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2025 DAILYLAW 52250 (KAR)

NASIR KHAN S/O. FATHE KHAN PATHAN v. SUM SANGEETA D/O. GANGARAM KOKARE

MFA/101556/2016 · 2025-09-22

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100473 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 101554 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101555 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 101556 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100474 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100475 OF 2017 (MV-I) IN MFA No. 100473/2017 BETWEEN: SMT. JANNABAI W/O BHAGU EDIGE AGE: 44 YEARS, OCC. AGRIL & COOLIE R/O. GUNJAWATI, TQ. MUNDAGOD NOW R/O SHIVAJI NAGAR 1ST CROSS, HAVERI, DIST. HAVERI. …APPELLANT (BY SRI. CHANDRASHEKHAR M HOSAMANI, ADVOCATE) AND: 1. SRI. NASIR KHAN S/O FATHE KHAN PATHAN AGE:MAJOR, OCC. BUSINESS R/O Y.B. ROAD, MUNDAGOD TQ. MUNDAGOD, DIST. KARWAR (OWNER OF TOOFAN MAXI CAB BEARING REG. NO.KA-31/7296) 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. GLASS HOUSE, HUBBALLI. (POLICY NO.602504/31/12/6100001889) (VALID FROM 28.05.2012 TO 27.05.2013) …RESPONDENTS (BY SRI. GIRISH A YADAWAD, ADV FOR R1, SRI. GANGADHAR S. HOSAKERI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2016 PASSED IN MVC MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS NO.407/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 101554/2016 BETWEEN: 1. NASIR KHAN S/O. FATHE KHAN PATHAN AGE:48 YEARS, OCC:BUSINESS, R/O. Y B ROAD, MUNDAGOD, TQ:MUNDAGOD, DIST:KARWAR -581346 (OWNER OF TOOFAN MAXI CAB BEARING REG. NO.KA-31/7296) ...APPELLANT (BY SRI. GIRISH A YADAWAD.,ADVOCATE) AND: 1. SMT. JANNABAI W/O. BAGHU EDIGE AGE:43 YEARS, OCC:AGRIL & COOLIE, R/O. GUNJAVATI, TQ:MUNDAGOD, NOW, R/O SHIVAJI NAGAR, 1ST CROSS, HAVERI, DIST:HAVERI 581 110 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATA COMPLEX, OPP:GLASS HOUSE, HUBLI, DIST: DHARWAD -580 029 (POLICY NO.602504/31/12/6100001889 VALID FROM 28.05.2012 TO 27.05.2013). ...RESPONDENTS (BY SRI. CHANDRASHEKHAR M HOSAMANI, ADV FOR R1, SRI. GANGADHAR S HOSAKERI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2016 PASSED IN MVC NO.407/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HAVERI, AWARDING - 3 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS COMPENSATION OF RS. 1,70,960/- ALONG WITH THE INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 101555/2016 BETWEEN: 1. NASIR KHAN S/O. FATHE KHAN PATHAN AGE:48 YEARS, OCC:BUSINESS, R/O. Y B ROAD, MUNDAGOD, TQ:MUNDAGOD, DIST:KARWAR-581346, (OWNER OF TOOFAN MAXI CAB BEARING REG. NO.KA-31/7296) ...APPELLANT (BY SRI. GIRISH A YADAWAD., ADVOCATE) AND: 1. SMT. SAVITA W/O. GANGARAM KOKARE AGE:33 YEARS, OCC: AGRIL & COOLIE, R/O. GUNJAVATI, TQ:MUNDAGOD, DIST: KARWAR, NOW R/O. SHIVAJI NAGAR, 1ST CROSS, HAVERI, DIST:HAVERI-581110. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATA COMPLEX, OPP:GLASS HOUSE, HUBLI, DIST:DHARWAD-580029. (POLICY NO.602504/31/12/6100001889 VALID FROM 28.05.2012 TO 27.05.2013) ...RESPONDENTS (BY SRI. CHANDRASHEKHAR M HOSAMANI, ADV FOR R1, SRI. GANGADHAR S HOSAKERI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2016 PASSED IN MVC NO.408/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HAVERI, AWARDING COMPENSATION OF RS.1,70,960/- ALONG WITH THE INTEREST - 4 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING. IN MFA NO. 101556/2016 BETWEEN: NASIR KHAN S/O. FATHE KHAN PATHAN AGE:48 YEARS, OCC:BUSINESS, R/O. Y B ROAD, MUNDAGOD, TQ:MUNDAGOD, DIST:KARWAR (OWNER OF TOOFAN MAXI CAB BEARING REG. NO.KA-48-J-9382) ...APPELLANT (BY SRI. GIRISH A YADAWAD., ADVOCATE) AND: 1. KUM SANGEETA D/O. GANGARAM KOKARE AGE: 06 YEARS, OCC:NIL, REPRESENTED BY M/G HER MOTHER SMT. SAVITA W/O. GANGARAM KOKARE R/O. GUNJAVATI, TQ:MUNDAGOD, DIST:KARWAR, NOW R/O. SHIVAJNAGAR 1ST CROSS HAVERI, DIST:HAVERI. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. SUJATA COMPLEX, OPP. GLASS HOUSE, HUBLI DIST:DHARWAD, (POLICY NO.602504/31/12/6100001889 VALID FROM 28.05.2012 TO 27.05.2013) ...RESPONDENTS (BY SRI. CHANDRASHEKHAR M HOSAMANI, ADV FOR R1, SRI. GANGADHAR S HOSAKERI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2016 PASSED IN MVC NO.409/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HAVERI, AWARDING COMPENSATION OF RS. 15,000/- ALONG WITH THE INTEREST - 5 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 100474/2017 BETWEEN: SMT. SAVITA W/O GANGARAM KOKARE, AGE 34 YEARS, OCC: AGRICULTURIST & COOLIE, R/O: GUNJAWATI, TQ: MUNDAGOD, NOW R/O: SHIVAJI NAGAR, 1ST CROSS, HAVERI, DIST: HAVERI. ...APPELLANT (BY SRI. CHANDRASHEKHAR M HOSAMANI., ADV) AND: 1. SRI.NASIR KHAN S/O FATHE KHAN PATHAN, AGE: MAJOR, OCC: BUSINESS, R/O: Y B ROAD, MUNDAGOD, TQ: MUNDAGOD, DIST: KARWAR, (OWNER OF TOOFAN MAXI CAB BEARING ITS REG. NO.KA-31/7296) 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. GLASS HOUSE, HUBBALLI, (POLICY NO.602504/31/12/6100001889) (VALID FROM 28/05/2012 TO 27/05/2013) ...RESPONDENTS (BY SRI. GIRISH A YADAWAD, ADV FOR R1, SRI. GANGADHAR S. HOSAKERI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2016 PASSED IN MVC NO.408/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 6 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS IN MFA NO. 100475/2017 BETWEEN: KUM. SANGEETA D/O GANGARAM KOKARE, AGE: 06 YEARS, OCC: NIL, R/BY MINOR GUARDIAN MOTHER, SMT. SAVITA W/O GANGARAM KOKARE, R/O: GUNJAWATI, TQ: MUNDAGOD, NOW R/O: SHIVAJI NAGAR, 1ST CROSS, HAVERI, DIST: HAVERI. ...APPELLANT (BY SRI. CHANDRASHEKHAR M HOSAMANI., ADV) AND: 1. SRI.NASIR KHAN S/O FATHE KHAN PATHAN, AGE: MAJOR, OCC: BUSINESS, R/O: Y B ROAD, MUNDAGOD, TQ: MUNDAGOD, DIST: KARWAR, (OWNER OF TOOFAN MAXI CAB BEARING ITS REG. NO.KA-31/7296) 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. GLASS HOUSE, HUBBALLI, (POLICY NO.602504/31/12/6100001889) (VALID FROM 28/05/2012 TO 27/05/2013) ...RESPONDENTS (BY SRI. GIRISH A YADAWAD, ADV FOR R1, SRI. GANGADHAR S. HOSAKERI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2016 PASSED IN MVC NO.409/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 7 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT M.F.A.Nos.100473/2017, 100474/2017 and 100475/2017 are filed by the petitioners being dissatisfied with the quantum of compensation awarded by the Tribunal and M.F.A.Nos.101554/2016, 101555/2016 and 101556/2016 are filed by the owner of the offending vehicle, challenging the judgment and award dated 23.02.2016 passed in M.V.C.Nos.407/2013, 408/2013 and 409/2013 by the learned Prl. Senior Civil Judge and A.M.A.C.T., Haveri. 2. Brief facts leading rise to the filing of these appeals are as follows: On 20.10.2012, around 06.00 p.m., the petitioners were traveling to Mundagod as passengers in Toofan Maxi Cab bearing registration No.KA-31/7296 by its driver in a rash and negligent manner and the driver lost control over - 8 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS the vehicle and toppled it. As a result, the petitioners sustained grievous injuries in the accident and a criminal case was registered against the driver of the offending vehicle in Crime No.120/2012 for the offences punishable under Sections 279, 337 and 338 of IPC. Hence, the petitioners filed the claim petitions under Section 166 of the M.V. Act seeking compensation. 3. The owner of the offending vehicle filed separate statement of objections to all the claim petitions and contended that the driver was possessing a valid and effective driving license as of the date of the accident. It is also contended that the Insurance Policy was valid. Hence, prays to dismiss the claim petitions against the owner of the offending vehicle. 4. The Insurance Company filed a statement of objections denying the averments made in the claim petitions and contended that as of the date of the accident, the policy was not in force. It is also contended - 9 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS that the owner used the vehicle for carrying more than 15 passengers from one stage to another. It is further contended that the driver of the offending vehicle was not possessing a valid and effective driving licence as of the date of accident. Thus, there is a violation of the policy conditions and prays to dismiss the claim petitions against the Insurance Company. 5. The Tribunal clubbed all the claim petitions and framed the common issues and also recorded the common evidence. 