- 1 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MFA CROSS OBJ NO. 854 OF 2013 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 20832 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 20833 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 20834 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 20835 OF 2013 MFA CROSS OBJ NO. 821 OF 2013 MFA CROSS OBJ NO. 852 OF 2013 MFA CROSS OBJ NO. 853 OF 2013 IN MFA CROSS OBJ NO. 854 OF 2013 BETWEEN: VENKANNA S/O HANAMAPPA KAREPPANAVAR AGE: 33 YEARS, OCC: AGRICULTURE NOW NIL, R/O: YENDIGERI, TAL: BADAMI, DIST: BAGALKOT. …CROSS OBJECTOR (BY SRI. SHIVRAJ S. BALLOLI, ADV) AND: 1. SHRI. SHIVALINGAPPA S/O SATTEPPA MUKUND AGE: MAJOR, OCC: BUSINESS, R/O: TERDUR JMK BAGALKOT, (OWNER OF LORRY NO. KA 28/9526) 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NOW AT TEMPAR SANGAM BUILDING, NEAR SHRI SHIDDESHWAR FRONT ROAD, BIJAPUR-586 101. (POLICY NO.241001/31/08/01/00007326 VALID FROM 23.02.2009 TO 22.02.2010) 3. DASTAGIRSAB S/O ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS, R/O: SADANAND COLONY, TERDUR, TAL: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF AUTO RICKSHAW NO. KA 28-8508) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.02 11:02:30 +0530 MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.02 11:02:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 4. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICER NOW AT TEMPAL SANGRAM BUILDING, NEAR SHRI SHIDDESHWAR FRONT ROAD BIJAPUR-586101 (POLICY NO.241001/31/09/01/00003917 VALID FROM 8/9/09 TO 7/9/10) …RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2 & R4, NOTICE TO R1 IS HELD SUFFICIENT, NOTICE TO R3 SERVED) THIS MFA CROB. IN MFA NO.20832/2013 IS FILED U/O.41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 12.10.2012 PASSED IN MVC NO.634/2011 ON THE FILE OF MEMBER, MACT-IX, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS CROSS OBJECTION, COMING ON FOR FINAL HEARING, IN MFA NO. 20832 OF 2013 BETWEEN: THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SANGAM BUILDING, SHRI. SHIDDESHWAR FRONT ROAD, BIJAPUR-586 101. …APPELLANT (BY SRI. C.V. ANGADI, ADV) AND: 1. MR. VENKANNA S/O HANAMAPPA KAREPPANAVAR AGE: NOW 33 YEARS, OCC: AGRICULTURAL, NOW NIL, R/O: YENDIGERI, TQ BADAMI, DIST: BAGALKOT. 2. MR. SHIVALINGAPPA S/O SATTEPPA MUKUND AGE: MAJOR, OCC: BUSINESS, R/O: TERDUR, TQ: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF LORRY NO.KA-28/9526) - 3 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 3. MR. DASTAGIRSAB ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS, R/O: SADANAND COLONY, TERDUR, TQ: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF AUTO RICKSHAW NO.KA-28-8508) …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADV FOR R1, NOTICE TO R2 & R3 ARE SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DTD:12-10-2012 PASSED IN MVC. NO.634/2011 ON THE FILE OF THE MEMBER, MACT-IX, MUDHOL, AWARDING THE COMPENSATION OF RS.1,24,500/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, IN MFA NO. 20833 OF 2013 BETWEEN: THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SANGAM BUILDING, SHRI. SHIDDESHWAR FRONT ROAD, BIJAPUR-586 101. …APPELLANT (BY SRI. C V ANGADI, ADV) AND: 1. MR. MUTTAPPA NINGAPPA KABADAD AGE: NOW 31 YEARS, OCC: AGRICULTURAL, NOW NIL, R/O: KARDIGUDD, TQ BADAMI, DIST: BAGALKOT. 