- 1 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 03RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100392 OF 2014 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 100385 OF 2014 MISCELLANEOUS FIRST APPEAL NO. 100394 OF 2014 MISCELLANEOUS FIRST APPEAL NO. 102327 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102328 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102329 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102330 OF 2016 IN MFA NO. 100392 OF 2014: BETWEEN: 1. MURTUZSAB S/O PEERASAHEB PEERJADE, AGE: 44 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 2. 2A. FATIMA W/O MURTUZSAB PEERJADE, DEAD BY LR’S., SHAMEENA D/O MURTUZSAB PEERJADE, AGE: 21 YEARS, OCC: STUDENT, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 2B. DADAPEER S/O MURTUZSAB PEERJADE, AGE: 19 YEARS, OCC: STUDENT, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. … APPELLANTS (BY SRI N.B. KALLED, ADVOCATE.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 AND: 1. SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: MAJOR, OCC: OWNER OF VEHICLE, BEARING NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C.NO.535/2008 ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. IN MFA NO. 100385 OF 2014: BETWEEN: 1. MAHIRUNBI W/O ANWARSAB NARAGUND, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. FATIMA W/O MURTUZSAB PEERJADE, DEAD BY HIS LR’S., 2. MURTUZSAB PEERJADE @ SAHEBERA FEE, AGE AROUND 50 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. - 3 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 3. SHAMENA D/O MURTUZSAB PEERJADE, AGE: 27 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 4. DADAPEER S/O MURTUZSAB PEERJADE, AGE: 25 YEARS, OCC: STUDENT, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. … APPELLANTS (BY SRI N.B. KALLED, ADVOCATE.) AND: 1. SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: MAJOR, OCC: OWNER OF VEHICLE BEARING NO. KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE FOR R1; SRI S.S.KOLIWAD, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C.NO.534/2008 ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. IN MFA NO. 100394 OF 2014: BETWEEN: JUBEDABI W/O ABDULSAB SHAIKH, AGE: 53 YEARS, OCC: BANGLES SELLER (BALEGAR), - 4 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 PRESENTLY NIL, R/O: SECTOR NO.40, NAVANAGAR, BAGALKOT, TQ: AND DIST: BAGALKOT. … APPELLANT (BY SRI N.B. KALLED, ADVOCATE.) AND: 1. SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: MAJOR, OCC: OWNER OF VEHICLE BEARING NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI PRAKASH N. HOSAMANE, ADVOCATE FOR R1; SRI S.S.KOLIWAD, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C. NO.573/2008, ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. IN MFA NO. 102327 OF 2016: BETWEEN: SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: 38 YEARS, OCC: OWNER OF THE VEHICLE BEARING REG.NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. … APPELLANT (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE.) - 5 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 AND: 1. MAHIRUNBI W/O ANWAR SAB NARAGUND, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 2. 2A. FATIMA W/O MURTUZSAB PEERJADE, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: SECTOR NO.40, NAVANAGAR, BAGALKOT, TQ: AND DIST: BAGALKOT. SINCE DEAD BY LR’S., MURTUJASAB S/O PEERASAB @ SAHEB PASHA, AGE: 50 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, BAGALKOT, TQ: AND DIST: BAGALKOT. 2B. SHAMEENA D/O MURTUJASAB PEERAJADE, AGE: 27 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, BAGALKOT, TQ: AND DIST: BAGALKOT. 2C. DADAPEER S/O MURTAJASAB PEERAJADE, AGE: 25 YEARS, OCC: COOLIE WORK, R/O: SECTOR NO.40, NAVANAGAR, BAGALKOT, TQ: AND DIST: BAGALKOT. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B.ROAD, DHARWAD. … RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R3; SRI N.B. KALLED, ADVOCATE FOR R1 AND R2(A TO C).) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO EXAMINE AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C.NO.534/2008 ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. - 6 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 IN MFA NO. 102328 OF 2016: BETWEEN: SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: MAJOR, OCC: OWNER OF THE VEHICLE BEARING REG. NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. … APPELLANT (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE.) AND: 1. MURTUZSAB S/O PEERASAB PEERJADE, AGE: 50 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 2. FATIMA W/O MURTUZSAB PEERJADE SINCE DEAD BY HER LR’S., 2A. SHAMEENA D/O MURTUZSAB PEERJADE, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, 2B. DADAPEER S/O MURTAZSAB PEERJADE, AGE: 25 YEARS, OCC: COOLIE, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI S.S.KOLIWAD, ADVOCATE FOR R3; SRI N.B.KALLED, ADVOCATE FOR R1 AND R2(A AND B).) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO - 7 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 EXAMINE AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C. NO.535/2008 ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. IN MFA NO. 102329 OF 2016: BETWEEN: SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: 38 YEARS, OCC: OWNER OF THE VEHICLE BEARING REG.NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. … APPELLANT (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE.) AND: 1. JUBEDABI W/O ABDULSAB SHAIKH, AGE: 58 YEARS, OCC: BANGLES SELLER (BALEGAR), PRESENT NIL, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO EXAMINE AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C.NO.573/2008 ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. - 8 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 IN MFA NO. 102330 OF 2016: BETWEEN: SHIVANAND NIJAGUNEPPA HEBBALLI, AGE: 38 YEARS, OCC: OWNER OF THE VEHICLE BEARING REG.NO.KA-29/M-3490, R/O: KILLA GALLI, NEAR HONYAL DESAI WADE, BAGALKOT. … APPELLANT (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE.) AND: 1. SHAINAJ S/O SHAMSUDDIN KUNTOJI, AGE: 33 YEARS, OCC: VEGETABLE SELLER, PRESETN NIL, R/O: SECTOR NO.40, NAVANAGAR, TQ: AND DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI S.S.KOLIWAD, ADVOCATE FOR R2; R1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO EXAMINE AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.11.2011 PASSED IN M.V.C.NO.574/2008 ON THE FILE OF THE MEMBER, M.A.C.T. NO.III, BAGALKOT AND ETC.,. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 9 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) These appeals are filed challenging the common judgment and award dated 05.11.2011, passed by the Member, MACT No.III, Bagalkot, in MVC Nos.534, 535, 573 and 574 of 2008. 2. MFA No.100392/2014, MFA No.100385/2014 and MFA No.100394/2014 are filed by the claimants seeking enhancement of compensation. Whereas, MFA No.102327/2016, MFA No.102328/2016, MFA No.102329/2016 and MFA No.102330/2016 are filed by the owner of offending vehicle challenging the liability fastened on him to pay compensation. 3. Heard the arguments addressed by the learned counsels appearing for the respective parties and perused the material placed before the Court. - 10 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 4. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court. 5. Brief facts of the case are that, on 21.03.2008, the deceased persons along with the injured petitioners, were proceeding in a tempo trax No.KA-29/M-3490 from Bagalkot to Bababudangiri. As such, when they were proceeding near cattle market on Ranebennur P.B. Road, on 22.03.2008, the driver of the tempo trax drove the vehicle in a high speed, rash and negligent manner and went on wrong side of the road and dashed against a mini goods vehicle coming from opposite side. In the said accident two persons died on the spot and two persons were injured. 6. Upon the claim petitions, the tribunal while awarding compensation has fixed liability on the owner of the tempo trax bearing No.KA-29/M-3490 on the reason - 11 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 that the tempo trax was used for hire and reward. Therefore, there is violation of condition of policy, though the policy is a package policy. Hence, on this reason the insurance company is exonerated and fixed the liability on the owner of the tempo trax to pay compensation. 7. Upon considering the evidence on record, particularly PW.2, PW.3 and PW.4, they have stated that they had not taken the tempo trax to Bababudangiri on hire basis and they are relatives to the owner of tempo trax. But they have stated that they filled diesel to tempo trax. There is no evidence by the insurance company that the tempo trax was used for hire purpose. The tribunal only on the basis that the claimants have filled diesel to the tempo trax, held that it is amounting to use of tempo trax on reward basis. It is quite natural that when the vehicle is taken for long distance, it is duty of the inmates in the vehicle to fill up the fuel to the vehicle. Just because - 12 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 fuel is filled up, that alone cannot be amounting to hire or reward. Here, there is no evidence that the tempo trax was used on hire basis. Further, just because the claimants have filled diesel to the tempo trax, that also does not amount to reward. 8. The word ‘reward’ means that the vehicle is used for commercial purpose. But here, there is no evidence that the tempo trax is used for commercial or for gaining profit from the use of the tempo trax. Therefore, it is alleged by the insurance company that the tempo trax is used on reward basis, but there should have been earning profit or gaining commercially out of use of tempo trax on reward basis. Therefore, just because diesel is filled up to the fuel tank of the tempo trax, that does not amount to using the tempo trax on reward basis, in the absence of evidence of use of vehicle for reward purpose. Therefore, in this regard the tribunal has committed error in - 13 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 observing that the vehicle is used for reward. Therefore, the said observation made by the tribunal is liable to be set aside. Accordingly it is set aside. 9. Except this defence of insurance company, there are no other defence available canvassed by the insurance company. Therefore, it is proved that there is no violation of condition of insurance policy. Accordingly both the insurer and owner of the tempo trax are jointly and severally liable to pay compensation and in view of admitted fact of existence of insurance policy, as it is a package policy, the insurance company shall indemnify the owner of the tempo trax and pay compensation. Accordingly, on the ground of liability, the judgment and award of the tribunal is liable to be modified. - 14 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 Re: Quantum of compensation. MFA No.100392/2014 (MVC No.535/2008) 10. In the present case the deceased was aged 12 years old boy. Therefore, as per the decision of the Hon’ble Supreme Court in the case of Kishan Gopal and another vs. Lala and others, reported in (2014) 1 SCC 244, for non earning member and minor boy, yearly income is to be taken at Rs.30,000/- and the applicable multiplier is 15. Therefore, the compensation under the head loss of dependency would be Rs.4,50,000/- (Rs.30,000/- x 15). 11. Further Rs.50,000/- is awarded under conventional heads. Thus, the claimants would be entitled for a total compensation of Rs.5,00,000/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,25,000/- awarded by the Tribunal. - 15 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 MFA No.100385/2014 (MVC No.534/2008). 