6. The petitioners examined themselves as PW-1 to PW3, examined the doctor as PW-4 and marked 10 documents as Exs.P-1 to P-10. Respondent No.1 was examined as RW-1 and marked 6 documents as Exs.R-1 to R-6. The Administrative Officer of the Insurance Company was examined as RW-2 and marked one document as Ex.R-7. - 10 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part with costs and awarded compensation of Rs.1,70,960/- in M.V.C. No.407/2013, compensation of Rs.15,000/- each in M.V.C. Nos.408/2013 and 409/2013 and held the owner of the offending vehicle liable to pay the compensation and directed the owner of the offending vehicle to deposit the compensation amount within 30 days from the date of the award. The owner of the offending vehicle, aggrieved by the liability, preferred the appeals in M.F.A. Nos.101554/2017, 101555/2017 and 101556/2017 and the petitioners, being dissatisfied with the quantum of compensation, preferred the appeals in M.F.A. Nos.100473/2017, 100474/2017 and 100475/2017. 8. Heard the arguments of the learned counsel for the petitioners, the learned counsel for the owner of the offending vehicle and the learned counsel for Insurance Company. - 11 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS 9. Learned counsel for the owner of the offending vehicle submits that the offending vehicle was insured with the Insurance Company as of the date of accident. He submits that the owner had purchased the offending vehicle by borrowing the loan from Sirsi Urban Cooperative Bank and the said bank got insured the vehicle by debiting amount from the account pertaining to the owner. The vehicle was insured as a commercial vehicle for the first year but the Bank has paid premium for getting insured as a private car for the second year without informing the owner about the same. The owner was under the impression that his vehicle was insured as a commercial vehicle. The owner was shocked to see that his vehicle is insured as a private car only after the accident. He also submits that he has produced an endorsement issued by the Insurance Company dated 28.05.2011 which discloses that the Insurance Company has declared and agreed that by oversight the vehicle was wrongly written as ‘private car’ instead of a ‘commercial vehicle’. He further submits - 12 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS that an additional amount was recovered from him and it has retrospective effect i.e., from 27.05.2012 and he submits that the vehicle met with an accident on 20.10.2011 i.e., on the date of the accident, the vehicle was insured by the Insurance Company. The Tribunal without considering the said aspect, has committed an error in fastening the liability on the owner of the vehicle. Hence, on these grounds, he prays to allow the appeals filed by the owner of the offending vehicle. 10. Per contra, learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. Hence, he prays to allow the appeals filed by the petitioners. 11. Per contra, learned counsel for the Insurance Company did not dispute the fact of issuing endorsement as per Ex.R-2 and he submits that the Insurance Company admits the contents of Ex.R-2 that due to mistake, instead of writing as a ‘commercial car’ it is written as a ‘private - 13 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS car’ and also the said endorsement discloses that the policy was in force as on the date of the accident. Hence, on these grounds, he prays to dispose of the appeals. 12. Perused the records and considered the submissions of the learned counsel for the parties. 13. The points that would arise for consideration are regarding the liability and the quantum of compensation. 14. There is no dispute regarding the occurrence of accident and the petitioners having sustained injuries in the road traffic incident. The petitioners, to prove their claim, examined themselves as PW-1 to PW-3 and also produced the documents marked as Exs.P-1 to P-10. The certified copy of the charge sheet discloses that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. Hence, the Tribunal was justified in recording the finding regarding rash and negligent driving of the driver of the offending vehicle. - 14 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS Regarding liability: 15. The owner of the offending vehicle contended that as of the date of accident, the vehicle was insured by the Insurance Company and the Insurance Company has produced the insurance policy marked as Ex.R-7. The Insurance Company itself has produced Ex.R-2 wherein the Insurance Company has declared and accepted that instead of writing as ‘a commercial car’, it has been wrongly written as ‘a private car’ and the insurance was valid as on the date of the accident. However, the Tribunal did not consider Ex.R-2 and committed an error in recording the finding that as of the date of the accident, the vehicle was not insured with the Insurance