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2025 DAILYLAW 56461 (KAR)

SAYED MUJEEBUR RAHMAN v. K KAJENDRA

MFA/2053/2014 · 2025-09-16

D K Singh, Venkatesh Naik T

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- 1 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.2053 OF 2014 (MV-I) CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.2054 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO.2055 OF 2014 (MV-D) MISCELLANEOUS FIRST APPEAL NO.2056 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO.2058 OF 2014 (MV-I) AND MISCELLANEOUS FIRST APPEAL NO.2059 OF 2014 (MV-I) IN M.F.A. No.2053/2014: BETWEEN: SAYED MUJEEBUR RAHMAN S/O. SAYED ZAHEERUDDIN 55 YEARS, TEACHER S.K.A.H PRE-UNIVERSITY COLLEGE BASHA NAGAR, DAVANGERE. RESIDENT OF 11TH CROSS VINOBHANAGAR DAVANGERE-577 005. …APPELLANT (BY SRI V. MAHESHA, ADVOCATE) AND: 1. K. KAJENDRA S/O. KRISHNA SWAMI AGED ABOUT 42 YEARS RESIDENT OF 266 KEERAKARA STREET, BHAVANI ERRODE DISTRICT TAMIL NADU. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 2. MRS. PREETHA V. W/O. P. VINODKUMAR MAJOR RESIDENT OF 1551-AKMS ILLAM, LAKSHMI NAGAR METTUNASUVAMPALYAM BHAVANI, ERRODE DISTRICT TAMIL NADU. 3. THE MANAGER ROYAL SUNDARM ALLIANCE INSURANCE COMPANY LTD. SORRENTO BUILDING NO.6 1ST FLOOR, LATTICE BRIDGE, ADDYAR CHENNAI-600 020. …RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE, FOR R-3, AND VIDE ORDER DATED 4-6-2015, NOTICE TO R-1 AND R-2 ARE DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 16-12-2013 PASSED IN M.V.C. NO.569 OF 2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & M.A.C.T-IV, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO.2054/2014: BETWEEN: SADIQ @ JAFAR SADIQ S/O. ZAKIR HUSSAIN AGED ABOUT 17 YEARS SINCE MINOR, REPRESENTED BY HIS NEXT FRIEND NATURAL GUARDIAN FATHER, ZAKIR HUSSIAN S/O. JAMAL SAB AGED ABOUT 45 YEARS RESIDENT OF 2ND MAIN, 4TH CROSS BASHA NAGAR DAVANAGERE-577 001. ...APPELLANT (BY SRI V. MAHESHA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS AND: 1. K. KAJENDRA S/O. KRISHNA SWAMI AGED ABOUT 37 YEARS RESIDENT OF 266, KEERAKARA STREET BHAVANI, ERODE DISTRICT TAMILNADU. 2. MRS. PREETHA V. W/O. P. VINODKUMAR MAJOR RESIDENT OF 1551-AKMS ILLAM, LAKSHMI NAGAR METTUNASUVAMPALYAM BHAVANI, ERRODE DISTRICT TAMIL NADU. 3. THE MANAGER ROYAL SUNDARM ALLIANCE INSURANCE COMPANY LTD. SORRENTO BUILDING NO.6 1ST FLOOR, LATTICE BRIDGE ADDYAR CHENNAI-600 020. ...RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE, FOR R-3, AND VIDE ORDER DATED 9-1-2015, NOTICE TO R-1 AND R-2 ARE DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 16-12-2013 PASSED IN M.V.C. NO.565 OF 2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & M.A.C.T-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS IN M.F.A. NO.2055/2014: BETWEEN: 1. TARAGAR ANWAR SAB S/O. AHAMED SAB AGED ABOUT 59 YEARS. 2. MUNEERABI W/O. ANWAR SAB AGED ABOUT 56 YEARS BOTH ARE RESIDENT OF 15TH CROSS, BASHA NAGAR DAVANAGERE-577 001. ...APPELLANTS (BY SRI V. MAHESHA, ADVOCATE) AND: 1. K. KAJENDRA S/O. KRISHNA SWAMI AGED ABOUT 37 YEARS RESIDENT OF 266, KEERAKARA STREET BHAVANI, ERRODE DISTRICT TAMIL NADU-638 001. 2. MRS. PREETHA V. W/O. P. VINODKUMAR MAJOR RESIDENT OF 1551-AKMS ILLAM, LAKSHMI NAGAR, METTUNASUVAMPALYAM BHAVANI, ERRODE DISTRICT TAMIL NADU-638 001. 3. THE MANAGER ROYAL SUNDARM ALLIANCE INSURANCE COMPANY LTD. SORRENTO BUILDING NO.6 1ST FLOOR, LATTICE BRIDGE, ADDYAR CHENNAI-600 020. ...RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE, FOR R-3, AND VIDE ORDER DATED 9-1-2015, NOTICE TO R-1 AND R-2 ARE DISPENSED WITH) - 5 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 16-12-2013 PASSED IN M.V.C. NO.568 OF 2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & M.A.C.T-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO.2056/2014: MOHAMMED ZABERULLA S/O. ABDUL RAHEEM SAB AGED ABOUT 54 YEARS TEACHER, SKAH P.U. COLLEGE BASHA NAGAR DAVANGERE. RESIDENT OF 11TH CROSS BHAGATH SINGH NAGAR DAVANAGERE-577 001. ...APPELLANT (BY SRI V. MAHESHA, ADVOCATE) AND: 1. K. KAJENDRA S/O. KRISHNA SWAMI AGED ABOUT 37 YEARS RESIDENT OF 266 KEERAKARA STREET, BHAVANI ERRODE DISTRICT TAMIL NADU-638 001. 