- 1 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101669 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 101670 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 101671 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 101672 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100178 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100186 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100187 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100189 OF 2019 (MV-I) IN MFA No. 101669/2017 BETWEEN: 1. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO.LTD., MERCHANTS BANK BUILDING, S.R. CIRCLE, BAILHONGAL, REP THROUGH ITS, REGIONAL OFFICE, SUMANGALA COMPLEX, 2ND FLOOR, STATION ROAD, HUBBALLI, REP. BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI. NAGANGOUDA R KUPPELUR, ADVOCATE) AND: 1. SMT. KUMAR PRANAY S/O SHIVABASAPPA KUDASOMANNAVAR, AGE: 04 YEARS, OCC: NIL, SINCE MINOR REP. BY NATURAL FATHER SHIVABASAPPA S/O CHANDRAPPA KUDASOMANNAVAR, R/O: KUDASOMANNAVAR GALLI, BAILHONGAL, DIST: BELAGAVI. 2. SRI. MALLAPPA S/O BASAVANNEPPA KADI AGE: 60 YEARS, OCC: BUSINESS, R/O: NABAPUR, KHANAGAON, TQ: GOKAK, DIST: BELAGAVI, (OWNER OF THE MAXI CAB NO.KA-24/5836) …RESPONDENTS (BY SRI. VIJAYKUMAR K. KOTIN, ADV FOR R1, NOTICE TO R2 IS DISPNESED WITH) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1752/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AWARDING COMPENSATION OF RS.1,13,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 101670/2017 BETWEEN: 1. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO.LTD., MERCHANTS BANK BUILDING, S.R. CIRCLE, BAILHONGAL, REPRESENTED THROUGH ITS, REGIONAL OFFICE, SUMANGALA COMPLEX, 2ND FLOOR, STATION ROAD, HUBBALLI, REP. BY ITS DEPUTY MANAGER. ...APPELLANT (BY SRI. NAGANGOUDA R KUPPELUR , ADV) AND: 1. SMT. SUNANDAWWA W/O MAHANTESH SIDNAL AGE: 41 YEARS, OCC: AGRICULTURE SUPERVISION, R/O: YARADAL, BAILHONGAL, DIST: BELAGAVI. 2. SRI. MALLAPPA S/O BASAVANNEPPA KADI AGE: 61 YEARS, OCC: BUSINESS, R/O: NABAPUR, KHANAGAON, TQ: GOKAK, DIST: BELAGAVI, (OWNER OF THE MAXI CAB NO.KA-24/5836) ...RESPONDENTS (BY SRI. VIJAYKUMAR K. KOTIN, ADV FOR R1, NOTICE TO R2 IS DISPNESED WITH) THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1760/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AWARDING COMPENSATION OF RS.1,15,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. - 3 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS IN MFA NO. 101671/2017 BETWEEN: 1. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO.LTD., MERCHANTS BANK BUILDING, S.R CIRCLE, BAILHONGAL, REP THROUGH ITS, REGIONAL OFFICE, SUMANGALA COMPLEX 2ND FLOOR, STATION ROAD, HUBBALLI, REP. BY ITS DEPUTY MANAGER. ...APPELLANT (BY SRI. NAGANGOUDA R KUPPELUR .,ADVOCATE) AND: 1. SMT. VIDYA W/O KUMARAGOUDA PATIL AGE: 37 YEARS, OCC: AGRICULTURE SUPERVISION, R/O: PATIL GALLI, TQ: BAILHONGAL, DIST: BELAGAVI. 2. SRI. MALLAPPA S/O BASAVANNEPPA KADI AGE: 61 YEARS, OCC: BUSINESS, R/O: NABAPUR, KHANAGAON, TQ: GOKAK, DIST: BELAGAVI (OWNER OF THE MAXI CAB NO.KA-24/5836) ...RESPONDENTS (BY SRI. VIJAYKUMAR K. KOTIN, ADV FOR R1, NOTICE TO R2 IS DISPNESED WITH) THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1761/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AWARDING COMPENSATION OF RS.1,19,700/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 101672/2017 BETWEEN: 1. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO.LTD., MERCHANTS BANK BUILDING, S.R CIRCLE, BAILHONGAL, REP THROUGH ITS, - 4 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS REGIONAL OFFICE, SUMANGALA COMPLEX 2ND FLOOR, STATION ROAD, REP. BY ITS ...APPELLANT (BY SRI. NAGANGOUDA R KUPPELUR .,ADVOCATE) AND: 1. SMT. GIRIJAWWA W/O VEERAPPA MUTAGI AGE: 43 YEARS, OCC: AGRICULTURE COOLIE, R/O: HALAGERI, NOW RESIDING AT, BAILHONGAL, DIST: BELAGAVI. 2. SRI. MALLAPPA S/O BASAVANNEPPA KADI AGE: 60 YEARS, OCC: BUSINESS, R/O: NABAPUR, KHANAGAON, TQ: GOKAK, DIST: BELAGAVI (OWNER OF THE MAXI CAB NO.KA-24/5836) ...RESPONDENTS (BY SRI. VIJAYKUMAR K. KOTIN, ADV FOR R1, NOTICE TO R2 IS DISPNESED WITH) THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1763/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AWARDING COMPENSATION OF RS.10,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 100178/2019 BETWEEN: 1. KUMAR PRANAY S/O. SHIVABASAPPA KUDASOMANNAVAR, AGE: 07 YEARS, OCC:NIL, SINCE MINOR REP BY HIS M/G NATURAL FATHER SHIVABASAPPA CHANDRAPPA KUDASOMANNAVAR, R/O. KUDASOMANNAVAR GALLI, BAILHONGAL, DIST: BELAGAVI. ...APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND: 1. SHRI. MALLAPPA BASAVANNEPPA KADI - 5 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS AGE:62 YEARS, OCC:BUSINESS, R/O. NABAPUR, KHANAGAON, TQ:GOKAK, DIST:BELAGAVI-591218. (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., MERCHANTS BANK BUILDINGS,. S R CICLE, BAILHONGAL-591102, DIST: BELAGAVI (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) (POL. NO.472203/31/2014/6374) ...RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1752/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100186/2019 BETWEEN: 1. SMT. SUNANDAWWA W/O. MAHANTESH SIDNAL AGE:42 YEARS, OCC:MILK VENDING(NOW NIL), R/O. YARADAL, TQ:BAILHONGAL, DIST:BELAGAVI. ...APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND: 1. SHRI. MALLAPPA BASAVANNEPPA KADI AGE:62 YEARS, OCC:BUSINESS, R/O. NABAPUR, KHANAGAON, TQ:GOKAK, DIST:BELAGAVI-591218 (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) - 6 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., MERCHANTS BANK BUILDINGS,. S R CICLE, BAILHONGAL-591102, DIST: BELAGAVI (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) (POL. NO.472203/31/2014/6374) ...RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1760/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100187/2019 BETWEEN: 1. SMT. VIDYA W/O. KUMARAGOUDA PATIL AGE: 39 YEARS, OCC: AGRIL, SUPERVISION (NOW NIL), R/O. PATIL GALLI, BAILHONGAL, DIST:BELAGAVI. ...APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND: 1. SHRI.MALLAPPA BASAVANNEPPA KADI AGE:62 YEARS, OCC:BUSINESS, R/O. NABAPUR, KHANAGAON, TQ:GOKAK, DIST:BELAGAVI-591218. (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., MERCHANTS BANK BUILDING,. S R CICLE, BAILHONGAL-591102, DIST: BELAGAVI (OWNER OF THE TEMPO - 7 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS BEARING REG.NO. KA-24/A-5836) (POL. NO.472203/31/2014/6374) ...RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1761/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100189/2019 BETWEEN: 1. SMT. GIRIJAWWA W/O. VEERAPPA MUTAGI AGE: 44 YEARS, OCC: AGRICULTURE COOLIE (NOW NIL), R/O. HALAGERI, NOW RESIDING AT BAILHONGAL, DIST:BELAGAVI. ...APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND: 1. SHRI. MALLAPPA BASAVANNEPPA KADI AGE: 62 YEARS, OCC: BUSINESS, R/O. NABAPUR, KHANAGAON, TQ:GOKAK, DIST:BELAGAVI-591218. (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., MERCHANTS BANK BUILDING,. S R CICLE, BAILHONGAL-591102, DIST:BELAGAVI. (OWNER OF THE TEMPO BEARING REG.NO. KA-24/A-5836) (POL. NO.472203/31/2014/6374) ...RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, - 8 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS 1988, AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.1763/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These Miscellaneous First Appeal Nos.101669/2017, 101670/2017, 101671/2017 and 101672/2017 are filed by the Insurance company challenging regarding the direction to pay and recover and Miscellaneous First appeal Nos.100178/2019, 100186/2019, 100187/2019 and 100189/2019 are filed by the petitioners being dissatisfied with the quantum of compensation awarded vide judgment and awards dated 15.07.2016 by the learned Senior Civil Judge and Additional MACT, Bailhongal, in MVC Nos.1752/2014, 1760/2014, 1761/2014 and 1763/2014. 2. Brief facts leading rise to the filing of these appeals are as follows: - 9 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS 3. The petitioners were traveling in a maxi cab LMV bearing registration No.KA.24/A.5836 from Dharwad to Bailhongal. The driver of the maxi cab drove the vehicle in a rash and negligent manner due to which, the driver lost control over the vehicle and the vehicle turtled. As a result, the petitioners suffered fracture and injuries. A criminal case was registered against the driver of the said offending vehicle in Crime No.138/2014 of Bailhongal Police Station. Thus, the petitioners filed the claim petitions under Section 166 of the Motor Vehicles Act seeking compensation on account of the injuries and fractures sustained by them in the road traffic accident. 