- 1 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO.1602 OF 2024 (MV-CD) C/W MISCELLANEOUS FIRST APPEAL NO.328 OF 2024 (MV-D) MISCELLANEOUS FIRST APPEAL NO.336 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO.511 OF 2024 (MV-D) MISCELLANEOUS FIRST APPEAL NO.1403 OF 2024 (MV-I) IN MFA No.1602/2024 BETWEEN: SRI SURENDRA S/O ANANTH KUNDAR, AGED 29 YEARS, R/AT: NO.4-312 KODI THALE, KODI KANYANA, KUNDAPURA, UDUPI DISTRICT-576201. …APPELLANT (BY SRI. PRAKASH M. H., ADVOCATE) AND: 1. ORIENTAL INS. CO. LTD., OFFICE AT NO.44/45, LEO SHOPPING COMPLEX, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 4TH FLOOR, RESIDENCY ROAD CROSS, M G ROAD, BANGALORE-560001, REP. BY ITS MANAGER. 2. SRI VINAYA S/O MANJUNATH, MAJOR, R/AT HOUSE NO.109/2, MAGAVEERA PETE, KOKKARNE POST, PEJAMANGOOR, UDUPI DISTRICT-576201. 3. THE MANAGING DIRECTOR KSRTC DEPOT, K H ROAD, SHANTHINAGARA, BANGALORE - 560027. …RESPONDENTS (BY SRI. H C VRUSHABHENDRAIAH, ADV. FOR R1, SMT. ASHA SHETTY, ADV. FOR R2, SMT. H.R. RENUKA, ADV. FOR R3.) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.11.2023 PASSED IN MVC NO.2823/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS IN MFA NO. 328/2024 BETWEEN: THE ORIENTAL INSURANCE. CO. LTD., OFFICE AT NO.44/45, LEO SHOPPING COMPLEX, 4TH FLOOR, RESIDENCY ROAD CROSS, M.G.ROAD, BANGALORE-1, NOW REPRESENTED BY ITS REGIONAL OFFICE, STATED ABOVE, BY ITS REGIONAL MANAGER. ...APPELLANT (BY SRI. H C VRUSHABHENDRAIAH, ADV.) AND: 1. SRI SURENDRA S/O ANANTHA KUMAR, AGED ABOUT 28 YEARS, R/AT NO.4-312, KODI THALE, KODI KANYANA, KUNDAPURA, UDUPI DISTRICT-576201 2. SRI. VINAYA S/O MANJUNATH, R/AT HOUSE NO.109/2, MOGAVEERA PETE, KOKKARNE POST, PEJAMANGOOR, UDUPI DISTRICT-576234 - 4 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 3. THE MANAGING DIRECTOR KSRTC DEPT, K H ROAD, SHANTHINAGARA, BANGALORE-560027. ...RESPONDENTS (BY SRI. PRAKASH M.H., ADV. FOR R1, SMT. ASHA SHETTY, ADV. FOR R2, SMT. H.R. RENUKA, ADV. FOR R3.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.11.2023 PASSED IN MVC NO.2823/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BANGALORE (SCCH-11), AWARDING COMPENSATION OF RS.2,00,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 336/2024 BETWEEN: THE ORIENTAL INSURANCE CO. LTD., OFFICE AT NO. 44/45, LEO SHOPPING COMPLEX, 4TH FLOOR, RESIDENCY ROAD CROSS, M.G. ROAD, BANGALORE-560 001, NOW REPRESENTED BY ITS REGIONAL OFFICE, STATED ABOVE, - 5 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS BY ITS REGIONAL MANAGER. ...APPELLANT (BY SRI. H. C. VRUSHABHENDRAIAH., ADV.) AND: 1. SRI. SURENDRA S/O. ANANTHA KUMAR, AGED ABOUT 28 YEARS, R/AT NO. 4-312, KODI THALE, KODI KANYANA, KUNDAPURA, UDUPI DISTRICT-576 201. 2. SRI. VINAYA S/O. MANJUNATH, RESIDING AT NO. 109/2, MOGAVEERA PETE, KOKKARNE POST, PEJAMANGOOR, UDUPI DISTROCT-576 234. 3. THE MANAGING DIRECTOR KSRTC DEPOT, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. ...RESPONDENTS (BY SRI. PRAKASH M.H., ADV. FOR R1, SMT. ASHA SHETTY, ADV. FOR R2, SMT. H.R. RENUKA, ADV. FOR R3.) - 6 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.11.2023 PASSED IN MVC NO. 2821/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-11), AWARDING COMPENSATION OF RS. 1,70,672/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 511/2024 BETWEEN: THE ORIENTAL INS. CO. LTD., OFFICE AT NO.44/45, LEO SHOPPING COMPLEX, 4TH FLOOR, RESIDENCY ROAD CROSS, M.G.ROAD, BANGALORE-1 NOW REPRESENTED BY ITS REGIONAL OFFICE, STATED ABOVE, BY ITS REGIONAL MANAGER. ...APPELLANT (BY SRI. H. C. VRUSHABHENDRAIAH, ADV.) AND: 1. PADMA POOJARTHI W/O NARASIMHA POOJARY, AGED ABOUT 60 YEARS, - 7 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 2. NARASIMHA POOJARY S/O BASAVA POOJARI, AGED ABOUT 64 YEARS, 3. SRI. SURENDRA S/O ANANTH KUNDAR, AGED ABOUT 29 YEARS, ALL ARE R/AT NO.4-312, KODI THALE, KODI, KODI KANYANA, KUNDAPURA, UDUPI DISTRICT-576201 PREVIOUSLY 2ND R/AT NO.1-57/A, MATHRUSHREE, KANKEREI BETTU, GUNDMI, VTC IRODY, PO SASTHAN, UDUPI DISTRICT, PREVIOUSLY 3RD PETITIONER R/AT MUNICIPAL ROAD, KODI POST, KANAKAPURA, UDUPI DISTRICT-576101. 4. SRI. VINAYA S/O MANJUNATH, R/AT NO.2-109/2, MOGAVEERA PETE, KOKKARNE POST, PEJAMANGOOR, UDUPI DISTRICT-576234. 5. THE MANAGING DIRECTOR KSRTC DEPT, K.H.ROAD, - 8 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS SHANTHINAGARA, BANGALORE-560027. ...RESPONDENTS (BY SRI. PRAKASH M.H., ADV. FOR R1 TO R3, SMT. ASHA SHETTY, ADV. FOR R4, SMT. H.R. RENUKA, ADV. FOR R5.