% towards future prospects. It is silent if the victim was earning an income subject to tax, there must be deduction towards tax liability but after giving the benefit of the standard deduction permissible. 5.5 The accident is in the month of December 2018. It is indisputable that for the assessment year 2019-20, after the standard deduction of Rs.50000/-, no tax is payable for the first Rs.2,50,000/- and the tax rate
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for income between Rs.2,50,000/- to Rs.5,00,000/- was 5% of such income..
The details to show no deduction towards Income Tax Annual Income [Rs.25000/- X 12 months Rs.3,00,000/- The Standard Deduction Rs.50,000/- Annual Income for purpose of IT returns after deduction Rs.2,50,000/- Income Tax to be paid NIL
The computation of loss of dependency must be computed with these parameters retaining the multiplier of 17 adding 50% towards future prospects and deducting 50% thereof towards the personal expenses of the deceased as he was a bachelor. The details of the computation of the Loss of dependency:
Description Amount Annual Income at the rate of Rs.25,000/- per month - A Rs.3,00,000/- Addition towards future prospects at 50% - B Rs.1,50,000/- Total of A + B Rs.4,50,000/- Deduction towards personal expenses at 50% Rs.2,25,000/- The loss of annual income for computing loss of dependency Rs.2,25,000/- Multiplier - 17 17
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Loss of Dependency Rs.38,25,000/-
The Claimants will be entitled, apart from this amount of Rs.38,25,000/- towards loss of dependency, for another sum of Rs.40,000/- each towards loss of consortium and Rs.30,000/- towards other conventional heads. They will also be entitled for escalation at 10% for the second block of three years in view of the Apex Courts decision in National Insurance Company Ltd. v. Pranay Sethi2. Thus, they will be entitled to a total sum of Rs.39,46,200/- with an enhancement in a sum of Rs.1,96,000/- . The details of the computation are as follows:
By the Tribunal By this Court Loss of dependency Rs.35,70,000/- Rs.38,25,000/- Loss of consortium Rs.40,000/- Rs.88,000/- Loss of estate Rs.15,000/- Rs.16,500/- Funeral expenses Rs.15,000/- Rs.16,500/- Loss of love and affection Rs.1,00,000/- NIL Transportation of dead body Rs.10,000/- NIL Total Rs.37,50,000/- Rs.39,46,000/-
IN M.F.A. No.102140/2022 connected with M.F.A. Crob. No.100052/2023 from M.V.C. No.484/2019:
2 (2017)16 SCC 680
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6.
The claimant in M.V.C. No.484/2019 is the father of Sri. Channappa Badad, who has died in the accident. The father has died during the pendency of the claim petition, and his children i.e., the brothers and sister of the deceased are brought on record in the Tribunal as the legal representative of the father. The claimants’ case is that the deceased, Sri. Channappa Badad, who was aged 28 years as of the date of the accident, was working as a Sales Manager with M/s. Sonalika Tractor Showroom, Dharwad and he was drawing a salary of Rs.30,000/- per month [including the incentives]. The Claimants to establish this have produced Certificate/s issued by the employer [Exhibits P-20, P-29 and P-30] and Bank Statement [Exhibit P-28]. The Tribunal, considering this evidence and the ocular evidence of Sri. Manjunath Jagawakar [P.W.4, an employer’s representative], has assessed the deceased’s income in a sum of Rs.27,000/-. The Tribunal has added 40% of this amount [Rs.10,800/- being 40% of Rs.27,000/-] towards future prospects and applied the multiplier of ‘17’. The Tribunal, after deducting 50% towards personal expenditure
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of the deceased, has computed Rs.38,55,600/- as compensation towards loss of dependency. 6.1 Sri. G.N. Raichur canvasses that this Court must interfere with the Tribunal’s finding in this regard because [a] the Claimants have produced only certificates [Exhibits P-20, P-29 and P-30] without any further documents to establish the probative value, of these certificates [b] the Bank Statement – Exhibit P-28 does not relate to the deceased Sri. Channappa Badad, and [c] the witness [P.W.4], who is not able to give the details of Sri. Channappa Badad’s education, has not produced any document to establish the deceased’s credentials or that he was earning every month Rs.30,000/-. Sri. G.N. Raichur also canvasses that there is duplication even in this case in awarding more than Rs.70,000/- towards conventional heads. 6.2 Sri.
