Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 76068 (KAR)

PARVATHAMMA v. SRI INDRESH H R

MFA/10534/2018 · 2025-09-18

D K Singh, Venkatesh Naik T

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.10534 OF 2018 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.1381 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.2415 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.2417 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO.2418 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.8524 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8552 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.467 OF 2020 (MV-D) IN MFA No.10534/2018 BETWEEN: 1. PARVATHAMMA AGED ABOUT 46 YEARS W/O. MUNIRAJU K. 2. K. MUNIRAJU AGED ABOUT 52 YEARS S/O. KARIYAPPA BOTH ARE RESIDING AT HSR LAYOUT, 5TH BLOCK HENNUR VILLAGE BENGALURU-560 043. …APPELLANTS (BY SMT. SWATHI G. HEGDE, ADVOCATE FOR SRI PAVANA CHANDRA SHETTY, ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS AND: 1. SRI INDRESH H.R. AGED ABOUT 33 YEARS S/O. RAMANJANI RESIDING AT NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-79. 2. LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD. NO.1, ALYSSA, 1ST FLOOR REAR PORTION, OLD NO.28 NEW NO.23, RICHMOND ROAD BENGALURU. 3. M/S. CORE LOGISTIC COMPANY DOOR NO.604A, NIST THOTTAM, SALEM ROAD NAMAKKAL-637 001. 4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH C CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-10. …RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2; SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE FOR R-4; VIDE ORDER DATED 7-6-2025 AND DATED 18-9-2025 NOTICE TO R-1 AND R-3 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26-10-2018 PASSED IN MVC NO.37 OF 2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM AT MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS IN MFA NO.1381/2019 BETWEEN: THE CLAIM MANAGER LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LIMITED NO.1, ALYSSA, IST FLOOR REAR PORTION, OLD NO.28 NEW NO.23, RICHMOND ROAD BENGALURU-560 002 BY ITS MANAGER. ...APPELLANT (BY SRI O. MAHESH, ADVOCATE) AND: 1. PARVATHAMMA AGE 47 YEARS W/O. MUNIRAJU K. 2. K. MUNIRAJU AGE 53 YEARS S/O. KARIYAPPA RESPONDENT NOS.1 AND 2 ARE RESIDING AT HSR LAYOUT 5TH BLOCK, HENNUR VILLAGE BENGALURU-560 043. 3. SRI INDRESH H.R. AGE 34 YEARS S/O. RAMANJANI RESIDING AT NO.07 INDRA KARUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043. 4. M/S. CORE LOGISTIC COMPANY DOOR NO.604, NIST THOTTAM, SALEM ROAD NAMAKKAL-637 001. - 4 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 5. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT NO.49TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010. ...RESPONDENTS (BY SRI KUMARA, ADVOCATE FOR R-3; SRI B. PRADEEP, ADVOCATE FOR R-5; R-1, R-2 AND R-4 ARE SERVED BUT UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26-10-2018 PASSED IN MVC NO.37 OF 2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MACT, KOLAR, AWARDING COMPENSATION OF RS.12,04,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS PAYMENT. IN MFA NO.2415/2019 BETWEEN: THE MANAGER CHOLAMANDALAM M S GIC LTD. UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 9TH CROSS, INDUSTRIAL SUBURB 4TH M BLOCK, RAJAJINAGAR BENGALURU-10. ...APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE) AND: 1. SMT. ANITHA W/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 28 YEARS. - 5 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 2. KUM. ASHWINI D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 9 YEARS. 3. KUM. AMULYA D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 7 YEARS. 4. MASTER ABHISHEK S/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 6 YEARS 5. SMT. RAMAKKA W/O. LATE APPENNA NOW AGED ABOUT 68 YEARS RESPONDENT NOS.2 TO 4 ARE MINORS REPRESENTED BY RESPONDENT NO.1 MOTHER AND NATURAL GUARDIAN RESPONDENT NOS.1 TO 5 ARE RESIDING AT MUDDANAHALLI VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT. 6. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043. 7. THE LIBERTY VIDEOCON GIC LTD. PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-25. 8. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 - 6 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS TAMIL NADU. ...RESPONDENTS (BY SRI GOPAL KRISHNA N., ADVOCATE FOR R-1 TO R-5; R-2 TO R-4 MINOR REPRESENTED BY R-1; SRI KUMARA, ADVOCATE FOR R-6; SRI O. MAHESH, ADVOCATE FOR R-7; R-8 SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.1461 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.17,71,000/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO.2417/2019 BETWEEN: THE MANAGER CHOLAMANDALAM M S GIC LTD. UNIT NO.4, GOLDEN HEIGHTS 9TH FLOOR, 59TH C CROSS INDUSTRIAL SUBURB 4TH M BLOCK, RAJAJINAGAR BENGALURU-10. ...APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE) AND: 1. SRI G. SANTHOSH GOWDA @ G. SANTHOSH S/O. V.A. GOVARDAN RAJU AGED ABOUT 29 YEARS - 7 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS SINCE NEUROLOGICALLY DEFICIT REPRESENTED BY HIS NEXT FRIEND/FATHER SRI V.A. GOVARDAN RAJU S/O. B. ANJINAPPA NOW AGED ABOUT 53 YEARS RESIDENT OF GOWDA'S MANSION HENNUR MAIN ROAD NEXT TO VIDYANIKETHAN SCHOOL GEDDALAHALLI KOTHANUR POST BENGALURU-77. 2. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-43. 3. THE LIBERTY VIDEOCON GIC LTD. PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-25. 4. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU. ...RESPONDENTS (BY SRI KUMARA, ADVOCATE FOR R-2; SRI O. MAHESH, ADVOCATE FOR R-3; VIDE ORDER DATED 9-7-2021, R-1 IS HELD SUFFICIENT, SINCE UNCLAIMED; R-4 SERVED BUT UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND - 8 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS AWARD DATED 3-10-2018 PASSED IN MVC NO.6999 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.44,69,410/- WITH INTEREST AT 7.5% P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO.2418/2019 BETWEEN: THE MANAGER CHOLAMANDALAM M S GIC LTD. UNIT NO.4, GOLDEN HEIGHTS COMPLEX 9TH FLOOR, 59TH C CROSS INDUSTRIAL SUBURB 4TH M BLOCK, RAJAJINAGAR BENGALURU-10. ...APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE) AND: 1. SMT. YARAMMA W/O. LATE MUNNEGOWDA, AGED ABOUT 31 YEARS. 2. KUM. M. BHAVANI D/O. LATE MUNNEGOWDA AGED ABOUT 18 YEARS. 3. KUM. BHAVYA D/O. LATE MUNNEGOWDA NOW AGED ABOUT 16 YEARS. 4. SMT. VARALAKSHMI W/O. LATE MUNNEGOWDA AGED ABOUT 29 YEARS. 5. MASTER M. ANIL KUMAR S/O. LATE MUNNEGOWDA AGED ABOUT 14 YEARS. - 9 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 6. KUM. M. ARCHANA D/O. LATE MUNNEGOWDA AGED ABOUT 12 YEARS. 7. MASTER TARUN YADAV S/O. LATE MUNNEGOWDA AGED ABOUT 8 YEARS. 8. SMT. LAKSHMAMMA W/O. LATE. KRISHNAPPA AGED ABOUT 58 YEARS. RESPONDENT NO.3 IS MINOR REPRESENTED BY RESPONDENT NO.1 MOTHER AND NATURAL GUARDIAN RESPONDENT NOS.5 TO 7 ARE MINORS REPRESENTED BY RESPONDENT NO.4 MOTHER AND NATURAL GUARDIAN. RESPONDENT NOS.1 TO 8 ARE RESIDING AT MUDDANAHALLI VILLAGE NANDAGUDI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT. 9. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-43. 10. THE LIBERTY VIDEOCON GIC LTD. PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-25. 11. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD - 10 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS NAMAKKAL-637 001 TAMIL NADU. ...RESPONDENTS (BY SRI GOPAL KRISHNA N., ADVOCATE FOR R-1 TO R-8; R-3 IS MINOR REPRESENTED BY R-1; R-5 TO R-7 MINORS REPRESENTED BY R-4; SRI KUMARA, ADVOCATE FOR R-9; SRI O. MAHESH, ADVOCATE FOR R-10; R-11 SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018, PASSED IN MVC NO.1462 OF 2016, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.15,82,000/- WITH INTEREST AT 7.5% P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO.8524/2019 BETWEEN: SRI G. SANTHOSH GOWDA @ G. SANTHOSH S/O. V.A. GOVARDAN RAJU NOW AGED ABOUT 29 YEARS A PERSON INCAPABLE OF PROTECTING HIS INTEREST, IS REPRESENTED BY HIS NEXT FRIEND/FATHER SRI V.A. GOVARDAN RAJU S/O. B. ANJINAPPA AGED ABOUT 53 YEARS BOTH ARE RESIDING AT GOWDA'S MANSION HENNUR MAIN ROAD NEXT TO VIDYANIKETHAN SCHOOL GEDDALAHALLI - 11 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS KOTHANUR POST BENGALURU-77. ...APPELLANT (BY SRI GOPAL KRISHNA N., ADVOCATE) AND: 1. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR BY AGE RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043. 2. THE LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD. PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-560 025 REPRESENTED BY ITS MANAGER. 3. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU REPRESENTED BY MANAGING DIRECTOR. 4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010 REPRESENTED BY ITS MANAGER. ...RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2; SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-4; - 12 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS VIDE ORDER DATED 5-11-2024, NOTICE TO R-1 AND R-3 DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.6999 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.8552/2019 BETWEEN: 1. SMT. ANITHA W/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 28 YEARS. 2. KUM. ASHWINI D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 9 YEARS. 3. KUM. AMULYA D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 7 YEARS. 4. MASTER ABHISHEK S/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 6 YEARS 5. SMT. RAMAKKA W/O. LATE APPENNA NOW AGED ABOUT 68 YEARS APPELLANT NOS.2 TO 4 ARE MINORS REPRESENTED BY NATURAL GUARDIAN/ MOTHER, 1ST APPELLANT HEREIN ALL ARE RESIDING AT MUDDANAHALLI VILLAGE - 13 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS HOSKOTE TALUK BENGALURU RURAL DISTRICT. ...APPELLANTS (BY SRI GOPAL KRISHNA N., ADVOCATE) AND: 1. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR BY AGE RESIDING AT NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043. 2. THE LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD. PRESTIGE KADA, 3RD FLOOR UNIT 302, NO.202, RICHMOND ROAD BENGALURU-560 025 REPRESENTED BY ITS MANAGER. 3. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010 - 14 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS REPRESENTED BY ITS MANAGER. ...RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2; SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-4; VIDE ORDER DATED 9-1-2024, NOTICE TO R-1 AND R-3 DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.1461 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.467/2020 BETWEEN: 1. SMT. YARAMMA W/O. LATE MUNNEGOWDA AGED ABOUT 31 YEARS. 2. KUM. M. BHAVANI D/O. LATE MUNNEGOWDA AGED ABOUT 18 YEARS. 3. KUM. BHAVYA D/O. LATE MUNNEGOWDA NOW AGED ABOUT 16 YEARS. 4. SMT. VARALAKSHMI W/O. LATE MUNNEGOWDA AGED ABOUT 29 YEARS. 5. MASTER M. ANIL KUMAR S/O. LATE MUNNEGOWDA AGED ABOUT 14 YEARS. - 15 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 6. KUM. M. ARCHANA D/O. LATE MUNNEGOWDA AGED ABOUT 12 YEARS. 7. MASTER TARUN YADAV S/O. LATE MUNNEGOWDA AGED ABOUT 8 YEARS. 