2. MRS. PREETHA V. W/O. P. VINODKUMAR MAJOR RESIDENT OF 1551-AKMS ILLAM, LAKSHMI NAGAR METTUNASUVAMPALYAM BHAVANI, ERRODE DISTRICT TAMIL NADU-638 001. - 6 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 3. THE MANAGER ROYAL SUNDARM ALLIANCE INSURANCE COMPANY LTD. SORRENTO BUILDING NO.6 1ST FLOOR, LATTICE BRIDGE, ADDYAR CHENNAI-600 020. ...RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE, FOR R-3, AND VIDE ORDER DATED 9-1-2015, NOTICE TO R-1 AND R-2 ARE DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 16-12-2013 PASSED IN M.V.C. NO.567 OF 2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & M.A.C.T-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO.2058/2014: BETWEEN: NAGARAJA G.S. S/O. SHIVANA GOWDA M.G. AGED ABOUT 40 YEARS, TEACHER SAKH PRE-UNIVERSITY COLLEGE BASHA NAGAR, DAVANAGERE. RESIDENT OF MELAKATTE VILLAGE DAVANAGERE. ...APPELLANT (BY SRI V. MAHESHA, ADVOCATE) AND: 1. K. KAJENDRA S/O. KRISHNA SWAMI AGED ABOUT 37 YEARS RESIDENT OF 266 KEERAKARA STREET, BHAVANI ERRODE DISTRICT TAMIL NADU-611 513. - 7 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 2. MRS. PREETHA V. W/O. P. VINODKUMAR MAJOR RESIDENT OF 1551-AKMS ILLAM, LAKSHMI NAGAR METTUNASUVAMPALYAM BHAVANI, ERRODE DISTRICT TAMIL NADU-611 513. 3. THE MANAGER ROYAL SUNDARM ALLIANCE INSURANCE COMPANY LTD. SORRENTO BUILDING NO.6 1ST FLOOR, LATTICE BRIDGE, ADDYAR CHENNAI-600 020. ...RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE, FOR R-3, AND VIDE ORDER DATED 8-1-2015, NOTICE TO R-1 AND R-2 ARE DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 16-12-2013 PASSED IN M.V.C. NO.278 OF 2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & M.A.C.T-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO.2059/2014: BETWEEN: H. VYKUNTACHARI S/O. HANUMANTHAPPA 48 YEARS, TEACHER SAKH PRE-UNIVERSITY COLLEGE BASHA NAGAR, DAVANGERE. RESIDENT OF 13TH CROSS ANJENAIYA BADAWANE DAVANGERE. ...APPELLANT (BY SRI V. MAHESHA, ADVOCATE) - 8 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS AND: 1. K. KAJENDRA S/O. KRISHNA SWAMI AGED ABOUT 37 YEARS RESIDENT OF 266 KEERAKARA STREET, BHAVANI ERRODE DISTRICT TAMIL NADU-611 513. 2. MRS. PREETHA V. W/O. P. VINODKUMAR MAJOR RESIDENT OF 1551-AKMS ILLAM, LAKSHMI NAGAR METTUNASUVAMPALYAM BHAVANI, ERRODE DISTRICT TAMIL NADU-611 513. 3. THE MANAGER ROYAL SUNDARM ALLIANCE INSURANCE COMPANY LTD. SORRENTO BUILDING NO.6 1ST FLOOR, LATTICE BRIDGE ADDYAR CHENNAI-600 020. ...RESPONDENTS (BY SRI P.B. RAJU, ADVOCATE, FOR R-3, AND VIDE ORDER DATED 8-1-2015, NOTICE TO R-1 AND R-2 ARE DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 16-12-2013 PASSED IN M.V.C. NO.566 OF 2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & M.A.C.T-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 9 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) As these appeals are arising out of same accident, they are heard together and disposed off by this common judgment. 2. Miscellaneous First Appeal Nos.2053 of 2014, 2054 of 2014, 2055 of 2014, 2056 of 2014, 2058 of 2014 and 2059 of 2014 are filed by the claimant(s)-injured/dependants of the deceased challenging the judgment and award dated 16-12-2013 passed in M.V.C. Nos.569 of 2009, 565 of 2009, 568 of 2009, 567 of 2009, 278 of 2010 and 566 of 2009, respectively, on the file of the learned Principal Senior Civil Judge and Motor Accidents Claims Tribunal-IV, at Davangere (for short, 'the Tribunal'). 