2. MR. SHIVALINGAPPA S/O SATTEPPA MUKUND AGE: MAJOR, OCC: BUSINESS, R/O: TERDUR, TQ: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF LORRY NO.KA-28/9526) 3. MR. DASTAGIRSAB ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS, - 4 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS R/O: SADANAND COLONY, TERDUR, TQ: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF AUTO RICKSHAW NO.KA-28-8508) …RESPONDENTS (BY SRI. SHIVRAJ S. BALLOLI, ADV FOR R1, NOTICE TO R2 & R3 ARE SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DTD:12-10-2012 PASSED IN MVC.NO.629/2011 ON THE FILE OF THE MEMBER, MACT-IX, MUDHOL, AWARDING THE COMPENSATION OF RS.1,28,000/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, IN MFA NO. 20834 OF 2013 BETWEEN: THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SANGAM BUILDING, SHRI. SHIDDESHWAR FRONT ROAD, BIJAPUR-586 101. …APPELLANT (BY SRI. C.V. ANGADI, ADV) AND: 1. MR. BASAVARAJ @ BASAPPA KALASAPPA MUDAKAVI, AGE: NOW 46 YEARS, OCC: AGRICULTURAL, NOW NIL, R/O: ANWAL, TQ. BADAMI, DIST: BAGALKOT. 2. MR. SHIVALINGAPPA S/O SATTEPPA MUKUND AGE: MAJOR, OCC: BUSINESS, R/O: TERDUR, TQ: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF LORRY NO.KA-28/9526) 3. MR. DASTAGIRSAB ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS, R/O: SADANAND COLONY, TERDUR, - 5 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS TQ: JAMAKHANDI, DIST: BAGALKOT. (OWNER OF AUTO RICKSHAW NO.KA-28-8508) …RESPONDENTS (BY SRI. SHIVRAJ S. BALLOLI, ADV FOR R1, NOTICE TO R2 & R3 ARE SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DTD:12-10-2012 PASSED IN MVC.NO.630/2011 ON THE FILE OF THE MEMBER, MACT-IX, MUDHOL, AWARDING THE COMPENSATION OF RS.1,16,500/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, IN MFA NO. 20835 OF 2013 BETWEEN: THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SANGAM BUILDING, SHRI SHIDDESHWAR FRONT ROAD, BIJAPUR - 586101 …APPELLANT (BY SRI. C.V. ANGADI, ADV) AND: 1. MR. ASHOK HANAMANTAPPA PUJARI AGE: NOW 37 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: YENDIGERI, TAL : BADAMI, DIST. BAGALKOTE. 2. MR. SHIVALINGAPPA SATTEPPA MUKUND AGE : MAJOR, OCC : BUSINESS, R/O : TERDUR, TAL : JAMKHANDI, DIST: BAGALKOTE (OWNER OF LORRY NO.KA-28-9526) 3. MR. DASTAGIRSAB ISUPSAB KALADAGI AGE : MAJOR, OCC: BUSINESS, - 6 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS R/O : SADANAND COLONY, TERDUR, TAL : JAMKHANDI, DIST. BAGALKOT (OWNER OF AUTO RIKSHAW NO.KA-28-8508) …RESPONDENTS (NOTICE TO R1 TO R3 ARE SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DTD:12-10-2012 PASSED IN MVC.NO.633/2011 ON THE FILE OF THE MEMBER, MACT-IX, MUDHOL, AWARDING THE COMPENSATION OF RS.1,22,500/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, IN MFA CROSS OBJ NO. 821 OF 2013 BETWEEN: MR. ASHOK S/O. HANAMANTAPPA PUJARI AGE : 38 YEARS, OCC : AGRICULTURE, R/O : YENDIGERI, TAL : BADAMI, DIST: BAGALKOTE. …CROSS OBJECTOR (BY SRI. SHIVRAJ S. BALLOLI, ADV) AND: 1. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SANGAM BUILDING, SHRI SHIDDESHWAR FRONT ROAD, BIJAPUR – 586101. 2. SHRI. SHIVALINGAPPA S/O. SATTEPPA MUKUND AGE: MAJOR, OCC. BUSINESS R/O. TERDUR, JMK BAGALKOT (OWNER OF LORRY NO.54-28/9526) 3. DASTAGIRSAB S/O. ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS R/O. SADANAND COLONY, TERDUR TQ: JAMKHANDI, DIST: BAGALKOT (OWNER OF AUTO RICKSHAW NO.KA-28/8508) - 7 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS …RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R1, NOTICE TO R2 IS HELD SUFFICIENT & R3 IS SERVED) THIS MFA.CROB IN MFA.NO.20835/2013 IS FILED U/O.41 RULE 22 (1) R/W. SEC.96 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 12-10-2012 PASSED IN MVC NO.633/2011 ON THE FILE OF MEMBER, MACT-IX, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS CROSS OBJECTION, COMING ON FOR FINAL HEARING, IN MFA CROSS OBJ NO. 852 OF 2013 BETWEEN: MUTTAPPA S/O NINGAPPA KABADAD AGE: 31 YEARS, OCC: AGRICULTURE NOW NIL R/O: KARDIGUDD, TAL: BADAMI DIST: BAGALKOT. …CROSS OBJECTOR (BY SRI. SHIVRAJ S. BALLOLI, ADV) AND: 1. SHRI. SHIVALINGAPPA S/O SATTEPPA MUKUND AGE: MAJOR, OCC: BUSINESS, R/O: TERDUR, JMK BAGALKOT, (OWNER OF LORRY NO. KA 28/9526) 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NOW AT SANGAM BUILDING, NEAR SHRI SHIDDESHWAR TEMPLE, FRONT ROAD, BIJAPUR-586 101. (POLICY NO.241001/31/08/01/00007326 VALID FROM 23/2/2009 TO 22/2/2010) - 8 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 3. 