8. SMT. LAKSHMAMMA W/O. LATE. KRISHNAPPA AGED ABOUT 58 YEARS. APPELLANT NO.3 IS MINOR REPRESENTED BY NATURAL GUARDIAN/ MOTHER, 1ST APPELLANT HEREIN APPELLANT NOS.5 TO 7 ARE MINORS REPRESENTED BY NATURAL GUARDIAN/ MOTHER, 4TH APPELLANT HEREIN APPELLANT NOS.1 TO 8 ARE RESIDING AT MUDDANAHALLI VILLAGE NANDAGUDI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT. ...APPELLANTS (BY SRI GOPAL KRISHNA N., ADVOCATE) AND: 1. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR BY AGE RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043. 2. THE LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD. PRESTIGE KADA, 3RD FLOOR UNIT 302, NO.202 RICHMOND ROAD BENGALURU-560 025 - 16 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS REPRESENTED BY ITS MANAGER. 3. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LIMITED UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX 59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010 REPRESENTED BY ITS MANAGER. ...RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2; SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-4; VIDE ORDER DATED 18-9-2025 NOTICE TO R-1 AND R-3 DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.1462 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU SCCH-17, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 17 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) As these seven appeals are arising out of the common judgment and award of the Tribunal, they have been heard together and disposed off by this common judgment. 2. MFA No.10534/2018, MFA No.8524/2019, MFA No.8552/2019, MFA.No.467/2020 are filed by the claimants seeking for enhancement of compensation being aggrieved by the judgment and award dated 26.10.2018/03.10.2018 passed by the Tribunal in M.V.C.No.37/2016, MVC No.6999/2016, MVC No.1461/2016 and MVC No.1462/2016. 3. MFA No.1381/2019, MFA No.2415/2019, MFA No.2417/2019 and MFA No.2418/2019 are filed by the Insurance Companies challenging the judgment and award dated 26.10.2018/03.10.2018 passed by the Tribunal on the ground of liability and quantum. - 18 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 4. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunal. 5. The brief facts of each case are that :- IN MFA No.1381/2019 (INSURANCE APPEAL) AND MFA NO.10534/2018(CLAIMANTS APPEAL)(DEATH OF NAVEEN KUMAR) On 16.12.2015, deceased Naveenkumar, (hereinafter referred to as 'deceased') and his friends had been to Ganjikunte village near Shidlaghatta to attend a function in a Scorpio Car bearing Registration No.KA-50-N-9270, and while they were returning to Bengaluru, at around 8:30 p.m., when the car reached Peramachanahalli- Nayindrahalli gate, the driver of the Scorpio Car drove the same in rash and negligent manner and dashed against the tractor bearing registration No.CAW-2802, and due to this accident, deceased sustained multiple and grievous injuries all over his body and succumbed to the injuries on the spot. This led to registration of F.I.R. and investigation. Hence, the dependents of the deceased filed the claim petition under - 19 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS Section 166 of the Motor Vehicles Act, 1988, seeking compensation before the Tribunal. 6. Ms. Swathi G. Hedge, learned counsel representing Sri. Pavana Chandra Shetty, for the appellants/claimants, vehemently contended that at the time of the accident, deceased was aged 24 years and he was working as an employee of a Private Company and earning a monthly income of Rs.25,000/-, but the Tribunal has considered the income of the deceased at Rs.7,500/- per month, which is meager. Secondly, she contended that the Tribunal granted meager compensation on the conventional heads also and hence, she prayed to allow the appeal filed by the claimants. 7. Sri O. Mahesh, learned counsel appearing for respondent No.2-Insurance Company vehemently contended that the Tribunal ought to have seen that there was no compliance of mandatory provisions of Section 134 (c) of The Motor Vehicles Act, 1988 either by insured or of Section 158 (6) of M.V. Act both by the insured and concerned Investigating Officer and the Insurer was kept in darkness in - 20 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS respect of the alleged accident. He further submits that the judgment and award of the Tribunal is contrary to the law and material on record. He submits that the alleged driver of the tractor and the driver of the lorry were not made as parties before the Tribunal, who were proper and necessary parties to decide the issue on negligence. He further submits that when three vehicles were stated to have been involved in the accident, any finding against them would be opposed to the principles of natural justice. Thus the reasoning as well as finding of the Tribunal in paragraphs 24 to 26 to hold that the driver of the Scorpio alone was negligent is highly erroneous and improper considering the facts and circumstances of the claim and the material evidence placed on record. The Tribunal ought to have considered the materials rather than pleadings of the respective parties and should not have been carried away by the said pleadings alone on record. Further, the Tribunal, even otherwise, ought to have seen that the jurisdictional police after completion of the investigation, had laid charge-sheet against both the drivers of the Scorpio and lorry, which fact was not denied - 21 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS by the parties to the proceedings. The Tribunal, even otherwise, grossly erred in awarding compensation of Rs.11,34,000/- under the head of 'loss of dependency' by holding the income of deceased, who was a worker in a private concern, at Rs.7,500/- per month unilaterally in the absence of specific cogent and corroborative material evidence and further adding 40% future prospects in the absence of claimants' pleadings and evidence of employer of the deceased. Hence, he prayed to allow the Insurance appeal filed by him. 8. Heard the learned counsel for both parties and perused the judgment and award of the Tribunal. 