- 1 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103608 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 103609 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 103610 OF 2018 (MV-D) MFA CROSS OBJ NO. 100077 OF 2023 (MV-D) MFA CROSS OBJ NO. 100078 OF 2023 (MV-D) MFA CROSS OBJ NO. 100079 OF 2023 (MV-D) IN MFA No. 103608/2018 BETWEEN: 1. THE DIVISIONAL MANAGER M/S. NATIONAL INDIA ASSURANCE COMPANY LIMITED, PARVATHI NAGAR, OPP. GANESH PETROL BUNK, BALLARI-583101, NOW REP BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI. RAJASHEKHAR S ARANI., ADV) AND: 1. MINOR Y T LATHA D/O SMT.NAGAMMA AGED 18 YEARS, OCC: STUDENT, R/O: KENCHAMALLANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARI-583135 2. SRI. PAVAN KUMAR S/O SULTHAN SINGH AGE: 33 YEARS, OCC: DRIVER OF LORRY BEARING NO.HR-61/6815, R/O: VPO, BHURAWAS JHAJJAR TQ & DIST-124103. 3. SRI. S.H. NASIB SINGH S/O SH RAMPHAL AGE: 42 YEARS, OCC: OWNER OF THE LORRY BEARING HR 61/C-6815, R/O: H.NO.78, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.27 11:23:33 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS VILL BHURAWAS, THE TOSHAM, BHIWANI DISTRICT-124103. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1, NOTICE TO R2 IS DISPENSED WITH & R3 IS SERVED) THIS MFA IS FILED U/SEC. 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO. 633/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO-III AT BALLARI, AWARDING COMPENSATION OF RS.2,05,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. IN MFA NO. 103609/2018 BETWEEN: 1. THE DIVISIONAL MANAGER M/S. NATIONAL INDIA ASSURANCE COMPANY LIMITED, PARVATHI NAGAR, OPP. GANESH PETROL BUNK, BALLARI, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY-583101. ...APPELLANT (BY SRI. RAJASHEKHAR S ARANI., ADV) AND: 1. SRI. MALLIKARJUNA S/O SRI AJJAPPA AGED 42 YEARS, OCC: DHOBHI, R/O: KENCHAMALLANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARI-583135. 2. SRI. PAVAN KUMAR S/O SULTHAN SINGH AGE: 33 YEARS, OCC: DRIVER OF LORRY BEARING NO.HR-61/6815, R/O: VPO, BHURAWAS JHAJJAR TQ & DIST. 3. SRI. S.H. NASIB SINGH S/O SH RAMPHAL AGE: 42 YEARS, OCC: OWNER OF THE LORRY BEARING HR 61/C-6815, - 3 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS R/O: H.NO.78, VILL BHURAWAS, THE TOSHAM, BHIWANI DISTRICT-124103. ...RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1, NOTICE TO R2 IS DISPENSED WITH & R3 IS SERVED) THIS MFA IS FILED U/SEC. 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO. 634/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO-III AT BALLARI, AWARDING COMPENSATION OF RS.5,06,500/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. IN MFA NO. 103610/2018 BETWEEN: 1. THE DIVISIONAL MANAGER M/S. NATIONAL INDIA ASSURANCE COMPANY LIMITED, PARVATHI NAGAR, OPP. GANESH PETROL BUNK, BALLARI, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY-583101. ...APPELLANT (BY SRI. RAJASHEKHAR S ARANI, ADV) AND: 1. SRI. MALLIKARJUNA S/O SRI.AJJAPPA AGED 42 YEARS, OCC: STUDENT, R/O: KENCHAMALLANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARI-583135. 2. SMT. NAGAMMA W/O MALLIKARJUNA AGED 37 YEARS, OCC: HOUSEWIFE, R/O: KENCHAMALLANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARI-583135. 3. SRI. PAVAN KUMAR S/O SULTHAN SINGH AGE: 33 YEARS, OCC: DRIVER OF LORRY BEARING NO.HR-61/6815, R/O: VPO, BHURAWAS JHAJJAR TQ & DIST-124103. - 4 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS 4. SRI. S.H. NASIB SINGH S/O SH RAMPHAL AGE: 42 YEARS, OCC: OWNER OF THE LORRY BEARING HR 61/C-6815, R/O: H.NO.78, VILL BHURAWAS, THE TOSHAM, BHIWANI DISTRICT-124103. ...RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1 & R2, NOTICE TO R3 IS DISPENSED WITH & R4 IS SERVED) THIS MFA IS FILED U/SEC. 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO. 635/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO-III AT BALLARI, AWARDING COMPENSATION OF RS.9,81,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. IN MFA.CROB NO. 100077/2023 BETWEEN: 1. Y T LATHA D/O. NAGAMMA AGE 23 YEARS, OCC STUDENT R/O. KENCHAMALLANAHALLI VILLAGE TQ KUDLIGI, DIST BALLARI PRESENTLY R/O. HAMPAMMA COMPOUND S.G. COLLEGE ROAD, BALLARI-583101 ...CROSS OBJECTOR (BY SRI. HANUMANTHAREDDY SAHUKAR., ADV) AND: 1. SRI PAVAN KUMAR S/O. SULTHAN SINGH AGE 38 YEARS OCC DRIVER OF THE LORRY HR-61 C-6815 R/O. H.NO. 78, VILL BHURAWAS THE TOSHAM BHIWANI DISTRICT STATE OF HARIYANA-802119. - 5 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS 2. SRI. S. H. NASIB SINGH S/O. S.H. RAM PHAL, AGE 47 YEARS OCC DRIVER OF THE LORRY HR-61 C-6815 R/O. H.NO. 78, VILL BHURAWAS THE TOSHAM DIST. BHIWANI STATE OF HARIYANA-802119. 