4. DASTAGIRSAB S/O ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS, R/O: SADANAND COLONY, TAL: JAMAKHANDI, DIST: BAGALKOT, (OWNER OF AUTO RICKSHAW NO. KA 28/8508) THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NOW AT SANGAM BUILDING, NEAR SHRI SHIDDESHWAR TEMPLE, FRONT ROAD, BIJAPUR-586 101. (POLICY NO.241001/31/09/01/00003917 VALID FROM 8/9/2009 TO 7/9/2010) …RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2 & R4 NOTICE TO R1 IS HELD SUFFICIENT & R3 IS SERVED) THIS MFA.CROB IN MFA.NO.20833/2013 IS FILED UNDER ORDER 41 RULE 22(1) OF CPC., AGAINST THE JUDGMENT AND AWARD DTD:12-10-2012 PASSED IN MVC.NO.629/2011 ON THE FILE OF THE MEMBER, MACT-IX, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS CROSS OBJECTION, COMING ON FOR FINAL HEARING, IN MFA CROSS OBJ NO. 853 OF 2013 BETWEEN: BASAVARAJ @ BASAPPA KALASAPPA MUDAKAVI AGE: 47 YEARS, OCC: AGRICULTURE NOW NIL R/O: ANWAL, TAL: BADAMI, DIST: BAGALKOT. …CROSS OBJECTOR (BY SRI. SHIVRAJ S. BALLOLI, ADV) AND: 1. SHRI. SHIVALINGAPPA S/O SATTEPPA MUKUND, AGE: MAJOR, OCC: BUSINESS, R/O: TERDUR JMK BAGALKOT, (OWNER OF LORRY NO. KA 28/9526) - 9 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, NOW AT SANGAM BUILDING, NEAR SHRI. SHIDDESHWAR TEMPLE FRONT ROAD, BIJAPUR-586 101. (POLICY NO.241001/31/08/01/00007326 VALID FROM 23/2/2009 TO 22/2/2010) 3. DASTARGIRSAB S/O ISUPSAB KALADAGI AGE: MAJOR, OCC: BUSINESS, R/O: SADANAND COLONY, TERDUR, TAL: JAMAKHANDI, DIST: BAGALKOT (OWNER OF AUTO RICKSHAW NO. KA 28/8508) 4. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, NOW AT SANGAM BUILDING, NEAR SHRI. SHIDDESHWAR TEMPLE FRONT ROAD, BIJAPUR-586 101. …RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2 & R4 NOTICE TO R1 IS HELD SUFFICIENT & R3 IS SERVED) THIS MFA.CROB IN MFA.NO.20834/2013 IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DTD:12-10-2012 PASSED IN MVC.NO.630/2011 ON THE FILE OF THE MEMBER, MACT-IX, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS CROSS OBJECTION, COMING ON FOR FINAL HEARING, CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 10 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These appeals, and the cross objections are filed challenging the common judgment and awards dated 12.10.2012 passed in MVC Nos.629, 630, 633 and 634 of 2011 by the MACT-IX, Mudhol. 2. For convenience, the parties are referred to based on their rankings before the Tribunal. 3. Brief facts, leading rise to the filing of these appeals, and cross objections are as follows: On 04.12.2009, the petitioners were travelling in a lorry bearing Reg.No.KA-28/9526 along with their onion bags. The driver of the lorry was driving the lorry in a rash and negligent manner. At that time, driver of the auto rickshaw came from the opposite direction in a rash and negligent manner. Due to the rash and negligent driving of both the vehicles, they dashed to each other. As a result, the lorry turtled on the side of the ditch. Due to the said - 11 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS impact, the petitioners sustained grievous injuries. Accordingly, the petitioners filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on the ground that they have sustained grievous injuries in a road traffic accident. 4. Respondent No.1-the owner of the lorry filed a statement of objections denying the averments made in the claim petitions. It is contended that the driver of the lorry possessed a valid and effective driving licence. Hence, he prays to dismiss the claim petitions against the owner of the lorry. 5. Respondent No.3 before the tribunal, was placed ex-parte since he remained unrepresented. 