4. The owner of the maxi cab filed a statement of objections denying the averments made in the claim petitions and contended that he is the owner of the offending vehicle and the driver of the offending vehicle was possessing a valid and effective driving license as of the date of the accident and the policy was valid. Hence, prays to dismiss the claim petitions against the owner of the offending vehicle. - 10 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS 5. The insurance company filed the statement of objections denying the averments made in the claim petitions and contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident. It is further, contended that the driver of the offending vehicle was carrying the more passengers than the capacity of the said offending maxi cab. Hence, prays to dismiss the claim petitions against the insurance company. 6. The Tribunal clubbed all the claim petitions and common issues were framed. 7. The petitioners, to substantiate their case examined themselves as PWs.1 to PW-16 and examined the doctor as PWs-17 to 31 and marked 328 documents as Exs.P-1 to P-328. On the other hand, the officer of the insurance company was examined as RW-1 and marked two documents as Exs.R1 and R2. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part, and fastened the liability on the owner of the offending - 11 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS vehicle on the ground that the driver of the offending vehicle was not possessing a valid and effective driving license. The Tribunal awarded the total compensation of Rs. 1,13,000/- to the petitioner in MVC No. 1752/2014, a compensation of Rs. 1,15,000/- to the petitioner in MVC No. 1760/2014, a compensation of Rs. 1,19,700/- to the petitioner in MVC No. 1761/2014 and a compensation of Rs.10,000/- to the petitioner in MVC No. 1763/2014, with an interest at the rate of 9% and directed the insurance company to deposit the compensation amount and recover the same from the owner of the offending vehicle. 9. The insurance company aggrieved by the impugned judgment passed by the Tribunal, and the petitioners being dissatisfied with the quantum of compensation awarded by the Tribunal, have preferred the appeals. 10. Heard the learned counsel for the insurance company and the learned counsel for the petitioners. 11. Learned counsel for the petitioners submits that the Tribunal committed an error in directing the insurance - 12 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS company to deposit the compensation amount and to recover the same from the owner of the vehicle. He further submits that the owner of the vehicle has permitted the passengers to travel/sit above the permitted limit. Hence, there is a breach of policy conditions. On these grounds, he prays to allow the appeals filed by the insurance company and dismiss the appeals filed by the petitioners. 12. Per contra, leaned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the Tribunal has rightly directed the insurance company to pay and recover the same from the owner of the vehicle. Hence, on these grounds he prays to allow the appeals filed by the petitioners and dismiss the appeals filed by the insurance company. 13. Perused the records and considered the submissions of the learned counsel for the parties. 14. The point that arises for consideration is regarding the order of pay and recovery and the quantum of compensation. - 13 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS Regarding the order of pay and recovery: 15. There is no dispute that the petitioners met with an accident and sustained grievous injures and sustained fractures in the said road traffic accident and the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. As of the date of the accident, the driver of the offending vehicle was carrying more passengers than the seating capacity. The Tribunal has recorded a finding in para 17 which reads as follows: “17. This respondent neither denied the accident nor admitted. But in all the cases, this respondent has taken contention that the petitioners hurriedly went to the door to get down from the passenger tempo, in that process the accident was occurred. It is very difficult to believe the said defence, because as per the complaint marked at Ex.P-1, there were more than 12 passengers were coming form Dharwad to Bailhongal in the offending tempo, so under such circumstances all the injured petitioners at a time cannot come near the door and fell down from the tempo and sustained injuries.” 