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High Court of Karnataka · body

2025 DAILYLAW 76137 (KAR)

NATIONAL INSURANCE CO. LTD v. SMT. ZEENATH

MFA/5135/2022 · 2025-09-18

D K Singh, Venkatesh Naik T

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 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. 5135 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 203 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 204 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 3370 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 3416 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5128 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5136 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5150 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5154 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5156 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5160 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5165 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5526 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5531 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5532 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5537 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5540 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5541 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5542 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5547 OF 2022 (MV-I) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS IN MFA No. 5135/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX, RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2nd FLOOR, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-01. …APPELLANT (BY SRI A. N. KRISHNA SWAMY, ADVOCATE) AND: 1. SMT. ZEENATH W/O. P.H. MOHAMMED AGED ABOUT 39 YEARS. 2. P.H. MOHAMED S/O. HASANABBA AGED ABOUT 47 YEARS BOTH ARE RESIDENT OF NO. 4-4, KANEKERE HOUSE, BELMA, BELMA VILLAGE, MANGALORE, D.K DISTRICT - 574 160. ALSO AT: SUITA RESIDENCE, GREEN GROUND, DAREALKATTE, MANGALORE. 3. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD - 3 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL- 575 018. 4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY, MAJOR, RESIDENT OF GURU KRIPA, GANADAPADAV, JODUMARGA (P), NEAR NARAYANA GURU MANDIR, BANTWAL, BANTWAL TALUK - 575 018. …RESPONDENTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU., ADVOCATES FOR R-1 & R-2; SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA, ADVOCATES FOR R-3 & R-4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1206/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, AWARDING COMPENSATION OF RS. 1,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 203/2022 BETWEEN: 1. SRI MOHAMMED IQBAL AGED ABOUT 40 YEARS S/O. B. MUHAMMED. 2. MOHAMED ISHAN AGED ABOUT 11 YEARS S/O. MOHAMED IQBAL APPELLANTS NO.2 IS MONOR, REPRESENTED BY MINOR GUARDIAN /FATHER MOHAMMED IQBAL, APPELLANT NO.1 - 4 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS APPELLANTS NO.1 AND 2 ARE RESIDING AT NO.2-43 GREEN GROUND HOUSE DERALAKATTE POST BLEMA, MANGALORE DAKSHINA KANNADA DISTRICT - 575 001. ...APPELLANTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU., ADVOCATES) AND: 1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD, BANTWAL DAKSHINA KANNADA DISTRICT - 574 211. 2. MRS. MALATHI SANJEEVA POOJARY MAJOR W/O. SANJEEVA POOJARY RESIDING AT "GURU KRIPA" GANADAPADAV JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNDA DISTRICT - 574 211. 3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE MYSURU - 570 005. ...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 & R-2; SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3;) - 5 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO. 1212 OF 2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 204/2022 BETWEEN: SRI MUHAMMED IQBAL AGED ABOUT 40 YEARS S/O. B. MUHAMMED RESIDING AT CHALLIANKA POST NO. 3-55, BELMA, GREEN GROUND DERALAKATTE POST MANGALURU DAKSHINA KANNADA DISTRICT - 575 001. ...APPELLANT (BY SRI LOKESH D.K., FOR SRI P. NATARAJU, ADVOCATE) AND: 1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD, BANTWAL, DAKSHINA KANNADA DISTRICT - 574 211. 2. MRS. MALATHI SANJEEVA POOJARY, MAJOR, W/O. SANJEEVA POOJARY RESIDING AT GURU KRIPA GANADAPADAV - 6 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNADA DISTRICT - 574 211. 3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE MYSURU - 570 005. ...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 & R-2; SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 IN MVC NO.1211/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3370/2022 BETWEEN: 1. SMT. ZEENATH W/O. P.H. MOHAMMED AGED ABOUT 39 YEARS 2. P.H. MOHAMMED S/O. HASANABBA AGED ABOUT 47 YEARS APPELLANTS NO. 1 AND 2 ARE RESIDING AT NO.4-4 KANEKERE HOUSE, BELMA, BELMA VILLAGE, MANGALORE, DAKSHINA KANNADA DISTRICT - 574 161. - 7 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS AND ALSO RESIDING AT SUITA RESIDENCE GREEN GROUND DERALAKATTE VILLAGE, MANGALORE DAKSHINA KANNADA DISTRICT - 575 001. ...APPELLANTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU, ADVOCATES) AND: 1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C.ROAD, BANTWAL DAKSHINA KANNADA DISTRICT - 574 211. 2. MRS. MALATHI SANJEEVA POOJARY MAJOR, W/O. SANJEEVA POOJARY RESIDING AT "GURU KRIPA" GANADAPADAV JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNADA DISTRICT - 574 211. 3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX, RAMASWAMY CIRCLE, MYSURU - 570 005. ...