- 1 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 100206 OF 2024 (MV-D) C/W. M.F.A. NO. 100121 OF 2024 (MV-I) M.F.A. NO. 100208 OF 2024 (MV-D) M.F.A. NO. 100210 OF 2024 (MV-D) M.F.A. NO. 100345 OF 2024 (MV-D) M.F.A NO. 101347 OF 2024 (MV-D) M.F.A. NO. 103134 OF 2024 (MV-D) IN MFA NO.100206 OF 2024 BETWEEN: THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, UNIT (680200) IIND FLOOR, SHRINATH COMPLEX, NEW COTTON MARKET, HUBBALLI-580023. …APPELLANT (BY SRI. G. N. RAICHUR, ADVOCATE) AND: 1. SMT. LAXMI W/O. BASAPPA KAREPPANAVAR, AGE: 27 YEARS, OCC: HOUSEHOLD, R/O. PATTIHAL KB-591102, TQ. BAILHONGAL, DIST. BELAGAVI. NOW AT MALADINNI, TQ. GOKAK, DIST. BELAGAVI. 2. THE MANAGING DIRECTOR, VIJAYANAND ROAD LINES, VRL LOGISTICS LTD., NH-4, BENGALURU ROAD, VARUR-580028, TQ. HUBBALLI, DIST. DHARWAD. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 3. SHRI ANAND S/O. BASAVANNEPPA MURGAD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O PATTIHAL KB-590012, TQ. BAILHONGAL, DIST. BELAGAVI. 4. MAHADEVI W/O. BASAPPA KAREPPANAVAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTIHAL KB, TQ. BAILHONGAL-591102. …RESPONDENTS (BY SRI. SANTOSH S. HATTIKATAGI, ADV. FOR R1; SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R2; SRI. HANAMANTH R. LATUR, ADV. FOR R4; NOTICE TO R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 11.08.2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDL. MACT, BAILHONGAL, IN MVC NO.2061/2019 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND REDUCING THE COMPENSATION AWARDED BY THE TRIBUNAL AS PER THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MFA NO. 100121 OF 2024 BETWEEN: SMT. LAXMI W/O. KAREPPA KAREPPANAVAR, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTIHAL KB, TAL. BAILHONGAL, DIST. BELAGAVI-593107. …APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, VIJAYANANAND ROAD LINES, VRL LOGISTICS LTD, NH-4, BENGALURU ROAD, VARUR, TQ. HUBBALLI, DIST. DHARWAD-580005. - 3 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 2. THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, HUBBALLI, DIVISIONAL OFFICE UNIT 9680200, II FLOOR, SHRINATH COMPLEX, NEW COTTON MARKET, HUBBALLI, DIST. BELAGAVI-580005. 3. SHRI ANAND S/O. BASAVANNEPPA MURGOD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI 593107. 4. SMT. MAHADEVI W/O. BASAPPA KAREPPANAVAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O PATTIHAL KB, TAL. BAILHONGAL, DIST. BELAGAVI-593107. 5. SMT. BASAPPA W/O. SHIVAPPA KAREPPANAVAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O PATTIHAL KB, TAL. BAILHONGAL, DIST. BELAGAVI-593107. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1; SRI. G. N. RAICHUR, ADV. FOR R2; SRI. HANAMANTH R. LATUR, ADV. FOR R4 AND R5; NOTICE TO R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, CHIKKODI, IN MVC NO.2523/2019 DATED 11.08.2023 BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, AND MODIFY THE APPORTIONMENT AT THE RATIO OF 80% TO APPELLANT AND 20% TO THE RESPONDENT NO.4 HEREIN, AND FIX THE ENTIRE LIABILITY ON THE RESPONDENT NO.2 INSURANCE COMPANY, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 100208 OF 2024 BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, - 4 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 2ND FLOOR, MUDALAGI BUILDING, CLUB ROAD, BELAGAVI-590009, AT: BELAGAVI, TQ AND DIST. BELAGAVI. …APPELLANT (BY SRI. G. N. RAICHUR, ADVOCATE) AND: 1. SRI. FAKEERASAB S/O. BABUSAB NADAF, AGE: 65 YEARS, OCC: NIL, R/O. PATTIHAL KB, 591102, TQ. BAILHONGAL, DIST. BELAGAVI. 2. SMT. CHANDABI W/O. FAKKERASAB NADAF, AGE: 60 YEARS, OCC: HOUSEHOLD WORKS, R/O. PATTIHAL KB-591102, TQ. BAILHONGAL, DIST. BELAGAVI. 3. THE MANAGING DIRECTOR, VIJAYANAND ROAD LINES, VRL LOGISTICS LTD., NH-4, BENGALURU ROAD, VARUR-580028, TQ. HUBBALLI, DIST. DHARWAD. 