- 1 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.101876 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.100958 OF 2017 MISCELLANEOUS FIRST APPEAL NO.100959 OF 2017 MISCELLANEOUS FIRST APPEAL NO.100960 OF 2017 MISCELLANEOUS FIRST APPEAL NO.101877 OF 2017 MISCELLANEOUS FIRST APPEAL NO.101878 OF 2017 IN MFA NO.101876 OF 2017 : BETWEEN: SRI. NAGAPPA @ NAGARAJA B, S/O HONNURAPPA, AGE: 33 YEARS, OCC AGRICULTURAL COOLIE, R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE, KURUGODU, BALLARI TALUK AND DISTRICT. …APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 AGE: 25 YEARS, OCC: DRIVER OF AUTO BEARING REG. NO.KA-34/B-0775, R/O: 2ND WARD, H.NO.342, TORANAGAL, TQ: SANDUR, DIST: BALLARI, NOW RESIDING AT DARURU VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI. 2. SRI. IRRANNA R. S/O RAMANNA SINCE THE DECEASED BY HIS LEGAL HEIRS 2(a). SHAKUNTHALAMMA W/O. SRI. IRRANNA, AGE: 39 YEARS, OCC: HOUSEWIFE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI. 2(b) SHIVAMMA D/O. SRI. IRRANNA AGE: 25 YEARS, OCC: COOLIE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI. 2(c) SRIDEVI D/O. SRI IRRANNA AGE: 23 YEARS, OCC: COOLIE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI. 3. THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, SUNDARAM TOWERS, 45 & 46 WHITES ROAD, CHENNAI. …RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R1 & R2 (a-c); SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3) - 3 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.12.2016 PASSED BEFORE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN M.V.C. NO.1354/2014 AND ENHANCE THE COMPENSATION BY RS.12,80,070/- IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100958 OF 2017: BETWEEN: THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD., SUNDARAM TOWERS, 45 & 46 WHITES ROAD, CHENNAI. NOW REPRESENTED BY ITS RESPONDENT AUTHORIZED SIGNATORY, ROYAL SUNDRARAM GENERAL INSURANCE COMPANY LIMITED, SUBRAMANIAN BUILDING, II FLOOR, NO.1, CLUB HOUSE ROAD, ANNASALAI, CHENNAI-600002. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. NAGAPPA @ NAGARAJA B. S/O. HONNURAPPA, 33 YEARS, AGRICULTURAL COOLIE, R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE, KURUGODU, BALLARI TALUK AND DISTRICT-590002. 2. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA 25 YEARS, DRIVER OF THE AUTO BEARING REGISTRATION NO.KA 34/B 0775, R/O: 2ND WARD, H.NO.342, TORANAGALU, - 4 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 SANDUR TALUK, BALLARI DISTRICT, NOW RESIDING AT DARURU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. SRI. IRANNA R. S/O. RAMANNA 40 YEARS, OWNER OF THE AUTO BEARING REGISTRATION NO.KA 34/B 0775 R/O. 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. SINCE DECEASED BY HIS LEGAL HEIRS: 3. SHAKUNTALAMMA WIFE OF SRI. IRANNA R., 39 YEARS, HOUSEWIFE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 4. SHIVAMMA D/O. SRI. IRANNA R., 25 YEARS, COOLIE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 5. SRIDEVI D/O. SRI. IRANNA R., 23 YEARS, COOLIE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. …RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R2-R5; NOTICE TO R1 IS SERVED) THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.12.2016 PASSED BY THE MOTOR ACCIDENTS CLAIM - 5 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 TRIBUNAL-II, BALLARI IN M.V.C. NO.1354/2014, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100959 OF 2017: BETWEEN: THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD., SUNDARAM TOWERS, 45 & 46 WHITES ROAD, CHENNAI. NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SHIVANANDA SON OF NAGARAJA B., 11 YEARS, STUDENT, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER BY NAME SMT. NAGALAKSHMI WIFE OF NAGARAJ B., 28 YEARS, COOLIE, R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE, KURUGODU, BALLARI TALUK AND DISTRICT-583101. 2. SRI. B. RAGHAVENDRA SON OF B. KRISHNAPPA, 25 YEARS, DRIVER OF THE AUTO BEARING REGISTRATION NO.KA 34/B 0775, R/O: 2ND WARD, H.NO.342, TORANAGALU, SANDUR TALUK, BALLARI DISTRICT, NOW RESIDING AT DARURU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. - 6 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 SRI. IRANNA R. SON OF RAMANNA, 40 YEARS, OWNER OF THE AUTO BEARING REGISTRATION NO.KA 34/B 0775 R/O. 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. SINCE DECEASED BY HIS LEGAL HEIRS: 3. SHAKUNTALAMMA WIFE OF SRI. IRANNA R. 39 YEARS, HOUSEWIFE, R/O. 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 4. SHIVAMMA D/O. SRI. IRANNA R., 25 YEARS, COOLIE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 5. SRIDEVI D/O. SRI. IRANNA R., 23 YEARS, COOLIE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. …RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R2-R5; NOTICE TO R1 IS SERVED) THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.12.2016 PASSED BY THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN MVC NO. 1355/2014 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. - 7 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 IN MFA NO.100960 OF 2017 : BETWEEN: THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD., SUNDARAM TOWERS, 45 & 46 WHITES ROAD, CHENNAI. NOW REPRESENTED BY ITS RESPONDENT AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. NAGALAKSHMI WIFE OF NAGARAJ B., 28 YEARS, COOLIE, R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE, KURUGODU, BALLARI TALUK AND DISTRICT-583101. 2. SRI. B. RAGHAVENDRA SON OF B. KRISHNAPPA 25 YEARS, DRIVER OF THE AUTO BEARING REGISTRATION NO.KA 34/B 0775, R/O: 2ND WARD, H.NO.342, TORANAGALU, SANDUR TALUK, BALLARI DISTRICT, NOW RESIDING AT DARURU VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. SRI. IRANNA R. SON OF RAMANNA 40 YEARS, OWNER OF THE AUTO BEARING REGISTRATION NO.KA 34/B 0775 R/O. 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. SINCE DECEASED BY HIS LEGAL HEIRS. - 8 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 3. SHAKUNTALAMMA WIFE OF SRI. IRANNA R. 39 YEARS, HOUSEWIFE, R/O. 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 4. SHIVAMMA D/O. SRI. IRANNA R., 25 YEARS, COOLIE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. 5. SRIDEVI D/O. SRI. IRANNA R., 23 YEARS, COOLIE, R/O: 504, DARURU CROSS, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. …RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R2-R5; NOTICE TO R1 IS SERVED) THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.12.2016 PASSED BY THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN MVC NO. 1356/2014 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.101877 OF 2017: BETWEEN: SHIVANANDA S/O. NAGARAJA B. AGE: 11 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER BY NAME SMT. NAGALAKSHMI W/O. NAGARAJ B., AGE: 28 YEARS, OCC: COOLIE, - 9 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE, KURUGODU, BALLARI TALUK & DISTRICT-583116. …APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA, AGE: 25 YEARS, OCC: DRIVER OF AUTO BEARING REG. NO.KA-34/B-0775, R/O: 2ND WARD, H.NO.342, TORANAGAL, TQ: SANDUR, DIST: BALLARI, NOW RESIDING AT DARURU VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583121. 2. SRI. IRRANNA R. S/O. RAMANNA SINCE DECEASED BY HIS LEGAL HEIRS 2(a) SHAKUNTHALAMMA W/O. SRI. IRRANNA, AGE: 39 YEARS, OCC: HOUSEWIFE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI-583121. 2(b) SHIVAMMA D/O. SRI. IRRANNA AGE: 25 YEARS, OCC: COOLIE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI-583121. 2(c) SRIDEVI D/O. SRI IRRANNA AGE: 23 YEARS, OCC: COOLIE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI-583121. 3. THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, SUNDARAM TOWERS, 45 & 46 WHITES ROAD, - 10 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 CHENNAI-600001. …RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R1 & R2(a-c); SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 01.12.2016 PASSED BEFORE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN M.V.C. NO.1355/2014 AND ENHANCE THE COMPENSATION BY RS.7,22,030/- IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.101878 OF 2017: BETWEEN: SMT. NAGALAKSHMI W/O. NAGARAJ B., AGE: 28 YEARS, OCC: COOLIE, R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE, KURUGODU, BALLARI TALUK AND DISTRICT. …APPELLANT (BY SRI. M. AMARE GOUDA, ADVOCATE) AND: 1. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA, AGE: 25 YEARS, OCC: DRIVER OF AUTO BEARING REG. NO.KA-34/B-0775, R/O: 2ND WARD, H.NO.342, TORANAGAL, TQ: SANDUR, DIST: BALLARI, NOW RESIDING AT DARURU VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI. 2. SRI. IRRANNA R. S/O RAMANNA SINCE DECEASED BY HIS LEGAL HEIRS - 11 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 2(a) SHAKUNTHALAMMA W/O. SRI. IRRANNA, AGE: 39 YEARS, OCC: HOUSEWIFE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI. 2(b) SHIVAMMA D/O. SRI. IRRANNA AGE: 25 YEARS, OCC: COOLIE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI. 2(c) SRIDEVI D/O. SRI IRRANNA AGE: 23 YEARS, OCC: COOLIE, R/O 504, DARURU CROSS, TQ: SIRUGUPPA, DIST: BALLARI. 3. THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, SUNDARAM TOWERS, 45 & 46 WHITES ROAD, CHENNAI. …RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R1 & R2 (a-c); SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.12.2016 PASSED BEFORE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN M.V.C. NO.1356/2014 AND ENHANCE THE COMPENSATION BY RS.8,19,040/- IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 12 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) All the six appeals are the outcome of the common order that is rendered by the Motor Accident Claims Tribunal-II, Ballari on 01.12.2016. 2. MFA 100958/2017 is filed by the Insurance Company and MFA 101876/2017 is filed by the claimant challenging the order that is rendered in MVC 1354/2014. 3. MFA 100959/2017 is filed by the Insurance Company and MFA 101877/2017 is filed by the claimant challenging the order that is rendered in MVC 1355/2014. 4. MFA 100960/2017 is filed by the Insurance Company and MFA 101878/2017 is filed by the claimant in MVC 1356/2014. - 13 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 5. Heard Sri S.K.Kayakamath who represents the Insurance Company in all the 6 appeals and Sri M.Amare Gouda who represents the claimants in all the 6 appeals. 6. When learned counsel for the Insurance Company contends that the compensation granted is exorbitant and the interest of 7% per annum laid upon the granted amount is also on higher side, learned counsel for the claimants contends that the compensation granted by the tribunal is on lower side and therefore, they are before this Court seeking enhancement. 7. So far as the claimant in MVC 1354/2014 is concerned, the said claimant by name Sri Nagappa as per the evidence produced sustained Type-II Compound Fracture shaft of right femur with fracture neck of femur, right side hip joint. The tribunal granted a sum of Rs.9,19,930/- in total as compensation. The amount of Rs.60,000/- granted under the head pain and suffering and Rs.3,37,925/- granted towards medical expenses needs no interference. So far as loss of income during laid up period is concerned, the tribunal granted a sum of Rs.6,000/- only. Having considered the nature of injuries - 14 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 sustained, this Court is of the view that the said sum is on lower side. However, when the disability which is partial in nature is 25% as per the evidence produced, the tribunal took the disability in respect of whole body as 25%, which cannot be so. The tribunal apart from granting Rs.3,06,000/- towards loss of future earnings, awarded a sum of Rs.2,00,000/- towards loss of future prospects. Therefore, this Court is of the view that the amount granted in excess can be taken to be Rs.2,00,000/-. Hence, this Court is of the view that the appeal filed by the insurance company is required to be allowed to that extent and consequently the appeal filed by the claimant therein is required to be dismissed. 8. Coming to the claimant in MVC 1355/2014, the said claimant as per the evidence produced sustained fracture of 1st, 2nd and 3rd metatarsal bones of right foot which is grievous in nature. The tribunal granted a sum of Rs.1,00,000/- as compensation towards pain and agony, which is on higher side. The claimant is a boy aged 18 years. Thus granting a sum of Rs.2,250/- under the head loss of income during laid up period is - 15 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 unjustifiable. Also the amount granted towards loss of future prospects that is Rs.3,00,000/- is unjustifiable as rightly contended by learned counsel for the insurance company. Therefore, this Court is of the view that the compensation that is granted by the tribunal that is Rs.4,77,970/- is required to be reduced by Rs.3,00,000/- thereby, awarding a sum of Rs.1,77,970/- only as compensation. Thus, the appeal that is filed by the insurance company is required to be allowed in part dismissing the appeal that is filed by the claimant. 9. Coming to the claim of the claimant in MVC 1356/2014, the claimant therein sustained injury to cervical spine and injury to right shoulder which are simple in nature and also sustained fracture of temporal bone over right side which is grievous in nature. The tribunal granted a sum of Rs.40,000/- towards pain and agony, which is justifiable. However, the sum granted that is Rs.6,000/- towards loss of income during laid up period is on lower side. But the tribunal granted a sum of Rs.1,00,000/- towards loss of future prospects without there being any material regarding the alleged disability. Thus - 16 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 considering the totality of evidence produced, this Court is of the view that the sum granted as compensation is required to be reduced by Rs.50,000/-. Therefore, the appeal filed by the insurance company is required to be allowed in part, dismissing the appeal that is filed by the claimant. 10. Thus, all the six appeals are disposed of with the following: ORDER i) MFA 100958/2017, MFA 100959/2017 and MFA 100960/2017 are allowed in part. ii) The compensation that is granted by the Motor Accidents Claims Tribunal-II, Ballari through orders in MVC 1354/2014 dated 01.12.2016 is reduced by Rs.2,00,000/-. iii) The compensation that is granted by the Motor Accidents Claims Tribunal-II, Ballari through orders in MVC 1355/2014 Dated 01.12.2016 is reduced by Rs.3,00,000/-. iv) The compensation that is granted by the Motor Accidents Cleanse Tribunal-II, Ballari through - 17 - HC-KAR NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 orders in MVC 1356/2014 is reduced by Rs.50,000/-. v) The amount that is awarded as compensation by the tribunal carry interest at the rate of 6% per annum from the date of petition till the date of deposit. vi) The appeals in MFA 101876/2017, MFA 101877/2017 and MFA 101878/2017 stand dismissed without costs. vii) Amount if any in deposit be transmitted to the concerned Tribunal immediately. viii) Amount if any paid in excess by the Insurance Company be refunded to the Insurance Company. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM List No.: 1 Sl No.: 49