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 & R-2; SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3) - 8 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1206/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3416/2022 BETWEEN: 1. SRI MOHAMED ASHRAF AGED ABOUT 45 YEARS S/O. LATE ABDUL REHAMAN 2. SMT. ZOHAR AGED ABOUT 53 YEARS W/O. LATE MOHAMMED ALI D/O. LATE ABDUL REHAMAN 3. SMT. ZAINABA AGED ABOUT 48 YEARS W/O. MOHAMED D/O. LATE ABDUL REHAMAN 4. SMT. ASMA AGED ABOUT 46 YEARS W/O. T.K. AHMED D/O. LATE ABDUL REHAMAN APPELLANTS NO.1 TO 4 ARE RESIDING AT ASIYAMMA MANZIL NO.3-317, THIBLE PADAVU HOUSE POST ASAIGOLI, KONAJE MANGALORE DAKSHINA KANNADA DISTRICT - 575 001. ...APPELLANTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU., ADVOCATES) - 9 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS AND: 1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C.ROAD, BANTWAL DAKSHINA KANNADA DISTRICT - 574 211. 2. MRS. MALATHI SANJEEVA POOJARY MAJOR W/O. SANJEEVA POOJARY RESIDING AT GURU KRIPA GANDAPADAV JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNADA DISTRICT - 574 211. 3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE MYSURU - 570 005. ...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 & R-2; SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2019 IN MVC NO.1205/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 10 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS IN MFA NO. 5128/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 560 001. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY, ADVOCATE) AND: 1. MOHAMMED IQBAL S/O. B. MUHAMMED AGED ABOUT 40 YEARS RESIDENT OF CHALLIANKA POST NO.3-55, BELMA GREEN GROUND, DERALAKATTE POST, MANGALURU, D. K. - 575 008. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDING OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD BANTWAL - 575 018. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEARS NARAYANA GURU MANDIR BANTWAL, - 11 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS BANTWAL TALUK- 575 018. ...RESPONDENTS (R1 IS SERVED BUT UNREPRESENTED; BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1211/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5136/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU-560 001. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY, ADVOCATE) AND: 1. MOHAMMED IQBAL S/O. B. MOHAMMED AGED ABOUT 40 YEARS 2. MOHAMED ISHAN S/O. MOHAMMED IQBAL AGED ABOUT 11 YEARS SINCE MINOR, REPRESENTED BY - 12 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS NEXT FRIEND/FATHER MOHAMMED IQBAL BOTH ARE RESIDING OF NO.2-43 GREEN GROUND HOUSE DERALAKATTE POST, BELMA MANGALORE D.K. DISTRICT-575 008. 3. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C. ROAD BANTWAL - 575 018. 4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDING OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL BANTWAL TALUK - 575 018. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1 & R-2; (R-2 MINOR REPRESENTED BY R-1) R-3 & R-4 ARE SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO. 1212/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, AWARDING COMPENSATION OF RS. 8,86,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. - 13 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS IN MFA NO. 5150/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BANGALORE-01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. K. MOHAMMED S/O. SEEDIABBA AGED ABOUT 59 YEARS 2. SMT. SAFIA W/O. K. MOHAMED AGED ABOUT 52 YEARS BOTH ARE RESIDENT OF NO.7-156-4, PAKKALADKA BAJAL POST, NEAR SHAFI CLINIC PADIL, D.K DISTRICT-574 160 MANGALORE. ALSO AT SUITA RESIDENCE GREEN GROUND, DAREALKATTE MANGALORE. 3. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD - 14 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS BANTWAL-575 018. 4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDENT OF GURU KRIPA GANDAPADAV, JODUMARA(P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TQ-575 018. ...RESPONDENTS (R-1 & R-2 ARE SERVED BUT UNREPRESENTED (R-2 MINOR REPRESENTED BY R-1) BY SRI MADHU KUMAR H.M. FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-3 & R-4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1210/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MEMBER, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.6,78,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5154/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) - 15 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS AND: 1. SMT. AFSA W/O. LATE AMEER @ AMEER KHAN AGED ABOUT 45 YEARS 2. MOHAMMED ARIFF S/O. LATE AMEER @ AMEER KHAN AGED ABOUT 26 YEARS 3. SMT. ISAMMA W/O. LATE HASSAN SAB AGED ABOUT 67 YEARS ALL ARE RESIDING OF DERALAKATTE VILLAGE MANGALORE D.K. 4. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDING OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C. ROAD BANTWAL-575 018. 5. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDING OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TQ - 575 018. ...RESPONDENTS (VIDE ORDER DATED 19-04-2024 NOTICE TO R-4 IS HELD SUFFICIENT; R-5 IS SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN - 16 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS MVC NO.1214/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.7,90,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF DEPOSIT. IN MFA NO. 5156/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU-01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. SMT. ZEENATH W/O. P. H. MOHAMED AGED ABOUT 39 YEARS 2. P. H. MOHAMED S/O. HASANABBA AGED ABOUT 47 YEARS BOTH ARE RESIDENT OF NO.4-4 KANEKERE HOUSE, BELMA BELMA VILLAGE MANGALORE, D.K-574 160 ALSO AT SUITA RESIDENCE GREEN GROUND, DARALAKATTE MANGALORE-575 008. 3. N. SHESHAPPA GOWDA - 17 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD BANTWAL-575 008. 4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAVU JODUMARGA(P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWL TALUK - 575 008. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1 & R-2; SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-3 & R-4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1215/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5160/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESITGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR, SHUBHRAM COMPLEX M.G. ROAD, - 18 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS BENGALURU-01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. MOHAMED ASHRAF S/O. LATE ABDUL REHAMAN AGED ABOUT 45 YEARS 2. SMT. ZOHAR W/O. LATE MOHAMMED ALI D/O. LATE ABDUL REHAMAN AGED ABOUT 53 YEARS 3. SMT. ZAINABA W/O. MOHAMED AGED ABOUT 48 YEARS D/O. LATE ABDUL REHAMAN 4. ASMA W/O. T. K. AHMED D/O. LATE ABDUL REHAMAN AGED ABOUT 46 YEARS ALL ARE RESIDING AT ASIYAMMA MANZIL 3-317, THIBLE PADAVU HOUSE POST ASAIGOLI, KONAJE MANGALURU, D.K - 575 008. 5. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD BANTWA - 575 018. 6. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA - 19 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK - 575 018. ...RESPONDENTS (R-1 TO R-4 & R-6 ARE SERVED BUT UNREPRESENTED; VIDE ORDER DATED 19-04-2024 NOTICE TO R-5 IS HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1205/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,90,800/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5165/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. SMT. BUSHRA W/O. RAMEEZ, AGED ABOUT 32 YEARS RESIDENT OF SUHAIFA GREEN GROUND HOUSE DERALAKATTE POST, BALMA MANGALORE, D.K. - 20 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 2. RAZIYA W/O. HAMEED AGED ABOUT 37 YEARS 3. ZEENATH W/O.P.H. MOHAMED AGED ABOUT 36 YEARS 4. MOHAMED ASIF S/O. LATE HAMEED AGED ABOUT 33 YEARS ALL ARE RESIDENT OF SUHAIFA GREEN GROUND HOUSE DERALAKATTE POST, BELMA MANGALORE, D K - 575 008. 5. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B C ROAD BANTWAL - 575 018. 6. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK - 575 018. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P NATARAJU, ADVOCATE FOR R-1; R-6 IS SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN - 21 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS MVC NO.1213/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.2,55,600/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5526/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR, SHUBARAM COMPLEX M.G. ROAD, BENGALURU-01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. SMT. ZEENATH W/O. P.H. MAHAMED AGED ABOUT 39 YEARS RESIDENT OF DARALAKATTE BELMA VILLAGE MANGALURU, D.K. - 574 160. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C. ROAD BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) - 22 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK-574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.609/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.3,19,968/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5531/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU-01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. SMT. BUSHRA W/O. RAMEEZ AGED ABOUT 30 YEARS RESIDENT OF 'SUHAIFA' DARALAKATTE, BELMA VILLAGE MANGALURU-574 160. - 23 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDING OF GURU KRIPA, GANADAPADAV JODUMARGA (P), NEAR NARAYANA GURU MANDIR, BANTWAL - 574 211 BANTWAL TALUK. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.612/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, THE AWARDING COMPENSATION OF RS.2,23,217/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5532/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR - 24 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. AFREED S/O. ABUBAKAR AGED ABOUT 23 YEARS RESIDING OF NO.214, 9TH BLOCK KATTIPALLA POST MANGALORE TALUK - 574 160. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B. C. ROAD, BANTWAL-574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA, GANADAPADAV JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK - 574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1208/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.2,40,026/- WITH - 25 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5537/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. SMT. RAZIA W/O. HAMEED AGED ABOUT 32 YEARS RESIDING OF NO. 3-154/2 FARINGIPETE HOUSE FARINGIPETE POST FARINGIPETE, BANTWAL - 574 211. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) - 26 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; R-2 & R-3 ARE SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1207/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.2,56,985/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5540/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. P. H. MAHMED S/O. HASANABBA AGED ABOUT 47 YEARS RESIDENT OF DARALAKATTE VILLAGE MANGALORE - 574 160. - 27 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B. C. ROAD, BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA, GANADAPADAV JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.82/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,33,788/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5541/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX - 28 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS M.G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. MOHAMED ARIF S/O. AMEER AGED ABOUT 26 YEARS RESIDENT OF NO. 2-43 BELMA, DARALAKATTE NITHYANANDANAGAR MANGALURU, D.K - 574 160. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY WIFE OF SANJEEVA POOJARY MAJOR, RESIDING OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL-574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; R-2 & R-3 ARE SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.610/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PERIYAPATNA, THE AWARDING COMPENSATION OF RS.1,74,678/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. - 29 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS IN MFA NO. 5542/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. ISMAIL @ ISMAIL HAFEEZ S/O. HAMEED AND SMT. RAZIA AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HIS NEXT FRIEND / MOTHER SMT. RAZIA W/O. HAMEED BOTH RESIDING AT NO.3-154/2 FARANGIPETE HOUSE FARANGIPETE POST, PUDU BANTWAL, DAKSHINA KANNADA - 574 211. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRRIERS GANADA, PADPU B. C. ROAD, BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) - 30 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO. 613/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS. 3,58,805/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5547/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01. ...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE) AND: 1. MOHAMMED IQBAL S/O. B. MOHAMED AGED ABOUT 40 YEARS RESIDING AT CHALLEEDKA HOUSE DARALAKATTE POST - 31 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS MANGALORE, D.K. - 574 160. 2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDEMT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B. C. ROAD, BANTWAL - 574 211. 3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1; R-2 & R-3 ARE SERVED BUT UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.616/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS. 2,51,389/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE MISCELLANEOUS FIRST APPEALS, 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 - 32 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) As these appeals are arising out of common judgment and award of the Tribunal, they are heard together and disposed off by this common judgment. 2. Miscellaneous First Appeal Nos.5135 of 2022, 5128 of 2022, 5136 of 2022, 5150 of 2022, 5154 of 2022, 5156 of 2022, 5160 of 2022, 5165 of 2022, 5526 of 2022, 5531 of 2022, 5532 of 2022, 5537 of 2022, 5540 of 2022, 5541 of 2022, 5542 of 2022 and 5547 of 2022 are filed by the Insurance Company seeking reduction of the compensation awarded by the Tribunal on the ground of negligence, liability and quantum of compensation awarded by the Tribunal, whereas, Miscellaneous First Appeal Nos.203 of 2022, 204 of 2022, 3370 of 2022 and 3416 of 2022 are filed by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC Nos.1205 of 2015, 1206 of 2015, 1207 of 2015, 1208 of 2015, 1210 of 2015, 1211 of 2015, 1212 of 2015, 1213 of 2015, 1214 of 2015, 1215 of 2015, 609 of 2015, 610 of 2015, 612 of 2015, 613 of 2015, 616 of 2015 and - 33 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 82 of 2015 by learned Senior Civil Judge and JMFC and MACT, Periyapatna, dated 31.12.2019, whereby, the Tribunal awarded compensation to the claimants as per the tabular column mentioned hereinbelow with interest at the rate of 6% per annum, the details of which are as under: Sl. No. MFA MVC Amount Appeal by 1. 3416/2022(D) 5160/2022(D) 1205/2015 1,90,800/- By claimants Insurance Company 2. 5135/2022(D) 3370/2022(D- MINOR) 1206/2015 1,80,000/- Insurance Company By claimants 3. 5537/2022(I) 1207/2015 2,56,985/- Insurance Company 4. 5532/2022(I) 1208/2015 2,40,026/- Insurance Company 5. 5150/2022(D) 1210/2015 6,78,000/- Insurance Company 6. 204/2022(D- MINOR) 5128/2022(D) 1211/2015 1,80,000/- By claimants Insurance Company 7. 203/2022(D), 5136/2022(D) 1212/2015 8,86,000/- By claimants Insurance Company 8. 5165/2022(D) 1213/2015 2,55,600/- Insurance Company 9. 5154/2022(D) 1214/2015 7,90,000/- Insurance Company - 34 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 10. 5156/2022(D) 1215/2015 1,80,000/- Insurance Company 11. 5526/2022(I) 609/2015 3,19,968/- Insurance Company 12. 5541/2022(I) 610/2015 1,74,678/- Insurance Company 13. 5531/2022(I) 612/2015 2,23,217/- Insurance Company 14. 5542/2022(I) 613/2015 3,58,805/- Insurance Company 15. 5547/2022(I) 616/2015 2,51,389/- Insurance Company 16. 5540/2022(I) 82/2015 1,33,788/- Insurance Company 3. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunal. 4. The brief facts of the case are that:- On 14.05.2014, at about 5.00 a.m., near Kadubasappa temple of Kamalapura village, on B.M. Road, Periyapatna Taluk, Mangaluru, while Smt. Asiyamma, Mohammed Mustafa, Zunaid, Smt. Rukiya, Safida, Mohammed Ishan, Smt. Fouzia, Ameer @ Ameer Khan and others were traveling in Tempo Traveller bearing registration No.KA-19 AA 2343 towards Mangaluru, at the same time, the driver of the lorry bearing registration No.KA 19 D 4617 came in rash and negligent manner and dashed against the Tempo Traveller and caused the accident. - 35 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS As a result, the aforesaid inmates and others of the Tempo Traveller sustained severe injuries. Smt. Asiyamma, Mohammed Mustafa, Zunaid, Smt. Rukiya, Safida, Mohammed Ishan, Smt. Fouzia, Ameer @ Ameer Khan died due to the accidental injuries. Thus, this led to registration of FIR and investigation. Hence, the claimants filed claim petitions under Section 166 of Motor Vehicles Act, 1988 seeking compensation before the Tribunal. The Tribunal allowed the claim petitions in- part and granted compensation as stated in the above tabular column. 5. Being aggrieved by the award passed by the Tribunal, the claimants and the Insurance Company preferred the above appeals. In MFA No.3370/2022 and MFA 5135/2022 (MVC.No.1206/2015-deceased Mohammed Mustafa, Minor aged 1 ½ years) & MFA 204/2022 and MFA 5128/2022 (MVC.No.1211/2015-deceased-Mohammed Ishan, Minor aged about 6 years). 6. Sri. P. Nataraju, learned counsel for the claimants vehemently contended that the Tribunal awarded meager compensation for the death of deceased Mohammed Ishan, - 36 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS aged 6 years and Mohammed Mustafa, aged 1½ years. On account of untimely death, the claimants have undergone shock and mental agony, they have lost love and affection of their sons, but, the Tribunal awarded a compensation of Rs.1,80,000/- respectively, as global compensation, in both the petitions, which is grossly inadequate. 