3. THE DIVISIONAL MANAGER M/S NATIONAL INDIA ASSURANCE CO. LTD., PARVATHI NAGAR, OPPOSITE GANESH PETROL BUNK BALLARI-583101 ...RESPONDENTS (BY SRI. RAJASHEKAR S. ARANI, ADV FOR R3, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA.CROB IN MFA NO.103608/2018 IS FILED UNDER ORDER 41 RULE 22 OF CPC, 1908, AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO. 633/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA.CROB NO. 100078/2023 BETWEEN: 1. SRI. MALLIKARJUN S/O. SRI, AJJAPPA, AGE 47 YEARS, OCC. DHOBI, R/O. KENCHAMMALLANAHALLI VILLAGE TQ KUDLIGI DIST BALLARI PRESENTLY R/O. HAMPAMMA COMPOUND S.G. COLLEGE ROAD, BALLARI—583101 2. SMT. NAGAMMA W/O. MALLIKARJUNA AGE 42 YEARS, OCC HOME MAKER R/O. KENCHAMMALLANAHALLI VILLAGE TQ KUDLIGI, DIST BALLARI - 6 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS PRESENTLY R/O. HAMAPAMMA COMPOUND S.G. COLLEGE ROAD, BALLARI-583101 ...CROSS OBJECTOR (BY SRI. HANUMANTHAREDDY SAHUKAR., ADV) AND: 1. SRI PAVAN KUMAR, S/O. SULTHAN SINGH, AGE. 38 YEARS, OCC. DRIVER OF THE LORRY HR-61 C-6815 R/O. H.NO. 78, VILL BHURAWAS THE TOSHAM BHIWANI DIST. STATE OF HARIYANA-802119. 2. SRI. S. H. NASIB SINGH S/O. S.H. RAM PHAL AGE 47 YEARS OCC DRIVER OF THE LORRY HR-61 C-6815 R/O. H.NO. 78, VILL BHURAWAS THE TOSHAM BHIWANI DISTRICT STATE OF HARIYANA-802119. 3. THE DIVISIONAL MANAGER M/S NATIONAL INDIA ASSURANCE CO LTD., PARVATHI NAGAR, OPPOSITE GANESH PETROL BUNK, BALLARI-583101 ...RESPONDENTS (BY SRI. RAJASHEKAR S. ARANI, ADV FOR R3, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA.CROB IN MFA NO.103610/2018 IS FILED UNDER ORDER 41 RULE 22 OF CPC. 1908, AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO. 635/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 7 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS IN MFA.CROB NO. 100079/2023 BETWEEN: 1. SRI. MALLIKARJUNA S/O. SRI, AJJAPPA AGE 47 YEARS, OCC DHOBI R/O. KENCHAMMALLANAHALLI VILLAGE TQ KUDLIGI, DIST BALLARI PRESENTLY R/O. HAMPAMMA COMPOUND S.G. COLLEGE ROAD, BALLARI--583101 ...CROSS OBJECTOR (BY SRI. HANUMANTHAREDDY SAHUKAR., ADV) AND: 1. SRI PAVAN KUMAR S/O. SULTHAN SINGH AGE 38 YEARS, OCC DRIVER OF THE LORRY HR-61 C-6815, R/O. H.NO.78, VILL BHURAWAS THE TOSHAM BHIWANI DIST. STATE OF HARIYANA-802119. 2. SRI. S. H. NASIB SINGH S/O. S.H. RAM PHAL, AGE 47 YEARS OCC DRIVER OF THE LORRY HR-61 C-6815 R/O. H.NO. 78, VILL BHURAWAS THE TOSHAM BHIWANI DISTRICT STATE OF HARIYANA-802119. 3. THE DIVISIONAL MANAGER M/S NATIONAL INDIA ASSURANCE CO. LTD., PARVATHI NAGAR, OPPOSITE GANESH PETROL BUNK, BALLARI-583101 ...RESPONDENTS (BY SRI. RAJASHEKAR S. ARANI, ADV FOR R3, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA.CROB IN MFA NO.103609/2018 IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 28.06.2018 PASSED IN MVC NO. 634/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MOTOR ACCIDENT CLAIMS TRIBUNAL NO-III AT BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 8 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS THESE APPEALS AND CROSS-OBJECTIONS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These appeals and cross-objections are arising out of a common judgment and award dated 28.06.2018 passed in MVCs No.633/2016 to 635/2016 by the learned Principal Senior Civil Judge –cum- Motor Accident Claims Tribunal No.III, Ballari (‘Tribunal’ for short). 