- 1 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102301 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102276 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102294 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102295 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102296 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102297 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102298 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102299 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102300 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102435 OF 2014 (MV-D) IN MFA NO. 102301 OF 2014: BETWEEN: RAJASHREE W/O SHIVANADA MUNDARAGI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: ANNIGERI, DIST: DHARWAD. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.106/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102276 OF 2014: BETWEEN: SHIVANAD S/O CHANNAMALLAPPA MUNDARAGI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: ANNIGERI, TQ: NAVALGUND, DIST: DHARWAD. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR - 3 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.99/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102294 OF 2014: BETWEEN: JAYAMMA W/O IRANNA HURAKADLI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: HULKOTI, DIST: GADAG. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.98/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT - 4 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102295 OF 2014: BETWEEN: MAHANTESH S/O BASAVARAJ ANGADI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: NEGALUR, TQ: GUTTAL, DIST: HAVERI. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.100/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. - 5 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 IN MFA NO. 102296 OF 2014: BETWEEN: PRATIBHA W/O PRABHUGOUDA PATIL, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: MASABAHANCHINAL, TQ: YALBURGA, DIST: KOPPAL. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.101/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102297 OF 2014: BETWEEN: SMT. GURAMMA W/O BASETTEPPA SHETTAR, - 6 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 AGE: 51 YEARS, OCC: AGRICULTURE, TQ: YALBURGA, DIST: KOPPAL. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.102/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102298 OF 2014: BETWEEN: BAGYASHREE W/O MAHANTESH ANGADI, AGE: 27 YEARS, OCC: AGRICULTURE/MILK VENDING, R/O: NEGALUR, TQ: GUTTAL, DIST: HAVERI. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: - 7 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.103/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102299 OF 2014: BETWEEN: SHANKUNTALA W/O KALAKANAGOUDA PATIL, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: MASABAHANCHINAL, TQ: YALBURGA, DIST: KOPPAL. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. - 8 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.104/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102300 OF 2014: BETWEEN: KAPPATAPPA S/O SIDDAPPA ANGADI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: MASABAHANCHINAL, TQ: YALBURGA, DIST: KOPPAL. … APPELLANT (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., - 9 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2014 PASSED IN M.V.C. NO.105/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. IN MFA NO. 102435 OF 2014: BETWEEN: 1. SHANKUNTALA W/O KALAKANAGOUDA PATIL, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: MASABAHANCHINAL, TQ: YALBURGA, DIST: KOPPAL. 2. ROOPA D/O KALAKANAGOUDA PATIL, AGE: 25 YEARS, OCC: HOUSEHOLD, R/O: MASABAHANCHINAL, TQ: YALBURGA, DIST: KOPPAL. … APPELLANTS (BY SRI S.M. KALWAD, ADVOCATE.) AND: 1. ISHAPPA DEVAPPA VAKKALAD, AGE: MAJOR, OCC: OWNER, R/O: CHIKENKOPPA, TQ: YALABURGA, DIST: KOPPAL. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., - 10 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 DR. K.G. KULAKARNI BUILDING, 1ST FLOOR, DR. SIMPI LINGANNA ROAD, KOPPAL. … RESPONDENTS (BY SRI DEEPAK MAGANUR, ADVOCATE FOR SRI CHANDRASHEKHAR P. PATIL, ADVOCATE FOR R1; SRI R.R.MANE, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.07.2014 PASSED IN M.V.C. NO.97/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT HUNAGUND AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY FASTENING THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) All these appeals are filed by the claimants challenging the judgment and award dated 15.02.2014, passed by the Motor Vehicle Accident Claims Tribunal No.X, Hungund1, in MVC Nos.97 to 106 of 2013, seeking enhancement of compensation as well as praying for modification of liability. 1 hereinafter referred to as ‘the Tribunal’ for short - 11 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 3. Heard the arguments of learned counsels appearing for the respective parties and perused the records and the appeal papers. 4. The Tribunal while awarding compensation has fastened liability on the owner of the tempo trax on the reason that the tempo trax was taken on hire basis. Hence there is violation of conditions policy. Therefore, exonerated the Insurance Company from paying the compensation. 5. It is the case of the claimants that on 20.06.2012 the claimants and others were proceeding from Masabahanchinal village of Yelburga taluk to Basavakalyana to attend a function and for this purpose they were going in a tempo trax bearing No.KA-37/M-4981 and near Kandagal cross on Ilkal-Mudugal road, due to - 12 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 rash and negligent driving by the driver of said tempo trax, hit to the milestone on the right side of the road and the vehicle toppled down and caused the accident. In the said accident some of the claimants sustained grievous injuries and one occupant in the vehicle died. Therefore, upon claim petition filed, the Tribunal has awarded compensation but fastened liability on the owner of the tempo trax on the reason that the tempo trax was taken on hire/rent basis to go to Basavakalyana, thereby, exonerated the Insurance Company from paying compensation. 6. The learned counsel for the appellants/claimants submitted that the vehicle tempo trax was not taken on hire basis. Though in the complaint it is stated that the tempo trax was taken on rent, but on the very same day the very same complainant had given further statement that the tempo trax was not taken for hire basis. But there is no evidence to prove that the - 13 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 vehicle was taken on hire basis. But the Tribunal on hyper technical reasoning which is not at all required, has observed in the judgment and wrongly came to the conclusion that the vehicle was taken on hire basis. Therefore, the appreciation of evidence made by the Tribunal is perverse and not correct. Therefore, prays to allow the appeal by enhancing the quantum of compensation by modifying the liability. 7. On the other hand, learned counsel for respondent/Insurance Company submitted that in the complaint it is clearly written down by the complainant that the tempo trax was taken on rent basis and this is correctly appreciated by the Tribunal. Hence, the Insurance Company is not liable to pay compensation as the terms and conditions of the policy are violated. Therefore, prays to dismiss the appeal and also there are no grounds available for making enhancement of compensation. - 14 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 8. The Tribunal while appreciating the evidence on this point has devoted itself to the observations starting from paragraph No.58 and held that the tempo trax was taken on hire basis. Ex.P.2 is the complaint and in the complaint it is stated that the tempo trax was taken on rent basis and going to Basavakalyana for attending a function. Ex.P.3 is the further statement of the complainant, in which it is stated that he came to know that the tempo trax was not taken on rent basis. Therefore, there is contradictory version of the complainant in the complaint and subsequent further statement. 9. Upon considering these three documents it is found that the further statement is conveniently altered so as to escape from liability to pay compensation. Whatever the ingredients in the complaint, the same are once again reflected in the written statement except the rent whichever the vehicle was taken on rent basis, therefore, - 15 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 at very initial point of time, it is stated in natural course of flow of transaction what could happen after the accident immediately, the same is reflected in the complaint while lodging complaint before the Police and stated that the tempo trax was taken on rent. 10. 10. Though this aspect was admitted to change the version by recording further statement that the complainant came to know that the tempo trax was not taken on hire basis, but on all its preponderance of probabilities it is proved that the further statement is recorded just to help the owner making him to escape from the liability therefore, the Tribunal is correct in giving finding that the vehicle was taken on rent basis and since the vehicle is private jeep, hence there is violation of conditions of insurance policy is proved. Hence, in such an event, the Insurance Company is liable to be exonerated from payment of compensation and owner alone shall pay compensation. - 16 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 11. However, learned counsel for the appellants places reliance on the judgment of Hon’ble Supreme Court in the case of MANUARA KHATUN VS. RAJESH KUMAR SINGH AND OTHERS2 and prays for an order of pay and recovery. 12. Learned counsel for the respondent/Insurance Company has not disputed the proposition of law laid down in this case by the Hon’ble Supreme Court. In the cited case the facts are that the deceased while travelling as passenger in the tata sumo died in the accident. The tata sumo was taken on hire basis, therefore, under these facts and circumstances, the Hon’ble Supreme Court held that the deceased has travelled as gratuitous passenger and an order of pay and recovery is made directing the Insurance Company to pay the compensation at first instance then recover it from the owner of tata sumo. Therefore, the principle of law laid down in this case is 2 AIR 2017 SCC 1204 - 17 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 applicable to the instant case. Therefore, an order of pay and recovery would be made in this case. REGARDING PAY AND RECOVERY: 13. The Insurance Company is able to establish the defence as per sub-section (2) of section 149 of Motor Vehicles Act, 1988 (for short the MV Act). However, the claimants are third party to the vehicle. Hence as per sub-section (1), (5) and (7) of section 149 of the MV Act, and also as per the principle of law laid down by the Hon’ble Supreme Court in the cases of PAPPU AND OTHERS VS. VINOD KUMAR LAMBA AND ANOTHER3, NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH AND OTHERS4 and also as per the Full Bench decision of this Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS. YELLAVVA AND ANOTHER5, the Insurance Company 3 (2018) 3 SCC 208 4 (2004) 3 SCC 297 5 2020 ACJ 2560 - 18 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 shall satisfy the claim at the first instance to the claimants and then recover it from the owner of the offending vehicle. However, the Insurance Company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in ORIENTAL INSURANCE CO. LTD., VS. NANJAPPAN AND OTHERS6 (Nanjappan Case). 14. Therefore, the Insurance Company of the motorcycle shall pay compensation to the claimants at the first instance and then recover it from the owner of the offending vehicle. 15. So far as the rate of interest is concerned, the Tribunal, while awarding compensation, has taken the rate of interest at 9% p.a. This Court, while awarding compensation 6 2004 AIR SCW 952 - 19 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 has consistently awarded at the rate of 6% p.a. Hence, the same is scaled down to 6% p.a. REGARDING QUANTUM OF COMPENSATION: IN MFA No.102301/2014 (MVC No.106/2013) 16. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. Fracture of left femur. ii. Fracture of superior and inferior pubic rami. iii. Accetabulam. iv. Shortening of leg by 2 cm. 17. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 1,44,000/- 2. Attendant charges. 3,400/- 3. Medical expenses. 78,020/- 4. Future medical expenses. 3,000/- 5. Towards loss of amenities. 32,000/- Total: 2,60,420/- - 20 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 18. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 19. The doctor has stated that the claimant had suffered 75% physical disability to the whole body. Therefore, considering the evidence of the doctor, 30% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., fracture of left femur, fracture of superior and inferior pubic rami, accetabulam and shortening of leg by 2 cm.” 20. Accordingly as per the age group mentioned in NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI AND OTHERS7 (Pranay Sethi Case), and as per the Division Bench judgment of this Court in NEW INDIA ASSURANCE COMPANY VS. ABDUL S/O 7 (2017) 16 Supreme Court Cases 680 - 21 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 MEHABOOB TAHASILDAR8 (Abdul S/0 Mehaboob Tahasildar Case) and as per the judgment of the Hon’ble Supreme Court in the case of SIDRAM VS. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER9 (Sidram Case), even in the case of injuries, certain income is to be added towards loss of future prospects in life. Therefore, in view of the decision in Pranay Sethi (supra), the claimant is entitled for 40% of income to be added towards loss of future prospects. 21. Considering the injuries sustained, a compensation of Rs.60,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs78,020/- is as per the actual bills and receipts produced; therefore, the same is kept intact Further, Rs.20,000/- towards incidental expenses like 8 MFA No.103807/2016 and connected matters 9 (2023) 3 SCC 439 - 22 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 food, nourishment, diet, attendant charges and conveyance charges etc., and Rs.26,000/- towards loss of income during laid up period for a period of 4 months is awarded. 22. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 35 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘16’. Hence, loss of future income due to disability is hereby reassessed as Rs.5,24,160/- (Rs.6,500/- + 40% x 30% x 12 x 16). 23. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 60,000/- 2. Loss of amenities. 35,000/- 3. Attendant, Diet, Nourishment charges and Conveyance etc,. 20,000/- 4. Medical Expenses. 78,020/- 5. Loss of future income due to 5,24,160/- - 23 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 disability. 6. Loss of income during laid up period. 26,000/- Total: 7,43,180/- 24. Therefore, the claimant is entitled for total compensation of Rs.7,43,180/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.2,60420/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102276/2014 (MVC NO.99/2013): 25. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injury: “Fracture of chip of right tibia and fibula.” 26. The Tribunal has awarded total compensation of Rs.7,691/- under the heads of medical expenses and attendant charges. - 24 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 27. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 28. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.6,641/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.5,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.13,000/- towards loss of income during laid up period for a period of 2 months, is awarded. 