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.11.2023 PASSED IN MVC NO. 2824/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MOTOR VEHICLES ACCIDENT CLAIM TRIBUNAL, BENGALURU (SCCH-11), AWARDING COMPENSATION OF RS.31,16,268/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 1403/2024 BETWEEN: SRI SURENDRA S/O ANANTH KUNDAR, AGED 29 YEARS, R/AT NO.4-312, KODI THALE, KODI KANYANA, KUNDAPURA, UDUPI DISTRICT - 576201 ...APPELLANT (BY SRI. PRAKASH M. H., ADV.) - 9 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS AND: 1. ORIENTAL INS. CO. LTD., OFFICE AT NO.44/45, LEO SHOPPING COMPLEX, 4TH FLOOR, RESIDENCY ROAD CROSS, M. G. ROAD, BANGALORE-560001, REP. BY ITS MANAGER. 2. SRI VINAYA S/O MANJUNATH, MAJOR, R/AT HOUSE NO.109/2, MOGAVEERA PETE, KOKKARNE POST, PEJAMANGOOR, UDUPI DISTRICT-576201. 3. THE MANAGING DIRECTOR KSRTC DEPT. K H ROAD, SHANTHINAGARA BANGALORE - 560027. ...RESPONDENTS (BY SRI. H. C. VRUSHABHENDRAIAH., ADV. FOR R1, SMT. ASHA SHETTY, ADV. FOR R2, SMT. H.R. RENUKA, ADV. FOR R3.) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.11.2023 PASSED IN MVC NO.2821/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING - 10 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B.S. SHYAM PRASAD) These appeals are against the judgments and awards dated 09.11.2022 in MVC No.2823 of 2022, MVC No.2821 of 2022 and MVC No.2824 of 2022 on the file of the I Additional Small Causes Judge and ACMM and Motor Accident Claims Tribunal, Bengaluru (for short ‘the Tribunal’). The claim petitions arise because of the road accident on 07.05.2022 between an Innova car and the KSRTC bus. The accident is on the Sathanoor Durgah Malavalli-Kanakapura Road. In this accident, a young - 11 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS wife [aged 27 years] and her toddler aged ten months have died, and her husband has suffered injuries. The claim petitions are by the injured husband/ father. 2. The claim for injuries suffered is in MVC No.2821 of 2022, the claim for compensation for the death of the wife is in MVC No.2824 of 2022 and the claim for the compensation for the death of the toddler is in MVC No.2823 of 2022. The Tribunal has granted the following amounts to the claimant: • a sum of Rs.2,00,000/- for the death of the toddler along with interest at the rate of 6% per annum, • Rs.31,16,268/- along with interest at the rate of 6% per annum for the death of the wife, and • Rs.1,70,672/- along with interest at the rate of 6% per annum a sum of for the injuries suffered by him. - 12 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 3. The Tribunal, in all these cases, while holding that the accident is because of the negligent driving of the Innova car, has held the Insured [the owner] of this car and the Insurer jointly and severally liable. The claim petitions as against the KSRTC is rejected. The Insurer of the car [the insurer] is aggrieved by the Tribunal’s finding on the reason for the accident and the quantum of compensation awarded. The claimant, without seeking enhancement in compensation awarded for the death of his wife in MVC No.2824 of 2022, has sought for enhancement in the compensation awarded to him for the injuries suffered and the death of the toddler. The details of the Insurer’s appeal and the Claimant’s appeals are: MVC No. & Date Compensati on awarded by the Tribunal (Rs.) Appeal by the claimant/ s Appeal by Insuranc e 2823/2022 Dt:09.11.2023 2,00,000.00 MFA 1602/202 4 MFA 328/2024 2821/2022 Dt:09.11.2023 1,70,762.00 MFA 1403/202 MFA 336/2024 - 13 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 4 2824/2022 Dt:09.11.2023 31,16,268.00 - MFA 511/2024 4. Sri Prakash M.H., the learned Counsel for the Claimant, has produced the certified copies of the deposition and the exhibits to enable the disposal of these appeals. Sri H.C. Vrushabhendraiah, the learned Counsel for the Insurer, and Smt. H.R. Renuka, the learned counsel for the KSRTC, also submit that the appeals could be disposed of finally answering the following questions: [i] Whether this Court must interfere with the Tribunal’s finding that the accident was because the Innova car Driver was rash and negligent and that only the Insurer and the Insured are jointly and severally liable to pay the compensation, and [ii] Whether there must be any enhancement in the compensation granted by the Tribunal to the claimant - 14 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS for the injuries suffered by himself and for losing his ten-month-old son. Reg: Question No.