4. SRI. ANAND S/O. BASAVANNEPPA MURGOD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. PATTIHAL KB, 590012, TQ. BAILHONGAL, DIST. BELAGAVI. …RESPONDENTS (BY SRI. HANAMANTH R. LATUR, ADV. FOR R1 AND R2; SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R3; NOTICE TO R4 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 11.08.2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDL. MACT, BAILHONGAL, IN MVC NO.2522/2019 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND REDUCING THE COMPENSATION AWARDED BY THE TRIBUNAL AS PER THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. - 5 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS IN MFA NO. 100210 OF 2024 BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, 2ND FLOOR, MUDALAGI BUILDING, CLUB ROAD, BELAGAVI-590009, AT: BELAGAVI, TQ & DIST. BELAGAVI. …APPELLANT (BY SRI. G. N. RAICHUR, ADVOCATE) AND: 1. SRI. BASAPPA S/O. SHIVAPPA KAREPPANAVAR, AGE: 61 YEARS, OCC: NIL, R/O. PATTIHAL KB-591102, TQ. BAILHONGAL, DIST. BELAGAVI. 2. SMT. MAHADEVI W/O. BASAPPA KAREPPANAVER, AGE: 53 YEARS, OCC: HOUSEHOLD WORKS, R/O. PATTIHAL KB-591102, TQ. BAILHONGAL, DIST. BELAGAVI. 3. THE MANAGING DIRECTOR, VIJAYANAND ROAD LINES, VRL LOGISTICS LTD., NH-4, BANGALORE ROAD, VARUR-580028, TQ. HUBBALLI, DIST. DHARWAD. 4. SHRI ANAND S/O. BASAVANNEPPA MURGAD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. PATTIHAL KB-590012, TQ. BAILHONGAL, DIST. BELAGAVI. …RESPONDENTS (BY SRI. HANAMANTH R. LATUR, ADV. FOR R1 AND R2; SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R3; SRI. SANTOSH S. HATTIKATAGI, ADV. FOR R5; NOTICE TO R4 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT - 6 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS AND AWARD DATED 11.08.2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDL. MACT, BAILHONGAL, IN MVC NO.2523/2019 BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY AND REDUCING THE COMPENSATION AWARDED BY THE TRIBUNAL AS PER THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MFA NO. 100345 OF 2024 BETWEEN: SMT. LAXMI W/O. KAREPPA KAREPPANAVAR, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTIHAL KB, TAL: BAILHONGAL, DIST. BELAGAVI-593107. …APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, VIJAYANAND ROAD LINES, VRL LOGISTICTS LTD, NH-4, BENGALURU ROAD, VARUR, TQ. HUBBALLI, DIST. DAHRWAD-580005. 2. THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, HUBBALLI, DIVISIONAL OFFICE UNIT 9680200, IIND FLOOR, SHIRINATH COMPLEX, NEW COTTON MARKET, HUBBALLI, DIST. BELAGAVI-580005. 3. SHRI ANAND S/O. BASAVANNEPPA MURGOD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI-593107. 4. SMT. MAHADEVI W/O. BASAPPA KAREPPANAVAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTIHAL KB, TAL. BAILHONGAL, - 7 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS DIST. BELAGAVI- 593107. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1; SRI. G. N. RAICHUR, ADV. FOR R2; SRI. HANAMANTH R. LATUR, ADV. FOR R4; NOTICE TO R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND ADDITIONAL MACT, BAILHONGAL, IN MVC NO.2061/2019 DATED 11.08.2023 BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, AND MODIFY THE APPORTIONMENT AT THE RATIO OF 80% TO APPELLANT AND 20% TO THE RESPONDENT NO. 4 HEREIN, AND FIX THE ENTIRE LIABILITY ON THE RESPONDENT NO.2 INSURANCE COMPANY, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 101347 OF 2024 BETWEEN: 1. SHRI. BASAPPA S/O. SHIVAPPA KAREPPANAVAR, AGE: 61 YEARS, OCC: NIL, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102. 2. SMT. MAHADEVI W/O. BASAPPA KAREPPANAVAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102. …APPELLANTS (BY SRI. HANAMANTH R. LATUR, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, VIJAYANAND ROAD LINES, VRL LOGISTICS LTD., NH -4, BANGALORE ROAD, VARUR, TQ. HUBBALLI, DIST. DHARWAD, PIN-581207. 2. THE DIVISIONAL MANAGER, - 8 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS NEW INDIA ASSURANCE COMPANY LIMITED, IIND FLOOR, MUDALAGI BUILDING, CLUB ROAD, BELAGAVI, PIN-590001, TQ. AND DIST. BELAGAVI. 3. SHRI ANAND S/O. BASAVANNEPPA MURGOD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102. 4. SMT. LAXMI W/O. KAREPPA KAREPPANAVAR, C/O. SRI. RAMAPPA S/O. SATTEPPA KHANAPPANVAR, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O. MALADINNI, TQ. GOKAK, DIST. BELAGAVI, PIN-591233. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1; SRI. G. N. RAICHUR, ADV. FOR R2; SRI. SANTOSH S. HATTIKATAGI, ADV. FOR R4; NOTICE TO R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, BAILHONGAL, IN MVC NO.2523/2019 DATED 11.08.2023 AND FIX THE ENTIRE LIABILITY ON THE RESPONDENT NO.2 INSURER OF TRUCK, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 103134 OF 2024 BETWEEN: 1. SRI. FAKEERASAB S/O. BABUSAB NADAF, AGE: 65 YEARS, OCC: NIL, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102. 