29. The doctor has stated that the claimant had suffered 30% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the - 25 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 claimant had suffered fracture of chip of right tibia and fibula. 30. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 45 years at the time of accident. Therefore, appropriate applicable multiplier is ‘14’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,09,200/- (Rs.6,500/- x 10% x 12 x 14). 31. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 30,000/- 2. Loss of amenities. 20,000/- 3. Attendant, Diet, Nourishment charges and Conveyance etc,. 5,000/- 4. Medical Expenses. 6,641/- 5. Loss of future income due to disability. 1,09,200/- 6. Loss of income during laid up period. 13,000/- Total: 1,83,841/- - 26 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 32. Therefore, the claimant is entitled for total compensation of Rs.1,83,841/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,691/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102294/2014 (MVC NO.98/2013): 33. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injury: “Communited fracture of left radius and ulna.” 34. The Tribunal has awarded compensation of under the various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 39,600/- 2. Attendant charges. 1,600/- 3. Pain and suffering. 5,000/- - 27 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 4. Medical Expenses. 20,754/- Total: 66,954/- 35. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 36. Considering the injuries sustained, a compensation of Rs.20,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.20,754/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.8,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.6,500/- towards loss of income during laid up period for a period of 1 month, is awarded. 37. The doctor has stated that the claimant had suffered 20% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 7% - 28 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 functional disability is taken into consideration as the claimant had suffered communited fracture of left radius and ulna. 38. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 50 years at the time of accident. Therefore, appropriate applicable multiplier is ‘13’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.70,980/- (Rs.6,500/- x 7% x 12 x 13). 39. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 20,000/- 2. Loss of amenities. 10,000/- 3. Attendant, Diet, Nourishment charges and Conveyance etc,. 8,000/- 4. Medical Expenses. 20,754/- 5. Loss of future income due to disability. 70,980/- - 29 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 6. Loss of income during laid up period. 6,500/- Total: 1,36,234/- 40. Therefore, the claimant is entitled for total compensation of Rs.1,36,234/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.66,954/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102295/2014 (MVC NO.100/2013): 41. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injury: “Communited fracture of left radius and ulna and right mellelous.” 42. The Tribunal has awarded compensation of under the various heads as follows: - 30 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 81,000/- 2. Attendant charges. 1,600/- 3. Pain and suffering. 5,000/- 4. Medical Expenses. 33,244/- Total: 1,20,844/- 43. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 44. Considering the injuries sustained, a compensation of Rs.20,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.33,244/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.13,000/- towards loss of income during laid up period for a period of 2 months, is awarded. - 31 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 45. The doctor has stated that the claimant had suffered 35% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the claimant had suffered communited fracture of left radius and ulna and right mellelous. 46. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 35 years at the time of accident. Therefore, appropriate applicable multiplier is ‘16’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,24,800/- (Rs.6,500/- x 10% x 12 x 16). 47. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 20,000/- 2. Loss of amenities. 15,000/- - 32 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 3. Attendant, Diet, Nourishment charges and Conveyance etc,. 10,000/- 4. Medical Expenses. 33,244/- 5. Loss of future income due to disability. 1,24,800/- 6. Loss of income during laid up period. 13,000/- Total: 2,16,044/- 48. Therefore, the claimant is entitled for total compensation of Rs.2,16,044/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,20,844/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102296/2014 (MVC NO.101/2013): 49. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injury: “Deep cut injury over middle of right arm and wrist.” - 33 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 50. The Tribunal has awarded total compensation of Rs.16,484/- under the heads of medical expenses and attendant charges. 51. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 52. Considering the injuries sustained, a compensation of Rs.15,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.14,844/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.5,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.6,500/- towards loss of income during laid up period for a period of 1 months, is awarded. - 34 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 53. The doctor has stated that the claimant had suffered 10% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 6% functional disability is taken into consideration as the claimant had suffered deep cut injury over middle of right arm and wrist. 54. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 25 years at the time of accident. Therefore, appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.84,240/- (Rs.6,500/- x 6% x 12 x 18). 55. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 15,000/- 2. Loss of amenities. 10,000/- - 35 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 3. Attendant, Diet, Nourishment charges and Conveyance etc,. 5,000/- 4. Medical Expenses. 14,844/- 5. Loss of future income due to disability. 84,240/- 6. Loss of income during laid up period. 6,500/- Total: 1,35,584/- 56. Therefore, the claimant is entitled for total compensation of Rs.1,35,584/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.16,484/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102297/2014 (MVC NO.102/2013): 57. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. Fracture of left clavicle. ii. Fracture of wrist and distal end radius. - 36 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 58. The Tribunal has awarded compensation under the various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 79,200/- 2. Attendant charges. 3,600/- 3. Pain and suffering. 5,000/- 4. Medical Expenses. 20,880/- 5. Future medical expenses. 20,000/- Total: 1,28,608/- 59. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 60. Considering the injuries sustained, a compensation of Rs.25,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.20,808/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and - 37 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 Rs.13,000/- towards loss of income during laid up period for a period of 2 months, is awarded. 61. The doctor has stated that the claimant had suffered 25% disability to the left upper limb and 30% of disability to the right upper limb. Therefore, considering the evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered fracture of left clavicle and fracture of wrist and distal end radius. 62. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 50 years at the time of accident. Therefore, appropriate applicable multiplier is ‘13’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,21,680/- (Rs.6,500/- x 12% x 12 x 13). - 38 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 63. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 25,000/- 2. Towards loss of amenities. 15,000/- 3. Towards attendant, diet, nourishment charges and conveyance etc,. 10,000/- 4. Towards medical expenses. 20,808/- 5. Towards loss of future income due to disability. 1,21,680/- 6. Towards loss of income during laid up period. 13,000/- 7. Towards future medical expenses. 20,000/- Total: 2,25,488/- 64. Therefore, the claimant is entitled for total compensation of Rs.2,25,488/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,28,608/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 39 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 IN MFA NO.102298/2014 (MVC NO.103/2013): 65. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. Communited fracture of upper end of tibia. ii. Abrasion over the left knee. iii. Shortening of left leg by 1 cm. 66. The Tribunal has awarded compensation under the various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Medical expenses. 53,897/- 2. Loss of future earning capacity. 1,22,400/- 3. Attendant charges. 3,400/- 4. Pain and suffering. 5,000/- 5. Future medical expenses. 20,000/- Total: 2,04,697/- 67. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. - 40 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 Therefore, the same is required to be enhanced by modifying the judgment and award. 68. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.53,897/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.13,000/- towards loss of income during laid up period for a period of 2 months, is awarded. 69. The doctor has stated that the claimant had suffered 35% disability towards whole body. Therefore, considering the evidence of the doctor, 14% functional disability is taken into consideration as the claimant had suffered communited fracture of upper end of tibia, - 41 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 abrasion over the left knee and shortening of left leg by 1 cm. 70. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 26 years at the time of accident. Therefore, appropriate applicable multiplier is ‘17’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,85,640/- (Rs.6,500/- x 14% x 12 x 17). 71. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 30,000/- 2. Towards loss of amenities. 20,000/- 3. Towards attendant, diet, nourishment charges and conveyance etc,. 15,000/- 4. Towards medical expenses. 53,897/- 5. Towards loss of future income due to disability. 1,85,640/- 6. Towards loss of income during laid up period. 13,000/- - 42 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 7. Towards future medical expenses. 