[i] 5. The Claimant was travelling in the Innova car owned by his employer and driven by a driver [also an employee]. The accident is a collision between two vehicles on National Highway-209. This Road, at the place of the accident, is 36 feet wide with a white paint strip Road Surface Marking functioning as the separator [the median]. The claimant has examined himself as PW1 to speak about the reason for the accident. The claimant is categorical that the accident is because the drivers of both the car and the bus were negligent. A stranger, Sri Nagaraj, has filed the first information with the police, and the police, beginning investigation based on this information, have filed a charge sheet against both the drivers. The KSRTC has examined its driver as - 15 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS RW3. This witness has stated that he was driving cautiously towards Malavalli when the driver of the Innova car lost control and swerved to the right crossing the median marking and hit the bus resulting in the accident. 6. The rival submissions as against the Tribunal’s view that the accident is because the driver of the car was rash and negligent in driving are considered on perusal of the records. The Tribunal’s conclusion stems from its opinion that there is no evidence to establish that the driver of the bus was negligent. The Tribunal has proceeded in the premise that the charge sheet indicates that the driver was trying to overtake another vehicle when he hit the bus. The crucial evidence must be examined, and they will be the mahazar drawn at the place of accident, the sketch and the ocular evidence. The mahazar drawn shows that there were bus tyre marks over a distance of thirty nine and ten feet. - 16 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 7. The sketch, without showing any other vehicle, shows the trajectory of the car at an angle that is not easy to comprehend and mentions the Bus-trye marks over 39 feet and 10 feet. The KSRTC Bus-driver does not speak about the driver of the Innova car overtaking another vehicle and coming to the extreme side. This witness only states that the driver of the car lost control and therefore swerved beyond the center of the road. This - 17 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS evidence undermines the involvement of another vehicle. 8. This Court must observe that the KSRTC is uncertain about the reason for the accident, and this comes out in the suggestions put to the claimant in his cross-examination. It is suggested to the claimant that 'the driver of the Innova car was negligent but then he is making allegations against its driver because the driver of the car did not possess a driving licence and the car was not covered under the policy'. These suggestions are unproven, and it is now undisputed that the car was indeed covered by a policy and the driver was duly licensed. 9. Further, this Court must opine that a reasonable reading of the spot mahazar and the oral evidence does not justify a conclusion that the driver of the car was entirely responsible for the accident, especially when it is undisputed that the bus tyre - 18 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS mark was over a distance of 10/39 feet behind the place of accident. This shows that the bus was also fast. The spot mahazar reveals that the accident is because of the collision with the car suffering severe damage. In this context, this Court must observe that the evidence is that the passenger on the left side of the car has suffered no injury and that the claimant’s wife sitting him behind the driver [next to the claimant] has suffered fatal injuries. In the light of the material as aforesaid this Court opines that the Tribunal has overlooked crucial evidence in concluding that the driver of the car was negligent, and on a careful consideration of the evidence, this Court is of the view that both the drivers were negligent and have equally contributed to the accident. 10. The next question is on the liability of the Insurer and the KSRTC inter se because the claimant was an inmate and his wife and son were - 19 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS also inmates. The negligence by the driver of the car and the bus would be a case of composite negligence because they will be third parties as no negligence can be attributed to them; and in that event, the claimant would be entitled to receive the compensation jointly and severally from the Insurer and KSRTC with liberty to whoever pays to recover from the other. Reg: Question No.2 11. The claimant has suffered facial injuries, and the Tribunal has granted compensation under the following heads opining that the injuries have not affected the earning capacity. Sl. No. Particulars Amount a. Towards injury pain and suffering Rs. 55,000/- b. Towards Medical Expenses Rs. 22,672/- c. Towards