2. SMT. CHANDABI W/O. FAKEERASAB NADAF, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. PATTIHAL KB, TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102. …APPELLANTS (BY SRI. HANAMANTH R. LATUR, ADVOCATE) - 9 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS AND: 1. THE MANAGING DIRECTOR, VIJAYANAND ROAD LINES, VRL LOGISTICS LTD., NH -4, BANGALORE ROAD, VARURU, TQ. HUBBALLI, DIST. DHARWAD, PIN-581207. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, IIND FLOOR, MUDALAGI BUILDING, CLUB ROAD, BELAGAVI, TQ. AND DIST. BELAGAVI, PIN-590001. 3. SHRI ANAND S/O. BASAVANNEPPA MURGOD, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. PATTIHAL KB., TQ. BAILHONGAL, DIST. BELAGAVI, PIN-591102. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1; SRI. G. N. RAICHUR, ADV. FOR R2; NOTICE TO R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, BAILHONGAL, IN MVC NO.2522/2019 DATED 11.08.2023 AND FIX THE ENTIRE LIABILITY ON THE RESPONDENT NO.2 INSURER OF TRUCK, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 10 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) MFA.No.101347/2024 is filed by the parents of the pillion rider in MVC.No.2523/2019, MFA.No.100121/2024 is filed by the wife of the pillion rider in MVC.No.2523/2019, MFA.No.100345/2024 is filed by the wife of the pillion rider in MVC.No.2061/2019, MFA.No.103134/2024 is filed by the parents of the rider in MVC.No.2522/2019 and MFA.Nos.100210, 100206 and 100208 of 2024 are filed by the Insurance Company in MVC.Nos.2523, 2061 and 2522 of 2019, respectively. These appeals are arising out of the judgment and award dated 11.08.2023 passed in the above said claim petition by the learned Senior Civil Judge and Addl. MACT., Bailhongal1. 2. The parties henceforth are referred to as per their ranking before the Tribunal for the purpose of convenience. 1 for short ‘Tribunal’ - 11 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 3. Brief facts leading to filing of these appeals are that on 27.08.2019 the deceased Kareppa was proceeding on a Bajaj motorcycle bearing Registration No.KA-24/X- 1814 as a pillion rider from Belawadi village to Bailhongal along with his friend Dilavarsab who was riding the said motorcycle by following the traffic rules. When they reached Bailhongal – Dharwad road near the land of Smt.Akkavva Hugar, at that time, one Ashok Leyland HGV truck bearing registration No.KA-25/A-3284 came from Bailhongal side driven by its driver in a rash and negligent manner and dashed to the said motorcycle which resulted in accident. The rider and the pillion rider sustained grievous injuries and succumbed to those injuries. It is averred that the rider and the pillion rider were working in the Indian Army and the claimants are the parents and wife of the deceased who filed the claim petitions under Section 166 of the Motor Vehicles Act, 19882 . 2 for short, ‘MV Act’ - 12 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 4. The respondents-Insurance Company as well as the owners of the vehicles involved in the accident entered appearance, filed their objections denying the averments made in the claim petitions and sought for dismissal of the claim petitions. 5. In MVC.Nos.2523/2019 and 2061/2019 the Tribunal recorded the evidence of the mother and wife of the deceased who have been examined as PW.1 and PW.2 respectively and got marked Exs.P.1 to P.14. The respondents examined RW.1 and got marked Exs.R.1 to R.4. Whereas, in MVC.No.2522/2019 the Tribunal recorded evidence of the claimants. The claimants examined PW.1 and got marked Exs.P.1 to P.15. The respondents examined RW.1 and got marked Exs.R.1 and R.2. 6. The Tribunal after considering the pleadings urged and evidence on record, awarded total compensation of Rs.1,13,96,424/- along with interest at the rate of 6% p.a. in MVC.Nos.2523/2019 and 2061/2019 and Rs.55,08,334/- along with interest at the rate of 6% - 13 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS p.a. in MVC.No.2522/2019. The Tribunal further recorded the findings in the claim petitions that the rider of the motorcycle was negligent and contributed to the accident and hence, saddled the liability of payment of compensation to the extent of 30% on the owner of the motorcycle and 70% on the Insurance Company which has insured the lorry involved in the accident. 7. In MVC.Nos.2523/2019 and 2061/2019 the Tribunal apportioned the compensation at 40% to the wife of the deceased Kareppa, 40% to the mother of the deceased Kareppa and 20% to the father of the deceased Kareppa. Being aggrieved, the Insurance Company as well as the claimants are before this Court in these appeals. 8. We have heard the arguments of the learned counsel for the appellants, learned counsel for the Insurance Company and learned counsel for the owner of the truck. Meticulously perused the material available on record including the Tribunal records. - 14 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 9. The point that arises for consideration in these appeals is whether the impugned judgments and awards of the Tribunal both dated 11.08.2023 passed in MVC.Nos.2523, 2061 and 2522 of 2019 call for any interference? 10. The Tribunal framed points for consideration in the aforesaid claim petitions and recorded the finding with regard to the liability. The Tribunal taking note of the evidence available on record has come to a conclusion that the driver of the truck bearing registration No.KA-25/A- 3284 insured by the Insurance Company was negligent to an extent of 70% and saddled the liability on the Insurance Company to pay the compensation to that extent. The Tribunal has also recorded the finding that the rider of the motorcycle bearing registration No.KA-24/X- 1814 was negligent to an extent of 30% and directed the owner of the said motorcycle to pay compensation to an extent of 30%. The records also indicate that the motorcycle bearing registration No.KA-24/X-1814 which - 15 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS was involved in the accident was not having a valid insurance policy as on the date of the accident. The records also indicate that the accident was reported to the Police and on completion of the investigation, the jurisdictional Police filed charge sheet against the rider of the motorcycle as well as the driver of the truck involved in the accident for the negligent. Taking note of the charge sheet material and other evidence on record, the Tribunal has come to a conclusion that the rider of the motorcycle as well as the driver of the truck have contributed to the accident and have apportioned the liability. Taking note of the fact that the vehicle involved in the accident being the truck, liability is fixed to an extent of 70%. On re- analyzing the evidence on record and taking note of the fact that the offending vehicle is lorry, we are of the considered view that the Tribunal is fully justified in apportioning the liability. We do not find any perversity or error in the findings recorded by the Tribunal with regard to saddling of liability. However, the Tribunal in case of - 16 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS deceased Kareppa (pillion rider) i.e. in MVC.Nos.2523 and 2061 of 2019 ought to have directed the Insurance Company to pay the entire compensation and ought to have directed the Insurance Company to recover 30% of the total compensation amount from the owner of the motorcycle involved in the accident. To that extent, the impugned judgment of the Tribunal calls for interference and modification. 11. The finding of the Tribunal insofar as negligence and fixing of liability on the Insurance Company as well as the owner of the motorcycle is affirmed. 12. Insofar as the quantum of compensation awarded by the Tribunal is concerned, the Tribunal taking note of Ex.P.14-the statement of account (in MVC.Nos.2523/2019 and 2061/2019) which indicates the actual salary drawn by the deceased Kareppa has come to a conclusion that the deceased Kareppa was drawing an amount of Rs.7,26,756/- per annum and out of the said - 17 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS amount, the Tribunal deducted 5% towards the income tax and also 4% towards cess. After deduction of the aforesaid amount, the Tribunal assessed the income of the deceased Kareppa at Rs.7,01,964/- per annum which is in consonance with the oral and documentary evidence placed on record and the same does not call for any interference. 