9. There is no dispute regarding the death of the deceased, who died in the road traffic accident. The Insurance Company has taken the contention that there was negligence on the part of driver of the lorry and therefore, the liability should be fastened on the insurer of the lorry. After hearing the arguments of learned counsels on record, - 22 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS the following points would arise for our consideration in these appeals: i. Whether the Liberty Videocon General Insurance Company Limited proved that the accident dated 16.12.2015 occurred solely on account of negligence of the driver of the lorry? ii. Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement, or reduction? 10. Insofar as the negligence is concerned, the learned counsel for the Insurance Company contended that on the date of accident, the driver of the lorry bearing registration No.TN 28 AP 9510 was also negligent and thus, the accident occurred. 11. We have perused Ex.P1-F.I.R. and the same was registered against the driver of the Scorpio bearing Registration No.KA 50 N 9270, and also against the driver of the lorry bearing Registration No.TN 28 AP 9510. The perusal of the charge-sheet-Ex.P7 makes it clear that the - 23 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS Investigating Officer has filed charge-sheet only against the driver of the Scorpio and there was no charge-sheet filed against driver of the lorry. 12. We have perused Ex.P3-spot mahazar and Ex-P4- spot sketch, which clearly establishes that the driver of the Scorpio and the driver of the lorry were rash and negligent, and accordingly, the accident occurred due to their negligence. Hence, if we apply the principles of res ipso loquitor, it appears that the accident occurred due to sheer negligence of both drivers of the Scorpio and the lorry. Moreover, the driver of the lorry being a heavy vehicle would have applied brake. Hence, it is a fit case warranting exercise of this Court's power to interfere with the findings of the Tribunal and saddle liability on the offending vehicle also at 50% on the driver of the Scorpio and 50% on the driver of the lorry. Accordingly, the finding of the Tribunal with regard to contributory negligence is modified to that extent. 13. Insofar as quantum of compensation is concerned, the claimants have taken the contention that the Tribunal has - 24 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS taken the notional income of the deceased at Rs.7,500/- per month, which is on lower side. Accident is of the year 2015. The Tribunal has taken the income of deceased Naveen Kumar at Rs.7,500/- per month without any proof. No documentary evidence is placed on record with regard to income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the deceased at Rs.9,000/- per month. 14. The age of deceased Naveen Kumar, was 24 years. As per the dictum of the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680, 40% of the income must be added towards future prospects, which comes to Rs.3,600/- (9,000 X 40%) and the total income comes to Rs.12,600/- per month (9,000 + 3,600). The deceased died bachelor leaving behind his mother and father - 25 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS and as such, 50% of his income has to be deducted towards his personal expenses, which comes to Rs.6,300/-. [(12,600 x 50%). In view of the ratio laid down in the case of SMT. SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER reported in 2009 ACJ 1298, multiplier applicable to the age of the deceased is '18' as he was aged 24 years. Therefore, the compensation under the head 'loss of dependency' works out to Rs.13,60,800/- (6,300 X 12 x 18). 15. In the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130, the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case, stated supra, has discussed about granting compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are mother and father. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decision, the claimants - 26 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS are entitled to compensation of Rs.80,000/- (Rs.40,000/- each) towards ‘loss of consortium’. Further, a compensation of Rs.15,000/- is awarded towards 'funeral expenses' and Rs.15,000/- towards 'loss of estate'. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 13,60,800.00 Loss of consortium 80,000.00 Loss of estate 15,000.00 Funeral expenses 15,000.00 TOTAL 14,70,800.00 Less: Compensation awarded by the Tribunal 12,04,000.00 ENHANCED COMPENSATION 2,66,800.00 In M.F.A. Nos.2415/2019(INSURANCE APPEAL and MFA 8552/2019(CLAIMANTS APPEAL)(MVC 1461/2016) (DEATH OF RAJU @ RAJAPPA): 16. Sri. Gopala Krishna N, learned counsel for the appellants/claimants vehemently contended that at the time of the accident, deceased Raju @ Rajappa (hereinafter referred to as 'deceased') was aged 39 years and he was an - 27 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS Agriculturist and also working as a mason and earning monthly income of Rs.20,000/- p.m., but the Tribunal has considered the income of the deceased at Rs.9,000/- per month, which is meager. Secondly, the Tribunal granted meager compensation on conventional heads. Hence, he prayed to allow the claimants appeal. 17. Per-contra, Sri B. Pradeep, learned counsel for the Insurance Company vehemently contended that the Tribunal committed an error in fixing 50% negligence only against the driver of the lorry. Infact the driver of the Scorpio drove the vehicle in a rash and negligent manner and dashed against the tractor from behind and inturn, the driver of the tractor lost control over the vehicle and at the same time, as the driver of the lorry was also coming from opposite direction, it dashed against the tractor, as a result of which, the tractor turtled in the middle of the road. Thus, he contends that the entire negligence is on the part of driver of the Scorpio and the Tribunal ought to have fixed entire negligence against the driver of the Scorpio. Further, the Tribunal has granted - 28 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS high and exorbitant compensation under the conventional heads. The learned counsel further contended that the Tribunal awarded high and exorbitant interest at the rate of 7.5% and same has to be reduced to 6% p.a. Hence, he prayed to allow the Insurance appeal filed by him. 18. Heard the learned counsel for both parties and perused the judgment and award of the Tribunal. 19. There is no dispute regarding the death of the deceased, who died in the road traffic accident. The Insurance Company has taken the contention that there was negligence on the driver of the Scorpio and therefore, the liability has to be fastened on the Insurer of the Scorpio. After hearing the arguments of learned counsels on record, the following points arise for our consideration in these appeals: a. Whether the Cholamandalam MS GIC Limited Insurance Company Limited proved that accident occurred solely on account of negligence of the driver of the Scorpio? - 29 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS b. Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement, or reduction? 20. Insofar as the negligence is concerned, the learned counsel for the Insurance Company contended that on the date of accident, the driver of the Scorpio was also negligent and thus, the accident occurred. 21. We have already opined that both the driver of the lorry and the driver of the Scorpio have contributed negligence equally and therefore both the Insurance companies i.e., Cholamandalam M S GIC Limited and Libery Videocon General Insurance Company Limited are liable to pay compensation at 50% each to the claimants in the respective appeals. 22. Insofar as quantum of compensation is concerned, the claimants have taken contention that the Tribunal granted meager compensation. At the time of the accident, deceased was an Agriculturist and working as a mason, thus, - 30 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS the Tribunal taking the notional income of the deceased at Rs.9,000/- per month, in the absence of the proof of income and taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, the Tribunal assessed the notional income of the deceased at Rs.9,000/- p.m. which is fair and reasonable. 23. The age of deceased Raju @ Rajappa was 39 years, as on the date of the accident. The Tribunal has awarded compensation of Rs.17,01,000/- under the head 'loss of dependency' which is fair and reasonable and no interference is called for in that regard. 24. Further, the Tribunal committed an error in not awarding fair compensation under the conventional heads. In the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130, the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case stated supra, has discussed about granting the compensation - 31 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are wife, children and mother. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decision, the claimants are entitled to compensation of Rs.2,40,000/- (Rs.48,000/- each x 5) towards ‘loss of consortium’. Further, a compensation of Rs.18,000/- is awarded towards 'funeral expenses' and a compensation of Rs.18,000/- is awarded towards 'loss of estate' with 20% escalation, which is fair and reasonable. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 17,01,000.00 Loss of consortium 2,40,000.00 Loss of estate 18,000.00 Funeral expenses 18,000.00 TOTAL 19,77,000.00 Less: Compensation awarded by the Tribunal -17,71,000.00 ENHANCED COMPENSATION 2,06,000.00 - 32 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 25. Insofar as, rate of interest awarded by the Tribunal is concerned, the learned counsel for the Insurer vehemently contended that, the Tribunal awarded interest at the rate of 7.5% p.a., which is high and exorbitant one and the same has to be reduced to 6% p.a. The decision rendered by this Court in MFA No.5896/2018 C/w.MFA Nos.4444/2018 and 4659/2018 in the case of Ms.Joyeeta Bose and others vs. Venkateshan V and others, wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, it has been held that rate of interest shall not exceed 6% p.a. from the date of petition till the date of deposit. In the present cases also, the rate of interest is reduced to 6% p.a. instead of 7.5% p.a. awarded by the Tribunal. 26. Hence, the claimants are entitled to enhanced compensation of Rs.19,77,000/- as against Rs.17,71,000/- awarded by the Tribunal. - 33 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS In M.F.A. No.2418/2019(INSURANCE APPEAL) and MFA 467/2020(CLAIMANTS' APPEAL)(MVC 1462/2016)(DEATH OF MUNNEGOWDA): 27. Sri. Gopala Krishna N, learned counsel for the appellants/claimants vehemently contended that at the time of the accident, deceased Munnegowda (hereinafter referred to as 'deceased') was aged 41 years and he was as an Agriculturist and working as mason and earning monthly income of Rs.20,000/- p.m., but the Tribunal has considered the income of the deceased at Rs.9,000/- per month, which is meager. Secondly, the Tribunal granted meager compensation on conventional heads. Hence, he prayed to allow the appeal filed by the claimants. 