P.G. Chikkanaragund, the learned counsel for the claimants, while inviting this Court’s attention to Exhibits P-29 and P-30, canvasses that it
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cannot be disputed that the deceased was employed as a Sales Executive and the employer’s representative has mentioned that the deceased was earning about Rs.30,000/- per month and therefore the tribunal has rightly taken the income of the deceased at Rs.27,000/-. Further, the learned counsel submits the addition towards future prospects must be 50% and not 40% as added by the Tribunal. 6.3 This Court must observe that there can be no dispute that the deceased, Sri. Channappa Badad, was in employment as a Sales Executive with an authorized dealer of M/s. Sonalika Tractors. However, there is no evidence about the actual income of the deceased. The testimony of P.W.4 is not helpful as this witness does not speak from the records maintained by the authorized dealer to unimpeachably establish the actual income of the deceased. The Tribunals / Court, in the cases which arise from the accidents in the year 2018, take the monthly income at Rs.11,750/- when there is no proof of actual income as evolved for settlement in Lok Adalat. - 24 -
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6.4 The deceased’s income cannot be less than this amount, and the income must be taken at a higher sum because it is established that the deceased was employed as a Sales Executive and was also PAN Holder. This Court, because the claimants have to be granted a just and reasonable compensation, is of the opinion that the income of the deceased must be taken at Rs.15,000/-. The addition towards future prospects, because the deceased was a Sales Executive and was aged 28 years, will have to be 50%.
The computation of loss of dependency must be computed with these parameters retaining the multiplier of 17 and deduction of 50% towards the personal expenses of the deceased as he was a bachelor. The Claimants will be entitled to a total sum of Rs.23,72,000/- with Rs.22,95,000/- as the loss of dependency and Rs.77,000/- towards Loss of Consortium and others heads. The details of the computation are as follows:
Description Amount Annual Income at the rate of Rs.15,000/- per month - A Rs.1,80,000/- Addition towards future prospects at 50% - B Rs.90,000/-
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Total of A + B Rs.2,70,000/- Deduction towards personal expenses at 50% Rs.1,35,000/- The loss of annual income for computing loss of dependency Rs.1,35,000/- Multiplier - 17 17 Loss of Dependency Rs.22,95,000/-
6.5 The Claimant/s will be entitled, apart from this amount of Rs.22,95,000/- towards loss of dependency, for another sum of Rs.40,000/- towards loss of consortium and Rs.30,000/- towards other conventional heads. The claimant/s will also be entitled for escalation under the last two heads at 10% for the second block of three years in view of the Apex Court’s decision as aforesaid. Thus, they will be entitled to a total sum of Rs.23,72,000/-, and the compensation awarded by the Tribunal accordingly modified. Description By the Tribunal By this Court Loss of dependency
Rs.38,55,000/-
Rs.22,95,000/- Loss of consortium Rs.40,000/-
Rs.44,000/- Loss of estate Rs.15,000/-
Rs.16,500/- Funeral expenses Rs.15,000/-
Rs.16,500/- Loss of love and affection Rs.1,00,000/- NIL
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Transportation of dead body Rs.10,000/- NIL
Rs.40,35,000/-
Rs.23,72,000/-
IN M.F.A. No.101961/2021 from M.V.C. No.356/2019:
7. The claimants are the parents of the deceased Sri. Arun Kumar, who was aged 28 years at the time of the accident. The claimants’ case is that the deceased was working as a Site Supervisor with M/s. EGIS India Consulting Engineering Pvt. Ltd., and he was drawing a salary of Rs.35,000/- per month.