2. Brief facts leading rise to the filing of these appeals and cross-objections are as follows: 2.1. On 01.04.2016, the petitioner in MVC No.633/2016 and the deceased in MVC No.635/2016 being the pillion-riders and the petitioner in MVC No.634/2016 being the rider of the motorcycle bearing Reg.no.KA-35/Q- 7516, were proceeding from Kenchamallanahalli Village towards Khanamadagu Government High School for writing SSLC examination. When they reached near Alur on NH-13, a lorry bearing Reg.No.HR-61/C-6815 came - 9 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS from Chitradurga with high speed in a rash and negligent manner and dashed to the motorcycle. As a result, the petitioners in MVCs no.633/2016 and 634/2016 have sustained grievous injuries and the deceased in MVC No.635/2016 suffered injuries and succumbed to the injuries. The petitioners in MVC No.635/2016 being the legal representatives of the deceased and the petitioners in other claim petitions filed the claim petitions under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of injuries and the death in a road traffic accident. 3. Respondents No.1 and 2 – the driver and the owner have filed the statement of objections admitting the petition averments regarding the accident in question and the fact that respondent No.1 was the driver and respondent No.2 was the owner of the lorry. It is contended that, the driver of the lorry was possessing a valid and effective driving license as of the date of accident and the offending vehicle was insured with - 10 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS respondent No.3 – Insurance Company. Hence, pray to dismiss the claim petition against the owner and driver of the lorry. 4. Respondent No.3 – Insurance Company filed a statement of objections denying the averments made in the claim petition and contended that, the driver of the offending lorry did not possess a valid and effective driving license as of the date of accident. There is a breach of policy condition. Hence, prays to dismiss the claim petition against the Insurance Company. 5. The Tribunal clubbed all the claim petitions, framed the separate issues and recorded common evidences. 6. The petitioners, to substantiate their case, the natural mother and guardian of the petitioner in MVC No.633/2016, the petitioner in MVC No.634/2016, petitioner No.1 in MVC No.635/2016 were examined as PWs-1 to 3 respectively, the Doctor was examined as - 11 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS PW-4 and 5, and marked 42 documents as Exs.P1 to P42. In rebuttal, the Insurance Company examined its Officer as RW-1 and marked 2 documents as Exs.R1 and R2. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part with costs and awarded compensation amounts of Rs.2,05,000/- in MVC No.633/2016, Rs.5,06,500/- in MVC No.634/2016 and Rs.9,81,000/- in MVC No.635/2016 with interest at the rate of 9% p.a. from the date of petitions till the realisation and directed the Insurance Company to deposit the compensation amount. The claim petitions were dismissed against the owner and the driver of the offending vehicle. 8. The Insurance Company, aggrieved by the impugned judgment and awards, preferred appeals in MFAs No.103608/2018, 103609/2018 and 103610/2018 challenging the liability and the quantum of compensations. The petitioners, being dissatisfied with - 12 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS the quantum of compensations, preferred cross-objections in MFA CROBs No.100077/2023, 100078/2023 and 100079/2023. 9. Heard the arguments of learned counsel for the Insurance Company and learned counsel for the petitioners. 10. Learned counsel for the Insurance Company submits that, the rider of the motorcycle had also contributed for the cause of accident. The accident had caused due to the composite negligence on the part of the rider of the motorcycle in question and the driver of the offending lorry. He submits that, the Tribunal could have fastened the liability on the rider of the motorcycle as well. Thus, the Tribunal committed an error in declining to saddle the liability on the rider of the motorcycle. He also submits that, the compensation awarded by the Tribunal is on the higher side. Hence, on these grounds, he prays to - 13 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS allow the appeals filed by the Insurance Company and dismiss the cross-objections filed by the petitioners. 