food and extra nourishment and medical attendant Rs. 2,000/- - 20 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS d. Towards conveyance Rs.10,000/- e. Towards loss of income during treatment Rs. 31,000/- f. Deprivation of future amenities Rs. 50,000/- Total compensation Rs. 1,70,672/- The doctor's evidence is that the injured has sustained unilateral Lefort I fracture and right orbital floor fracture with a disability of 12%. This Court is of the view that the Tribunal is justified in its conclusion that there is no functional disability, but the compensation towards [i] Pain and Suffering, [ii] Loss of Amenities, [iii] Food, nourishment and other expenses must be just and reasonable. 12. The Tribunal has granted Rs.55,000/- towards Pain and Suffering and Rs.50,000/- towards Loss of Amenities. The claimant will have to carry the injuries resulting in certain disability, and he has not been granted any - 21 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS compensation towards loss of future earning capacity because there is no functional disability. 13. The amount awarded by the Tribunal under the aforesaid heads are considered, and this Court is of the view that just and reasonable compensation would be Rs.1,00,000/- towards both pain and suffering and future amenities and that a sum of Rs.25,000/- towards food, nourishment and other charges. The claimant would therefore be entitled to an enhanced compensation in a sum of Rs.1,18,000/- and the enhancement is brought out by this comparative table. Sl. No. Particulars Amount awarded Tribunal Rs. Amount awarded by this Court Rs. a. Towards injury pain and suffering 55,000/- 1,00,000/- b Loss of future amenities 50,000/- 1,00,000/- c. Towards Medical Expenses 22,672/- 22,672/- - 22 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS 14. The Tribunal has awarded a total sum of Rs.2,00,000/- towards loss of dependency to the claimant for losing a ten-month-old son. The Apex Court when a minor has died, because the earning capacity cannot be assessed with any element of certainty, has taken the notional income at Rs.30,000/- per annum and capitalized the same applying the multiplier of '15' for compensation under all heads. This Court must refer to the decision in Kishan Gopal and another v. Lala and others1 [while deciding on the claim for the death of a child aged 10 1 2014] 1 SCC 244 d. Towards food and extra nourishment and medical attendant 2,000/- 25,000/- e. Towards conveyance 10,000/- 10,000/- f. Towards loss of income during treatment 31,000/- 31,000/- Total compensation 1,70,672/- 2,88,672/- Enhanced compensation Rs.1,18,000/- - 23 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS years in an accident in the year 1992 has granted a sum of Rs.5,00,000/- This Court, because the accident is in the year 2022 and because of change in time value of money, and an infant aged ten months has lost life, is of the view that just and reasonable compensation will be in a global sum of Rs.5,00,000/-. In the light of the afore, the following ORDER The Insurer’s appeals in MFA Nos. 328/2024, MFA No.336/2024 and MFA 511/2024 as also the Claimant’s Appeal in MFA No. 1602/ 2024 and MFA No. 1403/2024 are allowed in-part modifying the Tribunal’s respective judgment and award in MVC No.2823 of *2022, MVC No.2821 of 2022 and MVC No.2824 of 2022 in the following terms; [i] Declaring that the driver of the Innova car and the driver of the *Corrected vide Chamber order dated 19.01.2026. - 24 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS KSRTC bus have equally contributed to the accident. [ii] Granting to the Claimant in MVC No. 2823/2022 [the appellant in MFA Nos.1602/2024] a global compensation of Rs.5,00,000.00. [iii] Granting to the claimant in MVC No. 2821/2022 [the appellant in MFA No.1403/2022] a compensation of Rs. 2,88,672/- including the enhancement in a sum Rs. 1,18,000/- along with interest at 6% per annum from the date of the petition till the date of deposit. [iv] Declaring that the Insurer - the appellant and the KSRTC shall be jointly and severally liable to pay to - 25 - HC-KAR NC: 2025:KHC:26151-DB MFA No. 1602 of 2024 C/W MFA No. 328 of 2024 MFA No. 336 of 2024 AND 2 OTHERS the Claimant the aforesaid amount/s. [v] The Insurer – appellant is called upon to pay the amount within eight weeks from the date of receipt of a certified copy of this order with liberty to recover from the KSRTC. [vi] The amount in deposit is directed to be transmitted to the Tribunal for disbursement subject to its decision on deposit. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn/nv