The claimants to prove that the deceased who was working as a Site Supervisor and that was earning Rs.35,000/- per month have examined, apart from one of them, Sri. Suchan Kumar K.P., a Manager with M/s. EGIS India Consulting Engineering Pvt. Ltd. This witness, who is employment with the aforesaid consultancy firm, has stated that the deceased was earning Rs.24,000/- per month while stating that the deceased was being paid salary as per the salary details furnished under the firm’s seal and marked as Exhibit P-12. - 27 -
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7.1 The Tribunal considering this evidence has opined that, though the other employment documents such as appointment letter are not produced, the evidence on record sufficiently establishes that the deceased was indeed employed earning Rs.24,000/- per month. The Tribunal has deducted 10% of this income towards income tax adding 50% of this income towards future prospects to compute compensation of Rs.33,04,800/- towards loss of dependency applying the multiplier of ‘17’. The Tribunal has awarded further sum of Rs.80,000/- towards loss of consortium and Rs.41,000/- towards conventional heads such as loss of estate and funeral expenses. 7.2 Sri. G.N. Raichur contends that the Tribunal could not have taken the monthly income of the deceased Arun Kumar in a sum of Rs.24,000/- in the absence of any document to establish that the deceased was in employment with M/s. EGIS Consultancy and that Exhibit P-12 does not establish the actual income of the deceased. Sri. Siddappa S. Sajjan, while refuting these
submissions, contends that the Tribunal has rightly relied
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upon the ocular evidence and the payment details as per Exhibit P-12 in holding that the deceased was earning Rs.24,000/- per month and that this Court must also takes note of the fact that the Tribunal has deducted 10% of the income towards income tax without even allowing for standard deductions. 7.3 These rival submissions are considered on perusal of the evidence on record. The deceased’s father has spoken about his son being in employment with M/s. EGIS as a Site Supervisor, and in tandem with his evidence, Sri. Suchan Kumar K.P., a Senior Manager with this Consultancy and who has been in employment with this firm for over 11 years, has stated in his evidence that the deceased was in employment from the beginning of 2018, that he was employed as a Site Supervisor based on his educational qualification. There is nothing on record to undermine the evidentiary value of the testimony of this witness or the salary details as per Exhibit P-12 which is under the Consultancy’s seal. - 29 -
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7.4 The Insurer who proposes to undermine the probative value of this evidence should have brought on record some material. This Court further, on a holistic reading of the circumstances as are established by evidence, is not persuaded to opine that the Tribunal has granted unjust or unreasonable compensation to the claimants under the heads of loss of dependency or the other heads. Therefore, there is no reason for interference in this appeal. IN M.F.A. No.101962/2021 from MVC No.357/2019:
8. The claimants are the parents of Sri. Anand Shankar Betageri who was aged 29 years at the time of the accident. The claimants case is that the deceased was working as a Senior Officer with M/s. Tata Motors, Mummigatti, Dharwad in the Mechanical Department and drawing a salary of Rs.30,000/- per month. The claimants to prove their case have examined one of them [the father] as P.W.4 and marked Exhibit P-15, Exhibit P-21 and Exhibit P-
22.
These Exhibits are the salary details and the letter of employment issued in the year 2014 along with the salary
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assured. It is seen that the deceased is assured a fixed annual income of Rs.3,86,196/- per annum with certain variables assuring a gross income of Rs.4,24,391/-. 8.1 The Tribunal upon examining this evidence, and taking note of the fact that the deceased was earning a net monthly income of Rs.27,267/- has computed loss of dependency with the addition of 50% of such income towards future prospects and deducting a similar percentage towards personal expenses and applying the multiplier of ‘17’. Sri. G.N. Raichur contends that this Court must interfere with the Tribunal’s finding in these regards because the Exhibits are photocopies and that the Tribunal has failed to take the actual income. However, it is seen that a Senior Manager from Tata Motors, Dharwad has spoken about the deceased’s employment while stating that Exhibits P-21 and P-22 are the authenticated copies of the letter of employment issued to the deceased and that Exhibit P-15 is also issued by his office. - 31 -
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8.2 This Court is opinion that the exhibits cannot be disbelieved only because authenticated copies are produced when the other circumstances are duly established by ocular and documenting evidence. This Court, on re-appreciation of the evidence and for the reasons assigned on deduction towards income tax must include that the Tribunal has granted just and reasonable compensation both towards loss of dependency and conventional heads and that there is no reason for interference in the present proceedings. IN M.F.A. No.102012/2021 from M.V.C. No.354/2019:
9. The claimants are the parents of the deceased Manoj Kumar, who was aged 29 years at the time of the accident.
The claimants’ case is that their son was working as a Customer Advisor with M/s. Innovsource Services Pvt. Ltd., and drawing a salary of Rs.43,000/- per month. The claimants to establish their case have examined one of them [the father] and marked the deceased’s pay slip Exhibit P-7. The claimants have also examined Sri. Shripad
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Kulkarni as P.W.5. This witness has been in employment with the aforesaid employer from the year 2013 and he has produced copies of the muster roll, pay slips in Exhibits P- 17 to P-20. 9.1 The Tribunal considering this evidence has opined that the claimants have established that the deceased was drawing Rs.40,116/- per month as of the date of his demise. Further, the Tribunal has computed loss of dependency deducting 10% of such income towards income tax and another 50% towards personal expenses with the addition of 50% towards future prospects applying the multiplier of ‘17’. 9.2 Sri. G.N. Raichur is not able to dislodge the efficacy of either the oral or the documentary evidence which establishes that the deceased was indeed working with M/s. Innovsource Services Limited and his last drawn salary [for the month of December 2018] was Rs.40,116/-. This Court is not persuaded to opine that there is unjust or unreasonable award, especially when the deduction towards
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income tax is without permitting standard deductions or at prescribed rates. As such, it is opined that there is no interference in the present appeal. IN M.F.A. No.102013/2021 from M.V.C. No.355/2019:
10. The claimants are the parents of the deceased Sri. Amrut, who was aged 28 years as of the date of the accident. The claimants’ case is that their son, Sri.
Amrut, was working as an Assistant Manager with M/s. PIAGGIO Vehicles Pvt. Ltd., Pune and earning a salary of Rs.37,000/- per month. The deceased’s father has examined himself as P.W.2 and produced, amongst others, his son’s last pay slip [for the month of December 2018]. This pay slip is marked as Exhibit P-9. This Exhibit indicates that the deceased, apart from basic / HRA and statutory bonus, was paid a Special Allowance in a sum of Rs.15,916/-. 10.1 The claimants have also examined Sri. Kotresh Shanbog, a Sales Manager with M/s. PIAGGIO Pvt. Ltd., as P.W.8. This witness has stated that the deceased
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was taken on employment in the month of July 2018 and that the deceased’s last salary [including all allowances] was in a sum of Rs.39,116/-. The witness has also produced the original appointment letter [Exhibit P-24] with the details of the emoluments by the deceased employer. These documents indicate that the deceased was assured, apart from basic, statutory bonus and HRA, flexi allowance in a month for a sum of Rs.15,916/-. 10.2 The Tribunal based on this evidence, and applying deduction of 10% towards income tax and 50% towards personal expenses after addition of 50% towards future prospects, has granted a sum of Rs.49,98,221/- towards loss of dependency and Rs.1,21,000/- towards conventional heads including loss of consortium to the parents. Sri. G.N. Raichur contends that the loss of dependency must be computed deducting Rs.15,916/- because it is a special allowance. However, this Court is not persuaded to interfere with the award in view of the settled position that the allowances paid as flexible benefit plan
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cannot be deducted as it emerges from the decision in Meenakshi vs. Oriental Insurance Co. Ltd., [supra]. In the light of the afore, the following:
ORDER [a] The appeal in M.F.A. No.102137/2022 and the corresponding M.F.A. CROB No.100059/2023 are disposed of modifying the Tribunal’s common judgment and award insofar as M.V.C. No.483/2019 granting to the claimants – cross objectors a total compensation of Rs.39,46,000/-.
[b] The appeal in M.F.A. No.102140/2022 and the corresponding M.F.A. CROB No.100052/2023 are disposed of modifying the Tribunal’s common judgment and award insofar as M.V.C. No.484/2019 granting to the claimants – cross objectors a total compensation of Rs.23,72,000/-.
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[c] The appeals in M.F.A. Nos.101961/2021, 101962/2021, 102012/2021 and M.F.A. No.102013/2021 are dismissed.
[d] The amounts in deposit in each of the corresponding appeals shall be transmitted to the Tribunal, along with the TCR, for disbursement to the respective claimants subject to the Tribunal’s
order on apportionment. The Tribunal shall disburse 70% of the compensation payable to each of the claimants immediately and invest 30% with any Nationalized Bank in interest yielding deposits for a period of three years.
[e] The appellant – Insurer shall deposit the compensation awarded to the respective claimants with the Tribunal, subject to the amounts already deposited, within a period
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of eight weeks from the date of receipt of certified copy of this order.
Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE
RSH, CT:VP LIST NO.: 1 SL NO.: 23