16. The seating capacity of the offending vehicle is only 12 including the driver and the cleaner whereas on the date of the accident, the 16 passengers were traveling in the - 14 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS offending vehicle i.e. beyond the seating capacity. Thus, there is violation of the policy conditions. However, as of the date of the accident the policy was in force and it is the obligation of the insurance company to indemnify the owner of the offending vehicle, against the 3rd parties. The petitioners have produced the xerox copy of the driving license of the driver of the offending vehicle, valid from 15/122013 to 03/12/2016, and the same was not disputed by the insurance company. Admittedly, the accident occurred on 21/05/2014 and thus, the driver of the offending vehicle was possessing a valid and effective driving license as of the date of the accident. Though, the Tribunal recorded a finding that there is violation of the policy conditions, directed the insurance company to pay the compensation amount and recover the same. The Tribunal was justified in directing the insurance company to deposit the compensation and recover the same from the owner of the vehicle. I do not find any error in the impugned judgment directing the insurance company to pay and recover the same from the owner of the offending vehicle. Thus, the - 15 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS point for consideration in that regard is answered accordingly. Regarding the quantum of compensation: 17. In MFA No.100178/2019: The petitioner is a minor, who was aged 3 years as of the date of the accident. The father of the petitioner was examined as PW-5. To prove the disability, the petitioner has examined the Doctor as PW- 21, who has deposed that he has examined the petitioner clinically and radiologically and as per verification of ALMCO, WHO manual and Central Government Gazette guildeines, the petitioner has suffered permanent physical disability to an extent of 15% to the left lower limb. Considering the evidence of PW-21 and the nature of injuries suffered by the minor and in view of the proposition laid down by the Hon’ble Apex Court in the case of Mallikarjun v. Divisional Manager, National Insurance Co. Ltd. and another reported in (2014) 14 SCC 39, this Court awards an additional compensation of Rs.40,000/- globally, to what has been awarded by the Tribunal. - 16 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS 18. Accordingly, the minor petitioner is entitled to the total compensation of Rs.1,53,000/-, as against the compensation awarded by the Tribunal at Rs.1,13,000/-. 19. IN MFA No.100186/2019: The petitioner, to substantiate her case, examined herself as PW.12 and to prove the disability examined the Doctor as PW.28, who has deposed that the petitioner has sustained malunited fracture of neck of glenoid of left shoulder/scapula. He has deposed that the petitioner has suffered permanent physical disability to an extent of 25% to the left upper limb and the Tribunal assessed the disability at 5%. The petitioner has contended that she vends milk and earns Rs.10,000/- per month. The petitioner to prove her avocation and income, has not produced any material. In the absence of any income proof, notional income as per the guidelines notified by the Karnataka Legal Services Authority, must be taken. The accident is of the year 2014. The notional income of the petitioner is taken at Rs.7,500/- per month and 40% the future prospects must added. This Court re-assess the disability at 8% instead of 5% as taken by the Tribunal. The - 17 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS petitioner is aged 38 years as of the date of accident and the Tribunal has rightly adopted the multiplier of “15”. Considering the evidence of the doctor and the medical records, this Court reassess the compensation under the following heads: Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Pain and suffering 20,000/- 30,000/- 2 Loss of amenities 7,000/- 30,000/- 3 Medical expenses 11,000/- 11,000/- 4 Incidental expenses 7,000/- 10,000/- 5 Loss of income during laid up period (10,500x2 months) 7,000/- 21,000/- 6 Loss of future income (10,500x12x15x8%) 63,000/- 1,51,200/- Total 1,15,000/- 2,53,200/- 20. Accordingly, the petitioner is entitled to total compensation of Rs. 2,53,200/- as against Rs.1,15,000/- awarded by the Tribunal. Thus, the petitioner is entitled to enhanced compensation of Rs.1,38,200/-. 