13. In MVC.No.2522/2019 the Tribunal taking note of Exs.P.10 and P.11 assessed the income of the deceased Dilavarsab (rider) at Rs.4,32,000/- per annum and after deduction of income tax @ 5% and cess @ 4%, the Tribunal assessed the income at Rs.4,22,536/- per annum which also does not call for any interference. 14. Thus, the claimants in MVC.Nos.2523/2019 and 2061/2019 would be entitled total compensation on the following heads: - 18 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 15. Thus, the claimants in MVC.Nos.2523/2019 and 2061/2019 would be entitled to total compensation of Rs.1,13,96,424/-. 16. Whereas the compensation in MVC.No.2522/2019 under the head of loss of dependency, as determined by the Tribunal, remains unaltered, which is as under: Particulars Amount (in Rs.) Loss of dependency 1,12,31,424/- Loss of estate 16,500/- Funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 3) 1,32,000/- Total 1,13,96,424/- Particulars Amount (in Rs.) Loss of dependency 53,87,334/- Loss of estate 16,500/- Funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 2) 88,000/- Total 55,08,334/- - 19 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS 17. Thus, the claimants in MVC.No.2522/2019 would be entitled to total compensation of Rs.55,08,334/-. 18. The compensation in all the claim petitions carry interest at the rate of 6% p.a. from the date of petition till the date of realisation. 19. The Tribunal in MVC.Nos.2523/2019 and 2061/2019 has apportioned the compensation between the wife and parents of the deceased Kareppa at a ratio of 40% to the wife, 40% to the mother and 20% to the father of the deceased. Taking note of the age of the wife of the deceased in MVC.No.2061/2019 we are of the considered view that apportionment is required to be modified as under: The claimant in MVC.No.2061/2019 i.e.wife of the deceased Kareppa is entitled to 50% of the total compensation and the claimants in MVC.No.2523/2019 i.e. mother of the deceased is entitled to 30% of the total - 20 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS compensation and the father of the deceased is entitled to 20% of the total compensation. 20. 20. The liability of the Insurance Company in all the claim petitions is fixed at 70%, however, they are liable to pay entire compensation to the claimants and recover 30% of the compensation from the owner of the motorcycle bearing registration No.KA-24/X-1814 in MVC.No.2522/2019. 21. In the result, we proceed to pass the following: ORDER a) MFA.Nos.100210, 100206 and 100208 of 2024 filed by the Insurance Company and MFA.No.103134/2024 filed by the parents of the deceased in MVC.No.2522/2019 are dismissed b) MFA.Nos.101347, 100121 and 100345 of 2024 filed by the claimants in MVC.Nos.2523 and 2061 of 2019 are allowed in part. - 21 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS c) The liability of the Insurance Company in all the claim petitions is to the extent of 70%, however, in MVC.Nos.2523/2019 and 2061/2019 the liability of the Insurance Company is to the extent of 70% and it is directed to pay compensation to its liability as well as 30% of the liability saddled on the owner of the motorcycle bearing registration No.KA-24/X-1814 and recover the same from him. d) The quantum of compensation awarded by the Tribunal in all the claim petitions is unaltered. e) The Insurance Company shall deposit entire compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. f) The claimant in MVC.No.2061/2019 i.e.wife of the deceased Kareppa is entitled to 50% of the compensation and - 22 - HC-KAR NC: 2025:KHC-D:10225-DB MFA No. 100206 of 2024 C/W MFA No. 100121 of 2024 MFA No. 100208 of 2024 AND 4 OTHERS the claimants in MVC.No.2523/2019 i.e. mother of the deceased is entitled to 30% of the compensation and the father of the deceased is entitled to 20% of the compensation. g) Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV, RH /CT-AN List No.: 1 Sl No.: 42