5.1 Respondent No.4- insurance company filed a memo stating that contents of statement of objections of R2- insurance company shall be treated as statement of objections of R4-insurance company. - 12 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 6. Respondent No.2-Insurance Company filed a statement of objections denying the averments made in the claim petition. It is contended that the driver of the lorry did not possess a valid and effective driving licence, as of the date of the accident, and there is breach of policy conditions. Hence, prays to dismiss the claim petition against the Insurance Company. 7. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 8. The petitioners, to substantiate their case, the petitioner in MVC No.634/2011 was examined as P.W.1, and marked Exs.P1 to P17; the petitioner in MVC No.629/2011 was examined as P.W.2, and marked Exs.P18 to P31; the petitioner in MVC No.630/2011 was examined as P.W.3, and marked Exs.P32 and P46; and the petitioner in MVC No.633/2011 was examined as P.W.4, and marked Exs.P47 to P64. The petitioners, in all the claim petitions examined the common doctor as P.W.5, who treated all the - 13 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS petitioners. On the other hand, the owner of the offending vehicle, and the Insurance Company has not led any evidence, however marked the insurance policy as Ex.R1. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part vide judgment dated 12.10.2012 and awarded the compensation of Rs.1,24,500/- to the petitioner in MVC No.634/2011; Rs.1,28,000/- to the petitioner in MVC No.629/2011; Rs.1,16,500/- to the petitioner in MVC No.630/2011; and Rs.1,22,500/- to the petitioner in MVC No.633/2011 with interest at the rate of 9% p.a. from the date of the petition till the date of depositing the compensation amount. It is held that respondent Nos.1 and 2 (before the tribunal) are jointly and severally liable to pay the compensation amount, and directed the Insurance Company to deposit the compensation amount. The Insurance Company, and the petitioners, aggrieved by the judgment and award passed in the aforesaid claim petitions, filed these Miscellaneous First Appeals, and the Cross Objections. - 14 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 9. Heard the arguments of the learned counsel for the Insurance Company, and the learned counsel for the petitioners. 10. Learned counsel for the Insurance Company submits that the petitioners were travelling in the lorry as an unauthorised passengers and no premium was paid. He submits that they were not travelling in the lorry along with their goods. He submits that the said aspect was not considered by the Tribunal, and committed an error in fastening the liability on the Insurance Company. He submits that there is a breach of terms of the contract. He submits that the compensation awarded by the Tribunal is on the higher side. Hence, on these grounds, he prays to allow the appeals filed by the Insurance Company, and dismiss the cross objections filed by the petitioners. 11. Per contra, the learned counsel for the petitioners submits that the Insurance Company has not taken a specific defence in the statement of objections that - 15 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS the petitioners were travelling in the lorry as an unauthorised passengers. He submits that the petitioners in their examination-in-chief have deposed that they were travelling along with their goods, i.e., onion bags in the lorry, and they were not unauthorised passengers. He submits that the Insurance Company has not rebutted the evidence lead by the petitioners. In the absence of rebuttal evidence, the Tribunal was justified in accepting the contention of the petitioners that the petitioners were travelling along with their goods, and not as an unauthorised passengers. He submits that the Insurance Company cannot raise a new point in the appeals without pleading the same in the statement of objections. He submits that if the Insurance Company raised this issue before the Tribunal, the petitioners could have produced the records to show that the petitioners were travelling along with their goods. He submits that the compensation awarded by the Tribunal is on the lower side. Hence, on these grounds he prays to allow the cross objections filed - 16 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS by the petitioners, and to dismiss the appeals filed by the Insurance Company. 