7. Sri. A.N. Krishna Swamy, learned counsel for Insurance Company vehemently contended that, the Tribunal was required to take note of the provision of Section 141(1) of M.V. Act, as the Insurer of the lorry had taken up specific defence to the effect that the licence held by the driver of the lorry was not valid and subsisting, as such, in any event, the driver of the lorry cannot be considered as a duly licensed person to drive the lorry, which was carrying hazardous goods. Secondly, the Tribunal failed to notice that the Insurer is not required to pay any compensation as it has established a defence under Section 149(2) of M. V. Act. In spite of the specific defence taken by the Insurance Company, the Tribunal has passed the impugned award as per Section 168 of M.V. Act., of pay and recovery; thus, the Tribunal exceeded its - 37 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS jurisdiction in passing the order of pay and recovery. Further, the Tribunal awarded high and exorbitant compensation under all heads. Thus, he prayed to allow the appeals filed by the Insurance Company and dismiss the appeals filed by the claimants. 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 two minors, viz., Mohammed Ishan, aged 6 years and Mohammed Mustafa, aged 1½ years, who died in the road traffic accident. The Insurance Company has taken the contention that, the driver of the lorry did not possess valid and effective license to drive the hazardous vehicle and therefore, the liability has to be fastened on the owner and driver of the offending lorry. Hence, the following points arise for our consideration in these appeals: i. Whether the Insurance Company proved that the driver of the lorry did not possess valid and effective driving licence to drive the lorry, as such, the Insurance Company is not liable to pay any compensation? - 38 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS ii. Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement, or reduction? 10. In the instant appeals, the Insurance Company has not disputed the accident, cause of death of Mohammed Ishan, aged 6 years and Mohammed Mustafa, aged 1½ years and other injured persons, who met with an accident on 14.05.2014, at 5.00 a.m., on B.M. Public Road, Kamalapura village, Periyapatna Taluk, while, deceased Smt. Asiyamma, Mohammed Mustafa, Zunaid, Smt. Rukiya, Safida, Mohammed Ishan, Smt. Fouzia, Ameer @ Ameer Khan and others were traveling in Tempo Traveller towards Mangaluru, and at the same time, the driver of the offending lorry came from opposite direction and dashed to the Tempo Traveller. As per the charge sheet, the driver of the lorry was negligent, which resulted in the accident and hence, the Tribunal held that the driver of the offending lorry was negligent and therefore, the insurer of the offending lorry is liable to pay the compensation. 11. We have perused the spot panchanama Ex-P4 and Vehicle seizure report Ex-P3, which discloses that, the Investigating officer seized the tanker lorry. A tanker lorry, or - 39 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS tanker truck, is a motor vehicle with a cylindrical tank designed to transport large quantities of liquefied or dry bulk cargo. These vehicles are used for transportation/storage of liquids like oil, fuel, water, and chemicals, as well as gases and dry bulk, such as cement. They are often large and may have features like insulation or pressurization for specific loads. 12. Admittedly, neither the claimant nor the Insurance Company has furnished the driving license of driver of the offending lorry. This indicates that the driver of the offending vehicle did not possess a valid driving license at the time of the accident. Thus, due to the failure of the owner and driver of the offending vehicle to appear before the Court, the Insurer is not liable to pay the compensation. However, a direction has to be issued to the Insurance Company to pay compensation amount to the claimants at the first instance and thereafter recover the same from the owner and driver of the offending vehicle. 13. The Hon'ble Apex Court in the case of Parminder Singh V. New India Assurance Co. Ltd., and Others reported in AIR 2019 SC 3128, held that, if the driver does not possess - 40 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS valid driving license, the principle of pay and recover can be ordered to direct the Insurance Company to pay the claimants and then the Insurance company is entitled to recover the amount from the owners and drivers of the two offending vehicles. Accordingly, the Tribunal considering the ratio laid down in the decision cited supra, saddled liability on the Insurance Company to pay the compensation amount to the claimants at the first instance and later recover the same from the owner and driver of the offending vehicle. 14. The "pay and recover" principle, established under the Indian Motor Vehicles Act, 1988, mandates that the insurance company shall first pay the compensation amount to the victim of a motor accident, even in cases where there is breach of policy conditions (e.g., driver's invalid license) thereafter, upon satisfying the award in favour of the third- party claimant, the insurer is entitled to recover the paid amount from the owner and driver of the offending vehicle. This principle prioritizes the compensation for third- party victims, ensuring they are protected from the - 41 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS consequences of the insured's non-compliance with the policy conditions. 15. The primary goal is to ensure that third-party victims receive compensation promptly, without being held responsible for the owner's or driver's policy violations. The insurance company is obliged to pay the compensation to the third-party claimant first. After paying the victim, the insurer can then take steps to recover the money from the vehicle owner or policyholder if the policy terms were breached. This principle is applied in cases where there are violations of the policy, such as: A driver without a valid license. Thus, the finding of the Tribunal with regard to applying "pay and recovery" principle is well founded. Hence, no interference is called for in this regard. 