12. In this case, for the death of one Fatima, in a road traffic accident, the tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Mental shock and agony. 5,000 2. Loss of estate. 5,000 3. Funeral expenses. 5,000 4. Conveyance charges. 5,000 Total: 20,000 13. The tribunal awarded lesser amount of compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be enhanced by modifying the judgment and award of the tribunal. 14. The deceased was aged 45 years as on the date of accident and was working as a coolie. The accident is caused on 22.03.2008. Proof of income is not produced. - 16 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 Hence, in the absence of proof of income, notional income is to be taken at Rs.4,250/- for the accident year 2008, as recognized by the Karnataka State Legal Services Authority. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, considering the age of the deceased, 25% of the income is to be added towards loss of future prospects in life. There are two dependents who are her daughters. Therefore 1/3rd of the income is to be deducted towards her personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 14. Therefore loss of dependency is assessed and quantified at Rs.5,95,056/- (Rs.4,250 + 25% minus 1/3rd x 12 x 14). 15. In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. - 17 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra), the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are two dependents who are her daughters. Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. 16. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore, under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 17. Thus, the claimants would be entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 5,95,056 - 18 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 2. Towards loss of consortium (40,000 x 2 +10%) 88,000 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000 Total: 7,16,056 18. Therefore, the claimants are entitled for total compensation of Rs.7,16,056/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.20,000/- awarded by the tribunal. MFA No.100394/2014 (MVC No.573/2008). 19. In this case the injured claimant has suffered the following injuries. “Contusion over frontal once 4” x 3”; Lacerated wound over forehead 1.5” x 0.5”; Lacerated wound inside mouth left angle; Loss of teeth 1+1; Contusion on left cheek.” - 19 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 20. The tribunal has awarded compensation of Rs.6,000/- under the head pain and suffering for loss of two teeth and Rs.4,600/- towards medical expenses. Thus, in all the tribunal awarded total compensation of Rs.10,600/-. Considering the nature of injuries sustained, that the claimant had sustained loss of two teeth and other injuries, therefore, it is just and proper to award another Rs.15,000/- globally, in addition to Rs.10,600/- awarded by the tribunal. Therefore, the claimant is entitled for a total compensation of Rs.25,600/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.10,600/- awarded by the tribunal. 21. In all these appeals the insurance company shall deposit the amount of compensation along with interest within eight weeks from the date of receipt of a copy of this judgment. 22. In the result, I proceed to pass the following: - 20 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 ORDER i) The appeals filed by the owner of offending vehicle in MFA No.102327/2016, MFA No.102328/2016, MFA No.102329/2016 and MFA No.102330/2016 are allowed. ii) The appeals filed by the claimants in MFA No.100392/2014, MFA No.100385/2014 and MFA No.100394/2014 are allowed in part. iii) The common judgment and award dated 05.11.2011, passed by the Member, MACT No.III, Bagalkot, in MVC Nos.534, 535, 573 and 574 of 2008 are modified. iv) The claimants in MFA No.100392/2014 are entitled for total compensation of Rs.5,00,000/-, along with interest at the rate of 6% p.a. from the date of - 21 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 filing of the petition till realization, as against Rs.2,25,000/- awarded by the Tribunal. v) The claimants in MFA No.100385/2014 are entitled for total compensation of Rs.7,16,056/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.20,000/- awarded by the tribunal. vi) The claimant in MFA No.100394/2014 are entitled for total compensation of Rs.25,600/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.10,600/- awarded by the tribunal. vii) Both the owner and insurer of the tempo trax No.KA-29/M-3490 are jointly and severally liable to pay compensation in all the - 22 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 appeals and accordingly the insurance company shall indemnify the owner of the tempo trax and pay compensation to the claimants within eight weeks from the date of receipt of a copy of this judgment. viii) The claimant in MFA No.100392/2014, is not entitled for interest for the delayed period of 719 days in preferring the appeal and further 2294 days delay in filing recalling application. ix) The claimant in MFA No.100385/2014, is not entitled for interest for the delayed period of 719 days in preferring the appeal and further 398 days delay in filing recalling application. x) The claimant in MFA No.100394/2014, is not entitled for interest for - 23 - HC-KAR NC: 2025:KHC-D:8358 MFA No. 100392 of 2014 C/W MFA No. 100385 of 2014 MFA No. 100394 of 2016 MFA No. 102327 of 2016 MFA No. 102328 of 2016 MFA No. 102329 of 2016 MFA No. 102330 of 2016 the delayed period of 727 days in preferring the appeal. xi) The amount in deposit, if any, shall be transmitted to the tribunal. xii) No order as to costs. xiii) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 11