20,000/- Total: 3,37,537/- 72. Therefore, the claimant is entitled for total compensation of Rs.3,37,537/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,04,697/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102299/2014 (MVC NO.104/2013): 73. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injury: “Fracture of left 5th to 9th ribs.” 74. The Tribunal has awarded compensation under the various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 23,400/- - 43 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 2. Attendant charges. 1,600/- 3. Pain and suffering. 5,000/- 4. Medical expenses. 7,339/- Total: 37,339/- 75. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 76. Considering the injuries sustained, a compensation of Rs.15,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.7,339/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.6,500/- towards loss of income during laid up period for a period of 1 months, is awarded. 77. The doctor has stated that the claimant had suffered 10% disability towards whole body. Therefore, - 44 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 considering the evidence of the doctor, 6% functional disability is taken into consideration as the claimant had suffered fracture of left 5th to 9th ribs. 78. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 45 years at the time of accident. Therefore, appropriate applicable multiplier is ‘14’. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.65,520/- (Rs.6,500/- x 6% x 12 x 14). 79. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 15,000/- 2. Towards loss of amenities. 10,000/- 3. Towards attendant, diet, nourishment charges and conveyance etc,. 10,000/- 4. Towards medical expenses. 7,339/- 5. Towards loss of future income due to disability. 65,520/- - 45 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 6. Towards loss of income during laid up period. 6,500/- Total: 1,14,359/- 80. Therefore, the claimant is entitled for total compensation of Rs.1,14,359/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.37,339/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102300/2014 (MVC No.105/2013): 81. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injury: “Fracture of cervical spine and loss of movements of all four limbs.” 82. The Tribunal has awarded compensation under various heads as under: - 46 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 1,51,200/- 2. Attendant charges. 3,600/- 3. Pain and suffering. 5,000/- 4. Medical expenses. 1,35,559/- Total: 2,76,613/- 83. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 84. The doctor has stated that the claimant had suffered 75% physical disability to the whole body. Therefore, considering the evidence of the doctor, 30% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., fracture of cervical spine and loss of movements of all four limbs. 85. Accordingly, as per the age group mentioned in the judgment of Hon’ble Supreme Court in the case of PRANAY SETHI (supra) and as per the Division Bench judgment of this Court in ABDUL S/0 MEHABOOB - 47 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 TAHASILDAR (supra) and as per the judgment of the Hon’ble Supreme Court in the case of SIDRAM (supra) even in the case of injuries, certain income is to be added towards loss of future prospects in life. Therefore, in view of the decision in PRANAY SETHI (supra), the claimant is entitled for 40% of income to be added towards loss of future prospects. 86. Considering the injuries sustained, a compensation of Rs.60,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.1,35,559/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, diet, attendant charges and conveyance charges etc., and Rs.26,000/- towards loss of income during laid up period for a period of 4 is awarded. - 48 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 87. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 42 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘14’. Hence, loss of future income due to disability is hereby reassessed as Rs.4,58,640/- (Rs.6,500/- + 40% x 30% x 12 x 14). 88. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 60,000/- 2. Towards loss of amenities. 40,000/- 3. Towards attendant, diet, nourishment charges and conveyance etc,. 20,000/- 4. Towards medical Expenses. 1,35,559/- 5. Towards loss of future income due to disability. 4,58,640/- 6. Towards loss of income during laid up period. 26,000/- Total: 7,40,199/- 89. Therefore, the claimant is entitled for total compensation of Rs.7,40,199/- along with interest at the - 49 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.2,76,613/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.102435/2014 (MVC No.97/2013): 90. In this case, the factum of accident, death of deceased in the said accident and coverage of insurance are not in dispute. 91. In the present case, the Tribunal awarded compensation under various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 8,44,117/- 2. Towards funeral expenses. 10,000/- 3. Towards loss of love and affection. 10,000/- 4. Towards loss of consortium. 10,000/- Total: 8,74,117/- 92. The Tribunal awarded lesser amount of compensation contrary to the principles of law decided by - 50 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 the Hon’ble Supreme Court. Therefore, the same is required to be modified. 