11. Per contra, learned counsel for the petitioners/cross-objectors submits that, the charge sheet is not filed against the rider of the motorcycle and the rider of the motorcycle has not contributed for the cause of the accident. He also submits that, the burden is on the Insurance Company to establish that, the accident had caused due to the contributory negligence on the part of the rider of the motorcycle in question. He submits that, the Insurance Company has not examined any eye- witnesses to establish that, the rider of the motorcycle has also contributed for the cause of the accident. Hence, he submits that, the Tribunal was justified in saddling the liability on the Insurance Company. He also submits that, the compensation amounts awarded by the Tribunal are on the lower side. Hence, on these grounds, he prays to allow the cross-objections filed by the petitioners and dismiss the appeals filed by the Insurance Company. - 14 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS 12. Perused the records and considered the submissions of learned counsel for the parties. The points that would arise for consideration are, regarding liability and quantum of compensations. Reg. Liability: 13. There is no dispute about the occurrence of accident and also the petitioners in MVCs No.633/2016 and 634/2016 have suffered grievous injuries and the deceased in MVC No.635/2016 sustained grievous injuries and succumbed to the said injuries. The petitioners, to prove that the accident occurred due to rash and negligent driving of the driver of the lorry, have produced charge sheet marked as Ex.P12 which discloses that the accident occurred due to the sole negligence on the part of the driver of the lorry. The rider of the motorcycle has not contributed for the cause of accident. The Insurance Company has taken a specific defence in the statement of objections that, the rider of the motorcycle has also - 15 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS contributed for the cause of the accident. The Insurance Company, except pleading, has not proved the same by leading cogent evidence. In the absence of cogent evidence, the Tribunal was justified in recording its finding that the accident caused due to the sole negligence on the part of the driver of the lorry. Reg. Quantum of compensations: MFA No.103608/2018 and MFA CROB No. 100077/2023: 14. In MVC No.633/2016, the petitioner was aged about 16 years as of the date of accident. The multiplier applicable to her age group as per the proposition laid down by the Hon’ble Supreme Court in the case of Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another1 is ‘18’. The petitioner has examined the Doctor as PW-4 and 5, wherein he deposed that, the petitioner has 12% disability to the whole body, 1 (2009) 6 SCC 121 - 16 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS wherein the Tribunal has assessed the disability at 6%, which is just and proper. The petitioner, to prove her income, has not produced any proof of income. In the absence of proof of income, the Tribunal assessed her income at Rs.6,000/- per month. This Court re-assesses the notional income as per the schedule notified by the Karnataka State Legal Services Authority (‘KSLSA’ for short) at Rs.8,750/- per month as the accident is of the year 2016. Considering the evidence of PW-4 and 5 and medical records, this Court re-assesses the compensation under the following heads: Compensation awarded in Rs. Particulars By the Tribunal By this Court Pain and sufferings 30,000 40,000 Loss of income of parents during laid-up period 20,000 17,500 (Rs.8,750/- x 2) Loss of amenities and comfort 40,000 40,000 - 17 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS Medical expenses 35,000 35,000 Attendant charges, conveyance, food, diet, nourishment and other incidental expenses 20,000 20,000 For permanent physical impairment 60,000 - Loss of future income - 1,13,400 (8,750 x 12 x 18 x 6%) Total 2,05,000 2,65,900 Enhanced by this Court 60,900 Thus, the petitioner is entitled to an enhanced compensation of Rs.60,900/-. MFA No.103609/2018 and MFA CROB No. 100079/2023: 15. The petitioner in MVC No.634/2016 was aged about 40 years as of the date of accident and the petitioner has not produced any proof of income. In the absence of income proof, the Tribunal assessed the notional income at Rs.9,000/-, which is on the higher side. This Court re-assesses the notional income at Rs.8,750/- - 18 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS as per the schedule notified by KSLSA. The multiplier applicable to his age group is ‘15’. The petitioner examined the Doctor as PW-4 and 5, who assessed the disability at 18%, but the Tribunal has assessed the disability at 12%, which is just and proper. Considering the nature of injuries and medical records, this Court re-assesses the compensation under the following heads: Compensation awarded in Rs. Particulars By the Tribunal By this Court Pain and sufferings 40,000 50,000 Loss of income of during laid-up period 30,000 17,500 (Rs.8,750/- x 2) Attendant charges, conveyance, food, diet, nourishment and other incidental expenses 30,000 40,000 Medical expenses 50,000 50,000 Loss of amenities and comfort 75,000 75,000 - 19 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS For permanent physical impairment 1,00,000 1,00,000 Loss of future income 1,81,440 1,89,000 (8,750 x 12 x 15 x 12%) Total 5,06,440 5,21,500 Enhanced by this Court 15,060 Thus, the petitioner is entitled to an enhanced compensation of Rs.15,060/-. MFA No.103610/2018 and MFA CROB No. 100078/2023: 16. In MVC No.635/2016, the deceased was aged about 16 years. To prove the income of the deceased, the petitioners have not produced any proof of income. The Tribunal has assessed the income of the deceased at Rs.5,000/-, which is on the lower side. This Court re- assesses the income as per the schedule notified by the KSLSA at Rs.8,750/- as the accident is of the year 2016. The deceased was aged about 16 years. Hence, 40% future prospects has to be added as per the proposition - 20 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS laid down by the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and Others2 i.e., Rs.8,750/- + Rs.3,500/- = Rs.12,250/-. As the deceased was a bachelor, 50% income has to be deducted out of the monthly income i.e., Rs.6,125/-. The multiplier applicable to the age group of the deceased is ‘18’. Thus, the petitioners are entitled to compensation of Rs.13,23,000/- towards loss of dependency. There are two petitioners. Each petitioner is entitled for compensation of Rs.48,000/- towards loss of consortium (Rs.48,000/- x 2 = Rs.96,000/-). The petitioners are also entitled for Rs.36,000/- towards loss of estate and funeral expenses (Rs.18,000/- + Rs,18,000/-). The petitioners have produced medical bills to show that they have spent medical expenses on the deceased for Rs.1,95,000/-. Thus, the petitioners are entitled to total compensation as follows: 2 (2017) 16 SCC 680 - 21 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS Particulars Compensation awarded by this Court in Rs. Loss of dependency 13,23,000 Loss of consortium 96,000 Loss of estate 18,000 Funeral expenses 18,000 Medical expenses 1,95,000 Total 16,50,000 Enhanced by this Court 6,69,000 (16,50,000 – 9,81,000) Thus, the petitioners are entitled to an enhanced compensation of Rs.6,69,000/-. 17. In view of the above discussion, I proceed to pass the following: ORDER i. The appeals filed by the Insurance Company are dismissed; - 22 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS ii. The cross-objections filed by the petitioners are allowed-in-part; iii. The petitioner in MVC No.633/2016 is entitled to an enhanced compensation of Rs.60,900/-, the petitioner in MVC No.634/2016 is entitled to an enhanced compensation of Rs.15,060/- and the petitioners in MVC No.635/2016 are entitled to an enhanced compensation of Rs.6,69,000/- with interest at the rate of 6% p.a. from the date of petition till its realisation; iv. The petitioners in all the cross-objections are not entitled to an interest for delay of 904 days in filing the cross-objections; v. The Insurance Company is directed to deposit the entire compensation amounts with accrued interest at the rate of 6% p.a. within 8 weeks from the date of receipt of a copy of this judgment; vi. The amount in deposit, if any, and the Trial Court records shall be transmitted to the Tribunal, forthwith; - 23 - HC-KAR NC: 2025:KHC-D:13438 MFA No. 103608 of 2018 C/W MFA No. 103609 of 2018 MFA No. 103610 of 2018 AND 3 OTHERS vii. Pending interlocutory application(s), if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 22