28. Sri B. Pradeep, learned counsel for the Insurance Company vehemently contended that the Tribunal committed an error in fixing 50% negligence against the driver of the lorry. Infact the driver of the Scorpio drove the vehicle in rash and negligent manner and dashed against the tractor from behind, inturn, the driver of the tractor lost control over the vehicle and at the same time, the driver of the lorry - 34 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS which was coming from the opposite direction, dashed against the tractor, as a result, the tractor turtled in the middle of the road, thus, entire negligence is on the part of the driver of the Scorpio and the Tribunal ought to have fixed entire negligence against the driver of the Scorpio. Further, the Tribunal has granted high and exorbitant compensation under the conventional heads. The learned counsel further contended that the Tribunal awarded high and exorbitant interest at 7.5% and the same has to be reduced to 6% p.a. Hence, he prayed to allow the appeal filed by the Insurance company. 29. Heard the learned counsel for both parties and perused the judgment and award of the Tribunal. 30. There is no dispute regarding the death of the deceased, who died in the road traffic accident. The Insurance Company has taken the contention that there was negligence on the driver of the Scorpio and therefore, the liability should be fastened on the insurer of the Scorpio. After hearing the arguments of learned counsels on record, - 35 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS the following points arise for our consideration in these appeals: i. Whether the Cholamandalam MS GIC Limited Insurance Company Limited proved that accident occurred solely on account of negligence on the driver of the Scorpio? ii. Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement, or reduction? 31. Insofar as the negligence is concerned, the learned counsel for the Insurance Company contended that on the date of accident, the driver of the Scorpio was also negligent and hence, the accident occurred. 32. We have already opined that both the driver of the lorry and the driver of the Scorpio have contributed negligence equally and therefore both the Insurance companies are liable to pay compensation at 50% each to the claimants. - 36 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 33. Insofar as quantum of compensation is concerned, the Tribunal has considered the notional income of the deceased at Rs.9,000/- p.m., future prospects at 25%, multiplier at '14', deductions at 1/5th and granted compensation of Rs.15,12,000/- under the head 'loss of dependency' which is fair and reasonable. 34. The Tribunal committed an error in not awarding fair compensation under the conventional heads. In the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130, the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case stated supra, has discussed about granting the compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimant Nos.1 to 3 and claimant No.8 are the wife, children and mother of the deceased. Claimant No.4 is the second wife of the deceased and hence she is not entitled for compensation under the head 'loss of - 37 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS consortium', however, claimant Nos.5, 6 and 7 being the children of deceased and claimant No.4, they are entitled for compensation under the head 'loss of consortium'. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decision, the claimants are entitled to compensation of Rs.3,36,000/- (Rs.48,000/- each x 7) towards ‘loss of consortium’. Further, Rs.18,000/- is awarded towards 'funeral expenses' and Rs.18,000/- is awarded towards 'loss of estate' with 20% escalation, which is fair and reasonable one. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 15,12,000.00 Loss of consortium 3,36,000.00 Loss of estate 18,000.00 Funeral expenses 18,000.00 TOTAL 18,84,000.00 Less: Compensation awarded by the Tribunal -15,82,000.00 ENHANCED COMPENSATION 3,02,000.00 35. Insofar as, rate of interest awarded by the Tribunal is concerned, the learned counsel for the Insurer vehemently - 38 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS contended that, the Tribunal awarded interest at the rate of 7.5% p.a., which is high and exorbitant one and the same has to be reduced to 6%. The decision rendered by this Court in MFA No.5896/2018 C/w.MFA Nos.4444/2018 and 4659/2018 in the case of Ms.Joyeeta Bose and others vs. Venkateshan V and others wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, it has been held that rate of interest shall not exceed 6% p.a. from the date of petition till the date of deposit. In the present cases also, the rate of interest is reduced to 6% p.a. instead of 7.5% p.a. awarded by the Tribunal. 36. Hence, the claimants are entitled to enhanced compensation of Rs.18,84,000/- as against Rs.15,82,000/- awarded by the Tribunal. - 39 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS MFA No.2417/2019(INSURANCE APPEAL) and MFA No. 8524/2019(CLAIMANTS APPEAL) (MVC No.6999/2016(INJURED/CLAIMANT SANTHOSH GOWDA). 