93. The deceased was aged 66 years as on the date of accident and was a retired engineer at the time of accident and the claimants, being legal heirs of the deceased have produced copy of the pension payment order-Ex.P-8. As per this document, the deceased was taking pension of Rs.20,354.25/- per month. Hence, the same is taken into consideration. The accident is of the year 2012. Therefore, the monthly income of the deceased is taken at Rs.20,354.25/-. In view of the decision of the Hon’ble Apex Court in case of PRANAY SETHI (supra), 40% of the income is to be added towards loss of future prospects in life. There are totally two legal heirs. Therefore, 1/3rd of the income is to be deducted towards personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is ‘5’. Therefore, loss of dependency is re-assessed and - 51 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 quantified at Rs.11,39,824/- (Rs.20,354/- + 40% x 2/3rd x 12 x 5). 94. In view of the decision of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS10, and in the case of PRANAY SETHI (supra), the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. 95. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore, under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 10 2018 ACJ 2782 - 52 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 96. Thus, the claimants would be entitled for compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 11,39,824/- 2. Towards loss of consortium (40,000 x 2 +10%) 88,000/- 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000 Total: 12,60,824/- 97. Therefore, the claimants are entitled for compensation of Rs.12,60,824/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.8,74,117/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 98. In the result, I proceed to pass the following: ORDER i. The appeals are allowed-in-part. - 53 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 ii. The judgment and award dated 15.02.2014 passed in MVC Nos.97 to 106 on the file of Motor Vehicle Accident Claims Tribunal No.X, Hungund, stand modified. iii. The claimant in MFA No.102301/2014 (MVC No.106/2013) is entitled for total compensation of Rs.7,43,180/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.2,60420/- awarded by the Tribunal. iv. The claimant in MFA No.102276/2014 (MVC No.99/2013) is entitled for total compensation of Rs.1,83,841/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,691/- awarded by the Tribunal. v. The claimant in MFA No.102294/2014 (MVC No.98/2013) is entitled for total compensation of Rs.1,36,234/- along with interest at the rate of 6% p.a. from the - 54 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 date of filing of the petition till realization, as against Rs.66,954/- awarded by the Tribunal. vi. The claimant in MFA No.102295/2014 (MVC No.100/2013) is entitled for total compensation of Rs.2,16,044/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,20,844/- awarded by the Tribunal. vii. The claimant in MFA No.102296/2014 (MVC No.101/2013) is entitled for total compensation of Rs.1,35,584/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.16,484/- awarded by the Tribunal. viii. The claimant in MFA No.102297/2014 (MVC No.102/2013) is entitled for total compensation of Rs.2,25,488/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, - 55 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 as against Rs.1,28,608/- awarded by the Tribunal. ix. The claimant in MFA No.102298/2014 (MVC No.103/2013) is entitled for total compensation of Rs.3,37,537/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,04,697/- awarded by the Tribunal. x. The claimant in MFA No.102299/2014 (MVC No.104/2013) is entitled for total compensation of Rs.1,14,359/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.37,339/- awarded by the Tribunal. xi. The claimant in MFA No.102300/2014 (MVC No.105/2013) is entitled for total compensation of Rs.7,40,199/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.2,76,613/- awarded by the Tribunal. - 56 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 xii. The claimants in MFA No.102435/2014 (MVC No.97/2013) is entitled for total compensation of Rs.12,60,824/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.8,74,117/- awarded by the Tribunal. xiii. The claimants in all these cases are not entitled to interest for the delay period, if any, in filing the appeals. xiv. The Insurance Company shall deposit/pay compensation to the claimants at the first instance and then recover it from the owner of the offending vehicle by following the principle of law laid down by the Hon’ble Supreme Court in the case of NINJAPPAN (supra). xv. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 57 - HC-KAR NC: 2025:KHC-D:8972 MFA No. 102301/2014 C/W MFA No. 102276/2014, MFA No.102294/2014, MFA No.102295/2014, MFA No.102296/2014, MFA No.102297 of 2014, MFA No.102298/2014, MFA No.102299/2014, MFA No.102300/2014, MFA No. 102435/2014 xvi. Registry is directed to transmit the Trial Court Records along with copy of this judgment to the Tribunal. xvii. No order as to costs. xviii. Draw modified award accordingly. In view of disposal of the appeals pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK-para 1 to 7. SRA-para 8 to end. CT:BCK LIST NO.: 1 SL NO.: 34