16. Insofar as, quantum of compensation awarded by the Tribunal in the above appeals is concerned, the claimants have taken the contention that the Tribunal has awarded a compensation of Rs.1,80,000/- as global compensation on account of death of the deceased, who were aged about 6 years and 1½ years. - 42 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 17. The primary issue for consideration by this Court is whether there exists a scope for enhancement of compensation in the case of death of a minor son below the age of 15 years. In these cases, the appellants being the parents have lost two minor children aged 6 years and 1½ years in a motor vehicle accident. 18. In the case of a minor's death in an accident, the legal heirs can file a claim petition for compensation under the Motor Vehicles Act. The Courts typically award compensation based on factors like the child's age, financial status of the family, emotional and financial loss to the parents, which can be enhanced by High Courts based on factors like loss of future prospects. Compensation aims to cover emotional shock, mental distress, and loss of a child's future dependency. The Karnataka High Court has laid down guidelines for calculating compensation for the death of a minor, emphasizing both financial and emotional losses. The Court noted that the parents often rely on their children for support in their old age and the loss of a minor child disrupts this expectation. - 43 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 19. However, the Tribunal held that the said minor child was not an earning member as on the date of the accident and as such on his death, the claimants-appellants were not entitled to any compensation whatsoever under Section 166 of the Motor Vehicles Act. Further, the Tribunal has held that in case of death of a minor child in a motor accident, who may not have any income at the time of his death, the claimant-parents would be entitled to a lump sum compensation of Rs.1,80,000/, unless there are special circumstances for determining the amount of compensation. 20. In case of death of a minor in the road traffic accident, it is not appropriate to calculate the income of minor children. Therefore, the Hon'ble Apex Court, in its judgment in the case of KISHAN GOPAL AND ANOTHER Vs. LALA AND OTHERS reported in 2014(1) SCC 244 was pleased to make a formula as to how to calculate compensation in case of death of minor children. Learned counsel for the claimants submitted that, the Tribunal has erred in not awarding reasonable compensation on account of the death of the deceased minor child in the road traffic accident and what is - 44 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS awarded is inadequate. To substantiate the said submission, placing reliance on the judgment of the Apex Court reported in Kishan Gopal's case referred supra, learned counsel submitted that in the said case, the Hon'ble Apex Court has awarded a compensation of Rs.5,00,000/- with interest at 9% p.a. from the date of petition till its realization on account of the death of a minor boy in the road traffic accident. Therefore, he submitted that following the said judgment, the appeals may also be allowed by awarding a compensation of Rs.5,00,000/- with interest at 9% p.a. after deducting whatever amount awarded by the Tribunal. 21. As against this, learned counsel appearing for respondent-Insurance Company sought to substantiate that, the Tribunal, after due appreciation of the oral and documentary evidence available on record and also considering the status of the parties and in the light of the decision of the Hon'ble Apex Court, is justified in awarding reasonable compensation on account of the death of a minor boy and that, the law laid down by the Hon'ble Apex Court in the said case is - 45 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS not applicable to the facts and circumstances of the present cases and therefore, interference by this Court is not called for. 22. We have perused the decision rendered in Kishan Gopal's case cited supra, wherein, the said case was of a death of a minor child and the Hon'ble Apex Court awarded compensation of Rs.4,50,000/- and Rs.50,000/- towards pecuniary loss. In total, a compensation of Rs.5,00,000/- is awarded. Following the said judgment, compensation of Rs.5,00,000/- each is awarded to the claimants in the above two appeals. In view of the aforesaid decision, we are of the opinion that the impugned judgment and award passed by the Tribunal is liable to be modified and accordingly, the same is modified by holding that the claimants-appellants are entitled to enhanced compensation of Rs.3,20,000/- each (Rs.5,00,000/- - Rs.1,80,000/-) in MFA No.3370/2022 and MFA No.204/2022 on the death of their minor child in the said accident, with interest at the rate of 6% per annum from the date of claim petition till its realization. Apportionment shall be made as per the order of the Tribunal. - 46 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS MFA 203/2022 (CLAIMANTS APPEAL) (MVC No.1212/2015-Death of deceased Smt. Fauzia, 28 YEARS) & MFA 5136/2022(INSURANCE APPEAL) 23. The claimants have taken the contention that deceased Smt. Fauzia was hale and healthy, aged about 28 years at the time of accident, she was engaged in tailoring work and earning a sum of Rs.10,000/- to Rs.15,000/- per month and she was maintaining the family. Due to her untimely death, the claimants being the husband and minor son have suffered mental shock and agony and have lost the love and affection. The Tribunal without considering the evidence on record in its proper perspective awarded meager compensation of Rs.8,86,000/-, by considering the notional income at Rs.6,000/- per month. 24. The accident is of the year 2014. The Tribunal has taken the income of the deceased at Rs.6,000/- per month without any proof. No documentary evidence is placed on record with regard to the 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 - 47 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the deceased at Rs.8,500/- per month, which is fair and reasonable one. 25. The deceased was aged about 28 years at the time of accident. The Insurance Company has not disputed this aspect. As per decision of the Hon'ble Apex Court in the case of Sarla Verma and Others v. Delhi Transport Corporation and Another reported in 2009 ACJ 1298, the multiplier applicable to the age of the deceased is '17'. 26. Deceased Smt. Fauzia died leaving behind her husband and a son and therefore, appropriate deduction towards personal expenses of the deceased would be 1/3rd. 27. The Tribunal has not considered the future prospects of the deceased. 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.3,400/- (8,500 x 40%) and the total income comes to Rs.11,900/- per month (3,400 + 8,500). The deceased has left behind her husband and a son, as such, 1/3rd of income of the - 48 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS deceased has to be deducted towards her personal expenses, which comes to Rs.3,967/- (11,900 X 1/3 = 3,967). If we deduct Rs.3,967/- from Rs.11,900/-, it comes to Rs.7,933/-. Hence, the 'loss of dependency' is worked out as under: Rs.8,500+40%x2/3x12x17=Rs.16,18,400/- as against Rs.8,86,000/- awarded by the Tribunal. 28. The Tribunal has committed an error in not awarding fair compensation under the conventional heads. As per the judgment rendered by the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130 and Pranay Sethi's supra, the claimants are entitled to Rs.80,000/- (Rs.40,000/- each x 2) towards 'loss of consortium', Rs.15,000/- towards 'loss of estate' and Rs.15,000/- towards 'funeral expenses'. Thus, in all the claimants are entitled to modified compensation as under: - 49 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS HEADS Rs. Loss of dependency 16,18,400.00 Loss of consortium 80,000.00 Loss of estate 15,000.00 Funeral expenses 15,000.00 TOTAL 17,28,400.00 Less: Compensation awarded by the Tribunal 8,86,000.00 ENHANCED COMPENSATION 8,42,400.00 MFA.No.3416/2022(CLAIMANTS APPEAL) & MFA.No.5160/2022 (MVC.No.1205/2015) - death of deceased Smt.Asiyamma) 29. The claimants have taken the contention that deceased Smt. Asiyamma was aged about 60 years at the time of accident, she was hale and healthy, engaged in Beedi rolling work and earning a sum of Rs.400/- per day (Rs.12,000/-p.m.) and she was maintaining the family. Due to her untimely death, the claimants, who are the sons and daughters of the deceased, have suffered mental shock and agony and have lost the love and affection. The Tribunal without considering the evidence on record in its proper perspective awarded meager compensation of Rs.1,90,800/-, by considering the notional income at Rs.6,000/- per month and after deducting 1/4th - 50 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS towards personal expenses of the deceased. Thus, the Tribunal committed an error in assessing only 30% out of the remaining amount towards 'loss of estate' and erred in awarding only a compensation of Rs.1,45,800/- towards 'loss of estate', which is grossly inadequate. 30. "Loss of estate" refers to financial or physical property lost due to a person's death, whereas "dependency" refers to a person's financial reliance on another, with "loss of dependency" being compensation for a family member's loss of support due to that death. The key difference is that loss of estate involves damage to the deceased's assets, while loss of dependency concerns the financial hardship of their non-earning family members. Estate claims are brought for damages that the deceased could have suffered, while dependency claims are for the loss experienced by those who depended on the deceased. In the instant appeals, the claimants are none other than major sons and married daughters. Therefore, the Tribunal has rightly considered the aspect of 'loss of estate', instead of 'loss of dependency'. In the appeal filed by the claimants, they have not taken any contentions that the Tribunal ought to have considered the - 51 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS aspect of 'loss of dependency', instead of 'loss of estate'. Thus, the claimants are entitled for compensation under the head 'loss of estate'. 31. The accident is of the year 2014. The Tribunal has taken the income of the deceased at Rs.6,000/- 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.8,500/- per month, which is fair and reasonable one. 32. The deceased was aged about 60 years at the time of the accident. The Insurance Company has not disputed this aspect. As per decision of the Hon'ble Apex Court in the case of Sarla Verma and Others v. Delhi Transport Corporation and Another reported in 2009 ACJ 1298, multiplier applicable for the age of deceased is '9'. - 52 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 33. Deceased Smt. Asiyamma died leaving behind her four children and therefore, appropriate deduction towards personal expenses of the deceased would be 3/4th. 34. The Tribunal has not considered future prospects of the deceased. 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, 10% of the income must be added towards future prospects, which comes to Rs.850/- (Rs.8,500 x 10%) and the total income comes to Rs.9,350/- per month (8,500+850). The deceased has left behind her children, as such, 3/4th of income of the deceased has to be deducted towards her personal expenses, which comes to Rs.7,012/- (Rs.9,350/- x 3/4th = Rs.7,012/-). If we deduct Rs.7,012/- from Rs.9,350/- it comes to Rs.2,338/-. Hence, the 'loss of estate' is assessed as under: Rs.2,338 x 12 x 9 = 2,52,504/-, as against Rs.1,45,800/- awarded by the Tribunal. 35. The Tribunal has committed an error in not awarding fair compensation under the conventional heads. As per the judgment rendered by the Hon'ble Apex Court in the case of - 53 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130 and Pranay Sethi's case referred supra, the claimants are entitled to Rs.1,60,000/- (Rs.40,000/-each x 4) towards 'loss of consortium', Rs.15,000/- towards 'loss of love and affection' and Rs.15,000/- towards 'funeral expenses'. Thus, in all the claimants are entitled to modified compensation as under: HEADS Rs. Loss of estate 2,52,504.00 Loss of consortium 1,60,000.00 Loss of love and affection 15,000.00 Funeral expenses 15,000.00 TOTAL 4,42,504.00 Less: Compensation awarded by the Tribunal 1,90,800.00 ENHANCED COMPENSATION 2,51,704.00 INSURANCE APPEALS 1. MFA.No.5150/2022 (MVC.No.1210/2015 - death of Junaid, 19 years); 2. MFA.No.5165/2022 (MVC.No.1213/2015 - death of Smt. Rukiya, 50 years); 3. MFA.No.5154/2022 (MVC.No.1214/2015 - death of Ameer @ Ameer Khan, 40 years) ; 4. MFA No.5156/2022 (MVC.1215/2015 - death of Kum. Safida, 7 years); - 54 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS 5. MFA.No.5526/2022 (MVC.No.609/2015 in respect of injury sustained by respondent No.1 - Smt Zeenath); 6. MFA.No.5531/2022 (MVC.NO.612/2015 in respect of injury sustained by respondent No.1 - Smt. Bushra); 7. MFA.No.5532/2022 (MVC.No.1208/2015 in respect of injury sustained by respondent No.1 - Sri. Afreed; 8. MFA.No.5537/2022 (MVC.No.1207/2015 in respect of injury sustained by respondent No.1 - Smt. Razia); 9. MFA.No.5540/2022 (MVC.No.82/2015 in respect of injury sustained by respondent No.1 - Sri. P.H.Mahammad); 10. MFA.No.5541/2022 (MVC.No.610/2015 in respect of injury sustained by respondent No.1 - Sri. Mohammad Arif); 11. MFA.No.5542/2022 (MVC.No.613/2015 in respect of injury sustained by respondent No.1 - Sri. Ismail @ Ismail Hafeez); 12. MFA.No.5547/2022 (MVC.No.616/2015 in respect of injury sustained by respondent No.1 - Sri. Mohammad Iqbal) 36. These appeals are filed by the Insurance Company on the ground of negligence and liability. Since, we have expressed our opinion while discussing the appeals in MFA.No.3370/2022 and MFA.No.5135/2022, by holding that the Insurance Company is liable to pay the compensation under "pay and recovery" principles, hence, these appeals do not - 55 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS survive for consideration. Accordingly, the appeals filed by the Insurance Company are dismissed. In the result, we pass the following: O R D E R i. MFA.No.5150/2022, MFA No.5165/2022, MFA No.5154/2022, MFA No.5156/2022, MFA No.5526/2022, MFA No.5531/2022, MFA No.5532/2022, MFA No.5537/2022, MFA No.5540/2022, MFA No.5541/2022, MFA No.5542/2022 and MFA No.5547/2022 filed by the Insurance Company are dismissed. ii. MFA No.3416/2022 filed by the appellants/claimants is allowed-in-part and MFA No.5160/2022 filed by Insurance Company is dismissed. iii. The judgment and award dated 31.12.2019 passed by the learned Senior Civil Judge and JMFC and MACT, Periyapatna, is modified to the extent stated hereinabove. The claimants in MFA No.3416/2022 are entitled to enhanced compensation of Rs.2,51,704/ in addition to the compensation awarded by the Tribunal at - 56 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS Rs.1,90,800/- with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. iv. MFA No.3370/2022 filed by the appellants/claimants is allowed-in-part and MFA No.5135/2022 filed by Insurance Company is dismissed. v. The judgment and award dated 31.12.2019 passed by the learned Senior Civil Judge and JMFC and MACT, Periyapatna, is modified to the extent stated hereinabove. The claimants in MFA No.3370/2022 are entitled to enhanced compensation of Rs.3,20,000/ in addition to the compensation awarded by the Tribunal at Rs.1,80,000/- with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. vi. MFA No.204/2022 filed by the appellant/claimant is allowed-in-part and MFA No.5128/2022 filed by Insurance Company is dismissed. - 57 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS vii. The judgment and award dated 31.12.2019 passed by the learned Senior Civil Judge and JMFC and MACT, Periyapatna, is modified to the extent stated hereinabove. The claimants in MFA No.204/2022 are entitled to enhanced compensation of Rs.3,20,000/- in addition to the compensation awarded by the Tribunal at Rs.1,80,000/- with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. viii. MFA No.203/2022 filed by the appellants/claimants is allowed-in-part and MFA No.5136/2022 filed by Insurance Company is dismissed. ix. The judgment and award dated 31.12.2019 passed by the learned Senior Civil Judge and JMFC and MACT, Periyapatna, is modified to the extent stated hereinabove. The claimants in MFA No.203/2022 are entitled to enhanced compensation of Rs.8,42,400/ in addition to the compensation awarded by the Tribunal at Rs.8,86,000/- with interest at the rate of 6% per annum - 58 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS from the date of filing the claim petition till the date of realisation. x. The Insurance Company-National Insurance Company Limited is directed to deposit the enhanced compensation in the respective appeals together with interest within six weeks' from the date of receipt of a copy of this judgment. xi. Apportionment, disbursement, and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. xii. The amount in deposit, if any, shall be transmitted to the Tribunal, forthwith. xiii. Draw modified awards accordingly. xiv. No order as to costs. - 59 - HC-KAR NC: 2025:KHC:39467-DB MFA No. 5135 of 2022 C/W MFA No. 203 of 2022 MFA No. 204 of 2022 AND 17 OTHERS xv. Registry is directed to send a copy of this judgment along with its records to the Tribunal, forthwith. xvi. 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.: 9