37. In this case, the claimant Santhosh Gowda has taken up the contention that at the time of accident, he was aged about 26 years and he was earning Rs.50,000/- p.m. by doing business. In the accident, he suffered permanent physical disability at 100%, but the Tribunal awarded very meager compensation. The Tribunal has not granted any compensation under the head 'loss of marriage prospects' and other conventional heads. 38. Sri. B. Pradeep, learned counsel for the Insurance Company contended that the Tribunal awarded high and exorbitant compensation under conventional heads and awarded interest at the rate of 7.5% p.a. and the same has to be reduced to 6% p.a. Thus, he prayed to dismiss the appeal filed by the claimants. 39. We have perused the material available on record. Having heard the learned counsel for the parties and the fact - 40 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS that we have arrived at a conclusion that the driver of the Scorpio and the driver of the lorry have equally contributed to the accident, the Insurer of the lorry and the Scorpio are held liable to pay the compensation to the claimants at 50% each. Thus, the only point that would arise for our consideration in both the appeals is:- "Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for any enhancement or reduction?" 40. In order to prove the claim of the claimant/injured, the claimant examined nine witnesses and Doctors as PW.1 to PW-9 and the Doctor-PW-5 has issued disability in respect of the claimant at 100%. Thus, the Tribunal considering the evidence of PW.4 Dr. Jamuna and PW-5 Dr. Praveen assessed the disability of the injured at 100% and the Tribunal at paras 43 and 44 of the Tribunal has held as follows:- 43. Issue-4 in MVC 6999/16: Petitioner stated that he suffered with disability due to accidental injuries and incurred considerable medical and incidental expenses and prays to award compensation. In this backdrop let us determine just and reasonable compensation under the following heads: - 41 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS Pain and Suffering: The Out patient records, neurological report. CT scan & report, inpatient records, wound certificate, discharge summary and photos produced at Ex.P36 to 39, 42 and 45 to 47 respectively show that the petitioner sustained injuries: ⅰ) Laceration over left ear pinna and left chest. ii) Abrasion over left ear. iii) Bilateral black eye iv) Head injury-imaging revealed left temporo parietal extra dural Hematoma with frontal contusions frontal linear fracture. As per medical records first three injuries are simple in nature and fourth injury is grievous in nature. He took treatment as inpatient for 68 days from 16.12.2015 to 24.02.2016. Diagnosis is left temporo parietal EDH with frontal contusions left temporoparietal EDH with FT linear fracture. There was severe swelling of brain and brain was non pulsatile. There was diffuse ooze from temporal base. He underwent emergency left FTP decompressive craniotomy on 16.12.15. He underwent second surgery on 8.2.16 right programmable VP shunt with Titanium Mesh Cranioplasty. Decompressive Craniotomy means removal of skull bone flap to treat for brain swelling. VP Shunt surgery was done to drain out excess fluid in the brain. He is on regular medication. 44. Injured suffered severe head injury with left temporo parietal extra dural Hematoma with frontal contusions and frontal linear fracture. He becomes disabled to perform his daily routine activities of life and total loss of enjoyment of life. Dr. Jamuna (Pw.4) stated that, patient is not able to walk or sit without support. He is wheel chair bound. Speech is absent. He could not follow even simple instructions. He is dependent on others for all his activities of daily living. Dr.Praveen (Pw.5) stated that, patient is mute, completely dependent for all activities including transfers, hygiene, feeding, and toilet needs and wheel chair ambulation. He is on gastrostomy feeds mostly with minimal liquids through the mouth. Has - 42 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS spasticity of all four limbs with right sided weakness. He is movable only on wheel chair. 41. Therefore, considering the nature of the injuries suffered by the claimant, the Tribunal assessed the total disability of the injured/claimant at 100%, which is a fair and reasonable one. The Tribunal considered the notional income of the injured/claimant at Rs.9,000/- p.m. in the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, which is fair and reasonable. 42. However, the Tribunal has not granted any future prospects. As on the date of the accident, the claimant was aged about 26 years. In view of the ratio laid down in the case of SMT. SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER reported in 2009 ACJ 1298, and in Pranay Sethi's case referred supra, the multiplier applicable to the age group of the claimant/injured is '17' and 40% of his income is to be added - 43 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS towards future prospects. Thus the 'loss of future earning capacity' is re-assessed as under:- Rs.9,000+40% (Rs.3,600) =Rs.12,600 x 12 x 17 x 100%= Rs.25,70,400/- 43. Insofar as conventional heads are concerned, the appellant-claimant suffered laceration over left ear pinna and left chest, abrasion over left ear, bilateral black eye and head injury imaging revealed left tempero parietal extra dural hematoma with frontal contusion, frontal linear fracture. As per the wound certificate, injuries Nos.1 to 3 are simple in nature and injury