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. - 10 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 4. Brief facts of the case are that on 03.01.2009 at about 4.30 a.m., the claimant(s)/injured, Sri Shakeel Ahamed and Master Wasim Akram @ Wasim Ahamed were proceeding in a vehicle, bearing Registration No.KA-17/A-4178, from Davangere to Hyderabad and when they reached NH-7 near Ameeth Cotton Mill, Shadnagar, Andhra Pradesh, a driver of a lorry, bearing Registration No.TN-33/AJ-7979, came from opposite direction in a rash and negligent manner and dashed against the vehicle. Due to the impact of accident, Sri Shakeel Ahamed and Master Wasim Akram @ Wasim Ahamed sustained fatal injuries and died on the spot. Many of the injured were first taken to the Government Hospital at Shadnagar and then, they were shifted to Osmania Hospital, Hyderabad. Some of the injured also took treatment at different Hospitals in Davangere. This led to registration of an First Information Report and investigation. Hence, the claimant(s)/injured and the dependants of the deceased filed different claim petitions under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation under various heads. - 11 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 5. Heard Sri V. Mahesha, learned counsel for the appellant(s)/claimant(s) and Sri P.B. Raju, learned counsel for respondent No.3/Insurance Company. 6. Learned counsel for the appellant/claimant in M.F.A. No.2053 of 2014 has contended that the claimant suffered fracture of left forearm and lefort III, bilateral lefort-III fracture, inter-articular fracture of left distal radius and corneal abrasions (left eye) of 3rd nerve palsy, and fracture of right acetabulum. The claimant has spent more than Rs.8,00,000/- towards 'medical treatment', but the Tribunal has awarded a meager compensation of Rs.3,10,000/- under the said head, which is on lower side; the claimant suffered disability at 40% to the facial component and 30% permanent physical disability, but the Tribunal has considered the disability at 10%, which is on lower side, and the Tribunal has awarded meager compensation under other conventional heads. 7. Learned counsel for the appellant/claimant in M.F.A. No.2054 of 2014 has contended that though the claimant has suffered fracture of right radius ulna (forearm), the Tribunal has awarded meager compensation of Rs.10,000/-. - 12 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 8. Learned counsel for the appellants/claimants in M.F.A. No.2055 of 2014 has contended that the deceased died at young age and the Tribunal has considered his income at Rs.3,000/- per month, which is on lower side. The Tribunal has not considered the future prospects. Further, the Tribunal has considered the multiplier at '11', but for age group between 15 and 20, the multiplier is '18'. 9. Learned counsel for the appellant/claimant in M.F.A. No.2056 of 2014 has contended that though the claimant has suffered grievous injuries on his face, right side of the eye, nose, head, bleeding from right ear, fracture of nasal bones, fracture of right condylar and missing of upper teeth Nos.6 and 4, and lower teeth No.6, the Tribunal has awarded meagre compensation of Rs.15,000/-. 10. Learned counsel for the appellant/claimant in M.F.A. No.2058 of 2014 has contended that though the claimant has suffered injuries on his chest, shoulder, face, nose and fracture of clavicle, the Tribunal has awarded meager compensation of Rs.5,000/-. - 13 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS 11. Learned counsel for the appellant/claimant in M.F.A. No.2059 of 2014 has contended that though the claimant has suffered grievous injuries on his chest, face, head, both hands and legs, the Tribunal has awarded meager compensation of Rs.10,000/-. Hence, on all these grounds, he prayed for enhancement of the compensation in the appeals. 