Company. The said finding recorded by the Tribunal is contrary to Ex.R-2. Considering Ex.R-2, this Court is of the opinion that as of the date of accident, the offending vehicle was insured with the Insurance Company and the driver was possessing a valid and effective driving license as of the date of accident and there is no breach of policy - 15 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS conditions. Hence, the Insurance Company is liable to indemnify the insurer against the third party. Therefore, the Insurance Company and the owner of the offending vehicle are jointly and severally liable to pay the compensation amount to the petitioners. The finding recorded by the Tribunal in regard to the liability is required to be set aside. Regarding quantum of compensation: 16. The petitioner in M.F.A.No.100473/2017 examined the doctor as PW-4 who opined that the petitioner has suffered a permanent disability to the extent of 60% wherein the Tribunal has assessed taken 1/3rd of the disability assessed by the doctor i.e., 12% which is just and proper. The petitioners have not produced any income proof. In the absence of income proof, the income has to be considered as per the schedule notified by the Karnataka State Legal Services Authority. The accident is of the year 2012. As per the schedule, the notional income - 16 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS is to assessed at Rs.6,500/- p.m. The petitioner was aged 42 years as of the date of the accident and the Tribunal has rightly applied the multiplier of 14 to the age group of the petitioner. Accordingly, the loss of earning capacity of the petitioner is worked out as follows: Rs.6,500 x 12 x 14 x 12% = 1,31,040/- 17. Considering the entire evidence on record, this Court re-assesses the compensation under the following heads: Sl.No. HEADS AMOUNT 1. Pain and suffering Rs.30,000/- 2. Medical expenses --- 3. Loss of amenities Rs.25,000/- 4. Special diet, conveyance and incidental charges Rs.10,000/- 6. Loss of income during laid up period Rs.13,000/- 7. Loss of future income Rs.1,31,040/- Total Rs.2,09,040/- Less: Compensation awarded by the Tribunal Rs.1,70,960/- Enhanced compensation Rs.38,080/- 18. Thus in all, the petitioner in M.F.A. No.100473/2017 is entitled to a total compensation of - 17 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS Rs.2,09,040/- as against Rs.1,70,960/- and enhanced compensation of Rs.38,080/-. 19. The petitioners in M.F.A.Nos.100474/2017 and 100475/2017 have suffered simple injuries and the Tribunal awarded the compensation of Rs.15,000/- each which is on the lower side. Hence, considering the nature of injuries suffered by the petitioners in M.F.A. Nos.100474/2017 and 100475/2017, this Court is of the opinion that the said petitioners are entitled for global compensation of Rs.30,000/- including the compensation awarded by the Tribunal. 20. In view of the above discussion, I proceed to pass the following: ORDER (i) M.F.A.Nos.100473/2017, 100474/2017 and 100475/2017 filed by the petitioners are allowed in part. - 18 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS (ii) M.F.A.Nos.101554/2016, 101555/2016 and 101556/2016 filed by the owner of the offending vehicle are allowed. (iii) The judgment and award dated 23.02.2016 passed in M.V.C.Nos.407/2013, 408/2013 and 409/2013 by the learned Prl. Senior Civil Judge and A.M.A.C.T., Haveri is modified. (iv) The finding recorded by the Tribunal in regard to the liability fastened on the owner to pay the compensation is set aside. (v) The petitioner M.F.A.No.100473/2017 is entitled to enhanced compensation of Rs.38,080/- and the petitioners in M.F.A. Nos.100474/2017 and 100475/2017 are entitled for global compensation of Rs.30,000/- each including the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till realization. (vi) Respondents No.1 and 2 are jointly and severally liable to pay the compensation amount with accrued interest to the petitioners. - 19 - HC-KAR NC: 2025:KHC-D:12890 MFA No. 100473 of 2017 C/W MFA No. 101554 of 2016 MFA No. 101555 of 2016 AND 3 OTHERS (vii) The Insurance Company is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this judgment. (viii) The office is directed to transmit the records to the Tribunal and also directed to refund the amount deposited by the owner of the offending vehicle in his favour on proper identification. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 29