No.4 is grievous in nature. The Tribunal has awarded a compensation of Rs.3.00 lakh towards 'pain and suffering' which is high and exorbitant and hence we are reducing it to Rs.1.00 lakhs. The Tribunal has awarded a compensation of Rs.4,08,000/- towards 'attendant charges, extra food and conveyance expenses' which is high and exorbitant and hence we are reducing it to Rs.1.00 lakh. Further, the Tribunal has awarded a compensation of Rs.2.00 lakh towards 'loss of future amenities and happiness' - 44 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS which is also high and exorbitant and hence we are reducing it to Rs.1.00 lakhs. However, the compensation of Rs.16,25,410/- awarded towards 'medical expenses' and compensation of Rs.1,00,000/- awarded towards 'future medical expenses' are fair and reasonable and hence, no interference is called for. Thus, the claimant is entitled for the following compensation: HEADS Rs. Future earning capacity 25,70,400.00 Towards pain and suffering 1,00,000.00 Towards attendant charges, extra food and conveyance expenses 1,00,000.00 Towards medical expenses 16,25,410.00 Loss of future amenities and happiness 1,00,000.00 Towards future medical expenses 1,00,000.00 TOTAL 45,95,810.00 Less: Compensation awarded by the Tribunal -44,69,410.00 ENHANCED COMPENSATION 1,26,400.00 44. Insofar as, rate of interest awarded by the Tribunal is concerned, the learned counsel for the Insurer vehemently contended that, the Tribunal awarded interest at the rate of Page No.44 Retyped and Replaced vide Chambers Order dated 26-12-2025. - 45 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS 7.5% p.a., which is high and exorbitant one and same has to be reduced to 6%. The decision rendered by this Court in MFA No.5896/2018 C/w.MFA Nos.4444/2018 and 4659/2018 in the case of Ms.Joyeeta Bose and others vs. Venkateshan V and others, wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, it has been held that rate of interest shall not exceed 6% p.a. from the date of petition till the date of deposit. In the present cases also, the rate of interest is reduced to 6% p.a. instead of 7.5% p.a. awarded by the Tribunal. 45. Hence, the claimant/injured is entitled to enhanced compensation of *Rs.45,95,810/- as against Rs.44,69,410/- awarded by the Tribunal. Accordingly, we pass the following; O R D E R i. MFA No.10534/2018 filed by the claimants is partly allowed. * Corrected vide Chambers Order dated 26/12/2025. - 46 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS ii. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled to enhanced compensation of Rs.14,70,800/- as against Rs.12,04,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. iii. MFA No.1381/2019 filed by the Insurance Company is hereby dismissed. iv. The Insurance Company is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment. v. MFA No.8552/2019 filed by the claimants is partly allowed. vi. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled to enhanced compensation of Rs.19,77,000/- as against Rs.17,71,000/- awarded - 47 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS by the Tribunal with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. vii. MFA No.2415/2019 filed by the Insurance Company is partly allowed and the rate of interest awarded by the Tribunal at the rate of 7.5% p.a. is reduced to 6% p.a. from the date of filing the claim petition till the date of realization. viii. The Insurance Company is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment. ix. MFA No.467/2020 filed by the claimants is partly allowed. x. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled to enhanced compensation of Rs.18,84,000/- as against Rs.15,82,000/- awarded by the Tribunal with interest at the rate of 6% per - 48 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS annum from the date of filing the claim petition till the date of realisation. xi. MFA No.2418/2019 filed by the Insurance Company is partly allowed and the rate of interest awarded by the Tribunal at the rate of 7.5% p.a. is reduced to 6% p.a. from the date of filing the claim petition till the date of realization. xii. The Insurance Company is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment. xiii. MFA No.8524/2019 filed by the claimant/injured is partly allowed. xiv. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimant/injured is entitled to enhanced compensation of *Rs.45,95,810/- as against Rs.44,69,410/- awarded by the Tribunal with interest * Corrected vide Chambers Order dated 26/12/2025. - 49 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. xv. MFA No.2417/2019 filed by the Insurance Company is partly allowed and the rate of interest awarded by the Tribunal at the rate of 7.5.% p.a. is reduced to 6% p.a. from the date of filing the claim petition till the date of realization. xvi. The Insurance Company is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment. xvii. Apportionment, disbursement, and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. xviii. The amount in deposit, if any, shall be transmitted to the Tribunal, forthwith. xix. Draw modified awards accordingly. xx. No order as to costs. - 50 - HC-KAR NC: 2025:KHC:39382-DB MFA No. 10534 of 2018 C/W MFA No. 1381 of 2019 MFA No. 2415 of 2019 AND 5 OTHERS xxi. Registry is directed to send a copy of this judgment along with its records to the Tribunal, forthwith. xxii. In view of the disposal of the appeals, pending interlocutory applications, if any, stand disposed off. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 6