12. Perused the records and considered the submissions of the learned counsel for the parties. The point that would arise for consideration is regarding the liability, and the quantum. 13. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioners in a road traffic accident. To prove that the accident occurred due to the rash and negligent driving of the driver of the lorry, the petitioners produced a certified copy of the charge sheet marked as Ex.P6. The Tribunal was justified in recording a finding that the accident occurred due to the rash and negligent driving of the lorry by its driver. 14. Learned counsel for the Insurance Company submits that the petitioners were travelling in the lorry as an unauthorised passengers, and no premium was paid, and there is breach of the policy conditions. Therefore, the - 17 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS Insurance Company is not liable to pay the compensation, as claimed by the petitioners. I have perused the statement of objections filed by the Insurance Company. The Insurance Company has not taken a specific defence in the statement of objections that the petitioners were travelling as an unauthorised passengers in the said lorry. The petitioners were examined themselves as P.Ws.1 to 4, and they have specifically deposed in their examination-in-chief that they were travelling in the lorry along with their goods, i.e., onion bags. To rebut the contention of the petitioners, the Insurance Company has not led any rebuttal evidence. In the absence of the evidence, the Tribunal was justified in recording its finding that the petitioners were travelling along with their goods, and they were carrying onion bags. Thus, the Insurance Company has failed to establish that the petitioners were travelling as an unauthorised passengers. The Tribunal has rightly held that there is no breach of the policy conditions, and fastened the liability on the Insurance Company. - 18 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS 15. Insofar as quantum of compensation is concerned, though the petitioners have contended that they have suffered disability and examined the doctor as P.W.5, who has opined that the petitioners have suffered disability, the Tribunal considering the evidence of P.W.5, and the medical records has rightly awarded the compensation. The compensation awarded by the Tribunal is just and proper. The petitioners have not made out any ground to enhance the compensation. 16. In view of the above discussion, the appeals filed by the Insurance Company and the cross objections filed by the petitioners are liable to be dismissed. Accordingly, I proceed to pass the following: ORDER i) The appeals filed by the Insurance Company in MFA Nos.20832, 20833, 20834, 20835 of 2013 and the cross objections filed by the petitioners in MSA Crob.854, 853, 812 and 821 of 2013 are hereby dismissed. - 19 - HC-KAR NC: 2025:KHC-D:11011 MFA.CROB No. 854 of 2013 C/W MFA No. 20832 of 2013 MFA No. 20833 of 2013 AND 5 OTHERS ii) The common judgment and awards dated 12.10.2012 passed in MVC Nos.629, 630, 633 and 634 of 2011 by the MACT-IX, Mudhol is hereby confirmed. iii) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. SD/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 9