12. Per contra, the learned counsel for respondent No.3-Insurance Company, supports the impugned judgment and award passed by the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each head, which does not call for any interference at the hands of this Court. Thus, he prayed for dismissal of the appeals. IN M.F.A. NO.2053 OF 2014: 13. The claimant suffered fracture of left forearm and lefort III, bilateral lefort-III fracture, inter-articular fracture of left distal radius and corneal abrasions (left eye) of 3rd nerve - 14 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS palsy, and fracture of right acetabulum. Hence, we enhance Rs.50,000/- towards 'pain and sufferings'. 14. The Tribunal awarded a sum of Rs.50,000/- towards 'future medical expenses'. Considering the nature of injuries and discomfort and a period of rest, the claimant has undergone, we enhance Rs.50,000/- under this head. 15. Further, the Tribunal awarded compensation of Rs.50,000/- towards 'loss of amenities', Rs.3,10,000/- towards 'medical expenses', Rs.60,000/- towards 'loss of income during laid-up period' and Rs.50,000/- towards 'attendant charges', same are maintained. 16. Thus, the claimant is entitled for the following compensation: HEADS Rs. Pain and sufferings 1,00,000.00 Future medical expenses 1,00,000.00 Loss of amenities 50,000.00 Medical expenses 3,10,000.00 Loss of income during laid-up period 60,000.00 Attendant charges 50,000.00 TOTAL 6,70,000.00 Less: Compensation awarded by the Tribunal 5,70,000.00 ENHANCED COMPENSATION 1,00,000.00 - 15 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS IN M.F.A. NO.2054 OF 2014: 17. We have perused the evidence of PW5- claimant/injured. He has suffered fracture of right radius ulna (forearm). The Tribunal awarded compensation of Rs.10,000/- which is on the lower side. Hence, the claimant is entitled to global compensation of Rs.40,000/-. IN M.F.A. NO.2055 OF 2014: 18. The Tribunal has taken the income of the deceased at Rs.3,000/- per month without any proof. No documentary evidence is placed on record with regard to income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the deceased at Rs.5,000/- per month. 19. As per the dictum of the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680, 40% of the income must be added towards future prospects, which - 16 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS comes to Rs.2,000/- (5,000 x 40%) and the total income comes to Rs.7,000/- per month (5,000 + 2,000). The claimants, i.e. mother and father of the deceased, are the dependants of the deceased and the deceased was a bachelor. Therefore, 50% of the income shall be deducted towards the personal expenses of the deceased and it works out to Rs.3,500/- per month (7,000 X 50%). The deceased was aged 16 years as on the date of the accident. Hence, the applicable multiplier would be ‘18’ and it works out to Rs.7,56,000/- (3,500 X 12 X 18). This would be the ‘loss of dependency’ as against Rs.3,96,000/- awarded by the Tribunal. 20. In the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130, the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case, stated supra, has discussed about granting the compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are the mother and the father of the deceased. In view of the ratio laid Page No.16 Retyped and Replaced vide Chambers Order dated 30/04/2026. - 17 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS down by the Hon’ble Apex Court in the aforesaid decision, the claimants are entitled to compensation of Rs.80,000/- (Rs.40,000/- each) towards ‘loss of consortium’. 21. Further, Rs.15,000/- towards 'funeral expenses' and Rs.15,000/- towards 'loss of estate' are awarded by this Court. 22. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 7,56,000.00 Loss of consortium 80,000.00 Loss of estate 15,000.00 Funeral expenses 15,000.00 TOTAL 8,66,000.00 Less: Compensation awarded by the Tribunal 4,46,000.00 ENHANCED COMPENSATION 4,20,000.00 IN M.F.A. NO.2056 OF 2014: 23. The claimant was aged about 50 years as on the date of accident and was working as a Teacher. As per PW12-Doctor and Exs.P229 to 237, the claimant suffered grievous injuries on his face, right side of the eye, nose, head, bleeding from right ear, fracture of nasal bones, fracture of right condylar and Page No.17 Retyped and Replaced vide Chambers Order dated 30/04/2026. - 18 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS missing of upper teeth Nos.6 and 4, and lower teeth No.6. The Tribunal has awarded meagre compensation of Rs.15,000/- which is on lower side. Hence, the claimant is entitled to global compensation of Rs.1,00,000/-. IN M.F.A. NO.2058 OF 2014: 24. The claimant suffered injuries on his chest, shoulder, face, nose and fracture of clavicle. The Tribunal awarded compensation of Rs.5,000/- which is on the lower side. Hence, the claimant is entitled to global compensation of Rs.40,000/-. IN M.F.A. NO.2059 OF 2014: 25. The claimant suffered grievous injuries on his chest, face, head, both hands and legs. The Tribunal awarded compensation of Rs.10,000/- which is on the lower side. Hence, the claimant is entitled to global compensation of Rs.40,000/-. 26. In the result, we pass the following: O R D E R i. The appeals are allowed-in-part. - 19 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS ii. The judgment and award passed by the Tribunal are modified to the extent stated hereinabove. iii. The appellant/claimant in Miscellaneous First Appeal No.2053 of 2014 is entitled for a total compensation of Rs.6,70,000/- as against Rs.5,70,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.1,00,000/- from the date of filing of the claim petition till the date of its realisation. iv. The appellant/claimant in Miscellaneous First Appeal No.2054 of 2014 is entitled for a total compensation of Rs.40,000/- as against Rs.10,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.30,000/- from the date of filing of the claim petition till the date of its realisation. v. The appellants/claimants in Miscellaneous First Appeal No.2055 of 2014 is entitled for a total compensation of Rs.8,66,000/- as against Rs.4,46,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.4,20,000/- from the date of filing of the claim petition till the date of its realisation. Page No.19 Retyped and Replaced vide Chambers Order dated 30/04/2026. - 20 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS vi. The appellant/claimant in Miscellaneous First Appeal No.2056 of 2014 is entitled for a total compensation of Rs.1,00,000/- as against Rs.15,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.85,000/- from the date of filing of the claim petition till the date of its realisation. vii. The appellant/claimant in Miscellaneous First Appeal No.2058 of 2014 is entitled for a total compensation of Rs.40,000/- as against Rs.5,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.35,000/- from the date of filing of the claim petition till the date of its realisation. viii. The appellant/claimant in Miscellaneous First Appeal No.2059 of 2014 is entitled for a total compensation of Rs.40,000/- as against Rs.10,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.30,000/- from the date of filing of the claim petition till the date of its realisation. - 21 - HC-KAR NC: 2025:KHC:37283-DB MFA No. 2053 of 2014 C/W MFA No. 2054 of 2014 MFA No. 2055 of 2014 AND 3 OTHERS ix. Respondent No.3-Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of six weeks' from the date of receipt of a copy of this judgment. x. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. xi. Draw a modified award accordingly. xii. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. In view of the disposal of the appeals, pending interlocutory applications, if any, stand disposed off. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK & RKA List No.: 1 Sl No.: 18