21. IN MFA No.100187/2019: The petitioner, to substantiate her case, examined herself as PW.13 and to - 18 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS prove the disability examined the Doctor as PW.29, who has deposed that the petitioner has sustained fracture of neck of glenoid of right shoulder/scapula. He has deposed that the petitioner has suffered permanent physical disability to an extent of 25% to the right upper limb. The petitioner has contended that she does agriculture supervising work earns Rs.5,00,000/- per annum. The petitioner to prove her avocation and income, has not produced any material. In the absence of any income proof, notional income as per the guidelines notified by the Karnataka Legal Services Authority must be taken. The accident is of the year 2014. The notional income of the petitioner is taken at Rs.7,500/- per month and 40% of the future prospects must be added. This Court re-assess the disability at 8% instead of 5% as taken by the Tribunal. The petitioner is aged 34 years as of the date of accident and the Tribunal has rightly adopted the multiplier of 16. Considering the evidence of the doctor and the medical records, this Court reassess the compensation under the following heads: - 19 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Pain and suffering 20,000/- 30,000/- 2 Loss of amenities 7,000/- 30,000/- 3 Medical expenses 11,500/- 11,500/- 4 Incidental expenses 7,000/- 10,000/- 5 Loss of income during laid up period (10,500 x2) 7,000/- 21,000/- 6 Loss of future income (10500x12x16x8%) 67,200/- 1,61,280 Total 1,19,700/- 2,33,780/- 22. Accordingly, the petitioner is entitled to total compensation of Rs.2,33,780/- as against Rs.1,19,700/- awarded by the Tribunal. Thus, petitioner is entitled to enhanced compensation of Rs.1,14,080/-. 23. In MFA No.100189/2019: The petitioner, to substantiate her case, examined herself as PW.15. The petitioner though took treatment at Dr. Mahantshetti Hospital, has not produced the evidence of the Doctor. Hence, considering Ex.P-288-wound certificate and Ex.P- 289-case sheet, which disclose that the petitioner has sustained two minor injuries and the hospital bills and the - 20 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS prescriptions, this Court is of the view that award of Rs.10,000/- globally in addition to the award passed by the Tribunal would meet the ends of justice. 24. Accordingly, the petitioner is entitled to the global compensation of Rs.20,000/- as against the award passed by the Tribunal at Rs. 10,000/-. 25. In view of the above discussion, I proceed to pass the following: ORDER i. MFA Nos.101669/2017, 101670/2017, 101671/2017 and 101672/2017 are dismissed. ii. MFA Nos.100178/2019, 100186/2019, 100187/2019 and 100189/2019 are allowed in part. iii. The judgment and awards dated 15.07.2016 by the learned Senior Civil Judge and Additional MACT, Bailhongal, in MVC Nos.1752/2014, 1760/2014, 1761/2014 and 1763/2014, are hereby modified. iv. The petitioner in MFA 100178/2019 is entitled to global compensation of Rs.40,000/- in addition to what has been awarded by the Tribunal and is - 21 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS not entitled to interest for the delayed period in filing the appeal. v. The petitioner in MFA No.100186/2019 is entitled to total compensation of Rs.2,53,200/- as against Rs.1,15,000/- awarded by the Tribunal with interest at the rate of 9% per annum from the date of the petition till realization. Further the petitioner is not entitled to interest on the compensation for the delayed period in filing this appeal. vi. The petitioner in MFA No.100187/2019 is entitled to total compensation of Rs.2,33,780/- as against Rs.1,19,700/- awarded by the Tribunal with interest at the rate of 9% per annum from the date of the petition till realization. Further the petitioner is not entitled to interest on the compensation for the delayed period in filing this appeal. vii. The petitioner in MFA No.100189/2019 is entitled to global compensation of Rs.10,000/- in addition to what has been awarded by the Tribunal. Further the petitioner is not entitled to interest on the compensation for the delayed period in filing this appeal. - 22 - HC-KAR NC: 2025:KHC-D:11798 MFA No. 101669 of 2017 C/W MFA No. 101670 of 2017 MFA No. 101671 of 2017 AND 5 OTHERS viii. The insurance company is directed to deposit the balance compensation amount with accrued interest within eight weeks from the date of receipt of copy of this judgment. The liberty is reserved to the insurance company to recover the compensation amount from the owner of the offending vehicle in accordance with law. ix. The office is directed to transmit the amount in deposit and the TCR to the Tribunal. Draw the award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB