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2025 DAILYLAW 84531 (KAR)

SMT. P. LATHAMMA @ LAITHA v. A B DONDE GOUDA

MFA/103723/2017 · 2025-09-11

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA, AT DHARWAD BENCH DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100814 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100813 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100815 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 103722 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 103723 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 103724 OF 2017 IN MFA NO.100814/2017 BETWEEN: M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, 1ST CROSS, GANDHI NAGAR, BALLARI. REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. S. K. KAYAKAMATH, ADVOCATE) AND: 1. PATIL ASWATHA REDDY @ ASWATHA REDDY S/O. PATIL PARAMESHWARA REDDY @ PARAMESHWARA REDDY, AGE: 27 YEARS, OCC: AGRICUTLTURE CUM MILK VENDOR, R/O: TIMMENEHALLI VILLAGE IN BALLARI TALUKA AND DISTRICT-583101. 2. A.B. DONDE GOUDA S/O. A.N. BASAVA GOUDA, AGE: 35 YEARS, DRIVER OF THE LORRY BEARING REGISTRATION NO. KA 54/1180, R/O: ALADAHALLI VILLAGE, ADAGUR POST, HALEBEEDU HOBLI, MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS BELUR TALUKA IN HASSAN DISTRICT.-573115 3. N. SHIVAKUMAR S/O. NANJUNDAPPA, AGE: 45 YEARS, OWNER OF THE LORRY BEARING REGISTRATION NO. KA 54/1180, R/O: NO.9, HOSUR VILLAGE, GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT-562101. 4. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, NEAR MAYURA HOTEL, DOUBLE ROAD, BALLARI.-583101. 5. HUSSAIN SHAWALI S/O. KADAR MOHADDIN, AGE: 47 YEARS, DRIVER OF THE LORRY BEARING REGISTRATION NO. KA 40/9150, R/O: NAZARABAD, 3RD CROSS, TUMKUR.-572101. 6. R. LOKESH S/O. RAMAKRISHNAPPA, AGE: 43 YEARS, OWNER OF THE LORRY BEARING REGISTRATION NO. KA 40/9150, R/O: HOSUR VILLAGE, IN GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT.-562101 7. M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI.-583101. 8. P. NAVEEN KUMAR S/O. P. SEETHARAMA CHETTY, AGE: 43 YEARS, OWNER OF THE EICHER LORRY BEARING REGISTRATION NO. AP.02/W.8388, R/O: DOOR NO.1-100, TALLAKERE VILLAGE, - 3 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS GUMMAGATTA MANDAL, ANANTHAPUR DISTRICT, A.P.-515001. …RESPONDENTS (BY SRI. VIJAY RAGHAV REDDY, ADVOCATE FOR R3 & R6; SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R4; SRI. R.R. MANE, ADVOCATE FOR R7; NOTICE TO R2 AND R5 IS DISPENSED WITH; NOTICE TO R8 IS HELD SUFFICIENT) THIS MFA IS FILED U/SEC. 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 15.11.2016 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI IN MVC NO.253/2014 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100813/2017 BETWEEN: M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, 1ST CROSS, GANDHI NAGAR, BALLARI. NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY 4TH FLOOR, V.A. KALBURAGI MANSION, LAMINGTON ROAD, OPP: MUNICIPAL CORPORATION, HUBBALLI. 580029. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. P. LATHAMMA @ LAITHA @ PURRAMMAGARI LALITHAMMA W/O. LATE P. ESHWARAPPA @ ESHWARAPPA H.B. @ ESHWARA, AGE: 27 YEARS, HOUSE WIFE, 2. MINOR PUTTAMMAGARI RAJESHWARI @ RAJESHWARI, AGE: 11 YEARS, STUDENT. - 4 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 3. MINOR PUTTAMMAGARI SPANDANA @ SPANDANA, AGE: 10 YEARS, STUDENT, 4. MINOR PUTTAMMAGARI HARISH @ HARISH, AGE: 07 YEARS, TUDENT, 5. MINOR PUTTAMMAGARI ESHWARA @ ESHWARA, AGE: 6 YEARS, STUDENT, 6. SMT. BHAGYAMMA @ PUTTAMMAGARI BHAGYAMMA W/O. LATE PUTTAMMAGARI RAMANJINEYULU @ RAMANJINEYULU, AGE: 51 YEARS, HOUSEWIFE, RESPONDENT NO.2 TO 5 ARE MINORS REPRESENTED BY THEIR MOTHER AND GUARDIAN RESPONDENT No.1. ALL ARE RESIDENTS OF NEAR KEB, W.NO. 5, BEHIND SHABARESHWARA NURSING COLLEGE, GUGGARAHATTI, BALLARI. 7. A.B. DONDE GOUDA S/O. A.N. BASAVA GOUDA, AGE: 35 YEARS, DRIVER OF THE LORRY BEARING REGISTRATION NO.KA 54/1180, R/O: ALADAHALLI VILLAGE, ADAGUR POST, HALEBEEDU HOBLI, BELUR TALUKA IN HASSAN DISTRICT-573201 8. N. SHIVAKUMAR S/O. NANJUNDAPPA, AGE: 45 YEARS, OWNER OF THE LORRY BEARING REGISTRATION NO. KA 54/1180, R/O: NO.9, HOSUR VILLAGE, GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT.577101 9. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, NEAR MAYURA HOTEL, DOUBLE ROAD, BALLARI.583101 - 5 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 10. HUSSAIN SHAWALI S/O. KADAR MOHADDIN, AGE: 47 YEARS, DRIVER OF THE LORRY BEARING REGISTRATION NO. KA 40/9150, R/O: NAZARABAD, 3RD CROSS, TUMKUR-543201. 11. R. LOKESH S/O. RAMAKRISHNAPPA, AGE: 43 YEARS, OWNER OF THE LORRY BEARING REGISTRATION NO.KA 40/9150, R/O: HOSUR VILLAGE, IN GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT-577701. 12. M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI-583105. 13. P. NAVEEN KUMAR S/O. P. SEETHARAMA CHETTY, AGE: 43 YEARS, OWNER OF THE EICHER LORRY BEARING REGISTRATION NO. AP.02/W.8388, R/O: DOOR NO.1-100, TALLAKERE VILLAGE, GUMMAGATTA MANDAL, ANANTHAPUR DISTRICT, A.P. …RESPONDENTS (BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1 TO R6; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R9; SRI. R.R. MANE, ADVOCATE FOR R12; NOTICE TO R8, 10, 11, 13 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 15.11.2016 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI IN MVC NO.255/2014 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS IN MFA NO.100815/2017 BETWEEN: M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, 1ST CROSS, GANDHI NAGAR, BALLARI. NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. S K KAYAKAMATH, ADVOCATE) AND: 1. SMT. GAYATRI @ CHAPIRI GAYATRI W/O. LATE SHIVA @ HARIJANNA SHIVANNA @ SHIVANNA, AGE: 27 YEARS, HOUSE WIFE. 2. MINOR SWETHA @ CHAPIRI SWETHA D/O. LATE SHVIA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 10 YEARS, STUDENT. 3. MINOR AKSHAYA @ CHAPIRI AKSHAYA D/O. LATE SHIVA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 09 YEARS, STUDENT, 4. MINOR ALAKANANDA @CHAPIR ALAKANANDA D/O LATE SHIVA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 7 YEARS, STUDENT 5. HARIJANA GANGADHARA @ GANGARAM S/O. LATE CHAPIRI ANJINAPPA, AGE: 61 YEARS, 6. SMT. HARIJANA GANGAMMA @ GANGAMMA W/O. HARIJANA GANGADHARA @ GANGARAM, AGE: 57 YEARS, HOUSE WIFE 7. MINOR MANJU @ CHAPIRI MANJUNATHA S/O. HARIJANA GANGADHARA @ GANGARAM, - 7 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS AGE: 19 YEARS, STUDENT, THE RESPONDENTS NO.2 TO 4 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. GAYATHRI @ CHAPIRI GAYATRI, AGE: 27 YEARS, ALL ARE RESIDENTS OF ALLIPURA VILLAGE IN BALLARI TALUKA AND DISTRICT PIN-583101. 8. A.B. DONDE GOUDA S/O. A.N. BASAVA GOUDA, AGE: 35 YEARS, DRIVER OF THE LORRY BEARING REGISTRATION NO. KA 54/1180, R/O: ALADAHALLI VILLAGE, ADAGUR POST, HALEBEEDU HOBLI, BELUR TALUKA IN HASSAN DISTRICT. PIN-573201. 9. N. SHIVAKUMAR S/O. NANJUNDAPPA, AGE: 45 YEARS, OWNER OF THE LORRY BEARING REGISTRATION NO. KA 54/1180, R/O: NO.9, HOSUR VILLAGE, GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT. PIN-577101. 10. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, NEAR MAYURA HOTEL, DOUBLE ROAD, BALLARI. PIN-583101. 11. HUSSAIN SHAWALI S/O. KADAR MOHADDIN, AGE: 47 YEARS, DRIVER OF THE LORRY BEARING REGISTRATION NO. KA 40/9150, R/O: NAZARABAD, 3RD CROSS, TUMKUR-572101. 12. R. LOKESH S/O. RAMAKRISHNAPPA, AGE: 43 YEARS, - 8 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS OWNER OF THE LORRY BEARING REGISTRATION NO. KA 40/9150, R/O: HOSUR VILLAGE, IN GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT. PIN-577101. 13. M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI.PIN-583101 14. P. NAVEEN KUMAR S/O. P. SEETHARAMA CHETTY, AGE: 43 YEARS, OWNER OF THE EICHER LORRY BEARING REGISTRATION NO. AP.02/W.8388, R/O: DOOR NO.1-100, TALLAKERE VILLAGE, GUMMAGATTA MANDAL, ANANTHAPUR DISTRICT, A.P.-515001. …RESPONDENTS (BY SRI. VIJAY RAGHAV REDDY FOR R9 and R12, ADVOCATE NAGARAJ C. KOLLOORI, ADVOCATE FOR R10; SRI. R.R. MANE, ADVOCATE FOR R13; NOTICE TO R8 AND 11 IS DISPENSED WITH; R1, R5, R6, R7 ARE SERVED (RE TO R4 ARE MINORS R/BY R1); NOTICE TO R14 IS HELD SUFFICIENT) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 15.11.2016 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI IN MVC NO.254/2014 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.103722/2017 BETWEEN: 1. SMT. GAYATHRI @ CHAPIRI GAYATHRI W/O. LATE SHIVA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 27 YEARS, - 9 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS OCC: HOUSEWIFE, 2. MINOR SWETHA @ CHAPIRI SWETHA D/O LATE SHIVA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 10 YEARS, STUDENT. 3. MINOR AKSHAYA @ CHAPIRI AKSHAYA S/O LATE SHIVA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 9 YEARS, STUDENT, 4. MINOR ALAKANANDA @ CHAPIRI ALAKANANDA S/O. LATE SHIVA @ HARIJANA SHIVANNA @ SHIVANNA, AGE: 7 YEARS, STUDENT. 5. HARIJANA GANGADHARA @ GANAGARAM S/O LATE CHAPIRI ANJINAPPA 6. SMT.HARIJANA GANGAMMA @ GANGAMMA W/O HARIJANA GANGADHARA @ GANAGARAM, AGE: 57 YEARS, OCC: HOUSEWIFE 7. MANJU @ CHAPIRI MANJUNATHA S/O HARIJANA GANGADHARA @ GANAGARAM, AGE: 19 YEARS, STUDENT THE APPELLANTS NO.2 TO 4 ARE THE MINORS, SINCE REP/BY THEIR MOTHER AND NATURAL GUARDIAN SMT. GAYATHRI @ CHAPIRI GAYATRI, AGE: 27 YEARS, ALL ARE R/O: ALLIPURA VILLAGE, BALLARI TALUK and DISTRICT-583101. …APPELLANTS (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. A. B. DONDE GOUDA S/O A.N. BASAVA GOUDA, AGE: 35 YEARS, - 10 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS DRIVER OF THE LORRY BEARING REG.NO.KA-54/1180, R/O: ALADAHALLI VILLAGE, ADAGUR POST, HALEBEEDU HBLI, BELUR TALUK IN HASSAN DISTRICT-520001. 2. N.SHIVAKUMAR S/O. NANJUNDAPPA AGE: 45 YEARS, OWNER OF THE LORRY BEARING REG.NO.KA-54/1180, R/O: NO.9, HOSUR VILLAGE, GOWRIBIDANUR TALUKA OF CHIKKABALLAPUR DISTRICT-550001. 3. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, NEAR MAYURA HOTEL, DOUBLE ROAD, BALLARI-583101. 4. HUSSAIN SHAWALI S/O. KADAR MOHADDIN AGE: 47 YEARS, DRIVER OF THE LORRY BEARING REG.NO.KA-40/9150, R/O: NAZARABAD, 3RD CROSS, TUMKURU-570001. 5. R.LOKESH S/O. RAMAKRISHNAPPA AGE: 43 YEARS, OWNER OF THE LORRY BEARING REGN.NO.KA-40/9150, HOSUR VILLAGE, GOWRIBIDANUR TALUKA OF CHIKKABALLAPUR DISTRICT-550001. 6. M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI-583101. 7. P.NAVEEN KUMAR S/O P. SEETHARAMA CHETTY AGE: 43 YEARS, OWNER OF THE EICHER - 11 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS LORRY BEARING REGN.NO.AP-02/W-8388, R/O: DOOR NO.1-100, TALLAKERE VILLAGE, GUMMAGATTA MANDAL, ANANTHAPUR DISTRICT A.P.-420001. 8. M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, 1ST CROSS, GANDHI NAGAR, BALLARI-583101. …RESPONDENTS (BY SRI. NAGARAJ C. LOLLOORI, ADVOCATE FOR R3; SRI. R.R. MANE, ADVOCATE FOR R6; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R8; NOTICE TO R1, 2, 4, 5 & 7 IS DISPENSED WITH) MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC NO.254/2014 DATED 15.11.2016 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI AND ENHANCE THE COMENSATION FROM RS.10,58,400/- TO RS.24,50,000/- IN MVC NO.254/2014 DATED 15.11.2016 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 103723/2017 BETWEEN: 1. SMT. P. LATHAMMA @ LAITHA @ PUTTAMMAGARI LALITHAMMA W/O LATE P.ESHWARAPPA @ ESHWARAPPA H.B. @ ESHWARA, AGE: 27 YEARS, HOUSEWIFE, 2. MINOR PUTTAMMAGARI RAJESHWARI @ RAJESHWARI, D/O LATE P.ESHWARAPPA @ ESHWARAPPA H.B. @ ESHWARA, AGE: 11 YEARS, STUDENT, 3. MINOR PUTTAMMAGARI SPANDANA @ SPANDANA D/O LATE P.ESHWARAPPA - 12 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS @ ESHWARAPPA H.B. @ ESHWARA, AGE: 10 YEARS, STUDENT, 4. MINOR PUTTAMMAGERI HARISH @ HARISH S/O. LATE P.ESHWARAPPA @ ESHWARAPPA H.B. @ ESHWARA, AGE: 7 YEARS, STUDENT, 5. MINOR PUTTAMMAGARI ESHWARA @ ESHWARA S/O LATE P.ESHWARAPPA @ ESHWARAPPA H.B. @ ESHWARA, AGE: 6 YEARS, STUDENT 6. SMT.BHAGYAMMA @ PUTTAMMAGARI BHAGYAMMA W/O. LATE PUTTAMMAGARI RAMANJINEYULU @ RAMANINEYULU, AGE: 51 YEARS, HOUSEWIFE, THE APPELLANTS NO.2 TO 5 ARE THE MINORS, SINCE REP/BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 ALL ARE R/O. NEAR KEB W.NO.5 BEHIND SHABARESHWARA NURSING COLLEGE, GUGGARAHATTI, BALLARI-583101. …APPELLANTS (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. A B DONDE GOUDA S/O A.N. BASAVA GOUDA, AGE: 35 YEARS, DRIVER OF THE LORRY BEARING REG.NO.KA-54/1180, R/O: ALADAHALLI VILLAGE, ADAGUR POST, HALEBEEDU HBLI, BELUR TALUK IN HASSAN DISTRICT-520001. 2. N. SHIVAKUMAR S/O. NANJUNDAPPA AGE: 45 YEARS, OWNER OF THE LORRY BEARING REG. NO.KA-54/1180, R/O: NO.9, HOSUR VILLAGE, - 13 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT-550001. 3. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, NEAR MAYURA HOTEL, DOUBLE ROAD, BALLARI-583101. 4. HUSSAIN SHAWALI S/O. KADAR MOHADDIN, AGE: 47 YEARS, DRIVER OF THE LORRY BEARING REGN.NO.KA-40/9150, R/O: NAZARABAD, 3RD CROSS, TUMAKURU-570001. 5. R.LOKESH S/O RAMAKRISHNAPPA AGE: 43 YEARS, OWNER OF THE LORRY BEARING REGN.NO.KA-40-9150, HOSUR VILLAGE, GOWRIBIDANUR TALUKA OF CHIKKABALLAPURA DISTRICT-550001. 6. M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI-583101. 7. P.NAVEEN KUMAR S/O P. SEETHARAMA CHETTY, AGE: 43 YEARS, OWNER OF THE EICHER LORRY BEARING REGN.NO.AP-02/W-8388, R/O: DOOR NO.1-100, TALLAKERE VILLAGE, GUMMAGATTA MANDAL, ANANTHAPUR DISTRICT. A.P.-420001. 8. M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, - 14 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS BYY ITS MANAGER, 1ST CROSS, GANDHI NAGAR, BALLARI-583101. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R3; SRI. R.R. MANE, ADVOCATE FOR R6; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R8; NOTICE TO R1, 2, 4, 5 AND 7 DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC NO.255/2014 DATED 15.11.2016 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI AND ENHANCE THE COMPENSATION FROM RS.12,53,400/- TO RS.24,500,000/- IN MVC NO.255/2014 DATED 15.11.2016 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 103724/2017 BETWEEN: PATIL ASWATHA REDDY @ ASWATHA REDDY S/O. PATIL PARAMESHWARA REDDY @ PARAMESHWARA REDDY, AGE: 27 YEARS, OCC: AGRICULTURIST CUM MILK VENDOR R/O:TAMMANEHALLI-VILLAGE IN BALLARI TALUKA AND DISTRICT. …APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. A.B. DONDE GOUDA S/O. A.N.BASAVA GOUDA AGE: 35 YEARS, DRIVER OF THE LORRY BEARING REG NO:KA-54/180 R/O. ALADAHALLI-VILLAGE, ADAGUR-POST HALEBEEDU HUBLI, BELUR TALUK IN HASSAN-DISTRICT-520001 2. N. SHIVAKUMAR S/O. NANJUNDAPPA AGE: 45 YEARS, OWNER OF THE LORRY BEARING REG NO.KA54/1180, R/O NO:9, HOSUR-VILLAGE, GOWRIBIDANUR TALUKA OF - 15 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS CHIKKABALLAPURA-DISTRICT-560001 3. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED BY ITS, MANAGER, NEAR MAYURA HOTEL, DOUBLE ROAD, BALLARI-583101. 4. HUSSAIN SHAWALI S/O KADAR MOHADDIN AGE: 47 YEARS, DRIVER OF THE LORRY BEARING REGN NO:KA-40/9150, R/O NAZARABAD, 3RD CROSS, TUMKUR-570001. 5. R LOKESH S/O. RAMAKRISHNAPPA AGE:43 YEARS, OWNER OF THE LORRY BEARING REGN NO:KA-40/9150, HOSUR-VILLAGE, GOWRIBIDANUR, TALUKA OF CHIKKABALLAPURA-DISTRICT-550001 6. M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, MAIN ROAD, PARVATHI NAGAR, BALLARI-583101 7. P. NAVEEN KUMAR S/O. P. SEETHARAMA CHETTY AGE: 43 YEARS, OWNER OF THE EICHER LORRY BEARING REGN. NO:AP-02/W8388, R/O. DOOR NO:1-100, TALLAKERE-VILLAGE, GUMMAGATTA MANDAL, ANANTHAPUR-DISTRICT AP-420001. 8. M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, 1ST CROSS, GANDHI NAGAR, BALLARI-583101. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R3; SRI. R.R.MANE, ADVOCATE FOR R6; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R8; NOTICE TO R1, 2, 4, 5 AND 7 IS DISPENSED WITH) - 16 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS THIS MFA IS FILED U/SEC. CALL FOR THE COURT RECORDS IN MVC NO.253/2014 DATED 15.11.2016 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI AND ENHANCE THE COMPENSATION FROM RS.3,38,000/- TO RS.12,50,000/- IN MVC NO.253/2014 DATED 15.11.2016 ON THE FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL XIITH AT BALLARI IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These Appeals arise out of a common judgment passed in the judgment and award dated 15.11.2016 passed in M.V.C Nos.253/2014, 254/2014 and 255/2014 by the learned Member, M.A.C.T,-XII, Ballari. 2. Brief facts, leading rise to the filing of this appeal are as follows: On 21.08.2013 at about 07.30 p.m., the petitioner in M.V.C.No.253/2014 was traveling in Eicher lorry bearing registration No.AP-02/W-8388 along with the goods and the driver of the said lorry was driving the said lorry slowly, cautiously and on the proper side of the road. On the next day i.e., on 22.08.2013 at about 12.30 a.m., in the early - 17 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS morning, when the said lorry reached near the accident spot, at that time, two lorries bearing registration No.KA- 54/1180 and KA-40/9150 were stopped by its drivers in the middle of the road negligently without applying any indicators. Since, there was darkness, the driver of the Eicher lorry bearing No.AP-02/W-8388 dashed to the said lorries, which were stopped in the middle of the road. As a result, the petitioner sustained grievous injuries, and the driver and the cleaner of the lorry bearing No.AP-02/W- 8388 viz., Shivanna and Eshwarappa succumbed to the injuries on the spot. The injured petitioner filed a claim petition in M.V.C.No.253/2014 and the legal representatives of the deceased Shivanna and Eshwarappa filed a claim petitions in MVC No. 254/2014 and MVC No. 255/2014 under Section 166 of the M.V.Act claiming a compensation for the injury and the death. Accordingly, prays to allow the claim petitions. - 18 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 3. Respondent No.2 before the Tribunal/ the owner of the lorry bearing registration No. KA-54/1180 filed a statement of objections. Respondent No. 1 (Driver of Lorry bearing No. KA 54/1180), 4 (Driver of Lorry No. KA.40/9150) and 5 (Owner of the Lorry bearing No.KA.40/9150) have filed a Memo adopting a statement of objections filed by Respondent No. 2 before the tribunal. The Insurance Companies i.e., M/s Shriram General Insurance Co. Ltd., M/s ICICI Lombard General Insurance Co. Ltd. and M/s Bajaj Allianz General Insurance Company filed a separate statement of objections. All have denied the averments made in the claim petitions. And the Insurance Companies contended that the drivers of the offending vehicles did not possess a valid and effective driving license as of the date of the accident and the compensation sought by the petitioners is exorbitant. It is also contended that there was contributory negligence on the part of each of the driver. Hence, prays to dismiss the claim petitions against the said respondents. - 19 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 4. The Tribunal clubbed all the three claim petitions, and framed the common issues. 5. The petitioners to substantiate their cases, petitioner No.1 in M.V.C.No.254/2014 was examined as PW- 1; petitioner No.1 in M.V.C. No.255/2014 was examined as PW-2 ; the petitioner in M.V.C.No.253/2014 was examined as PW-3, and examined the doctor as PW-4 and marked 30 documents as Exs.P-1 to P-30. The Insurance Companies examined three witnesses as RW-1 to RW-3, and marked 7 documents as Exs.R-1 to R-7. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part with costs vide common judgment dated 15.11.2016. The Tribunal awarded a compensation of Rs.3,38,000/- in M.V.C.No.253/ 2014; a compensation of Rs.10,58,400/- in M.V.C.No.254/2012 and a compensation of Rs.12,53,400/- in M.V.C.No.254/2014 with interest at the rate of 7% p.a. from the date of the petition till the date of deposit and held - 20 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS respondents No.1 to 8-before the tribunal jointly and severally liable to pay the compensation. Further, the Tribunal directed Shriram General Insurance Company to deposit and ICICI Lombard General Insurance Company to deposit 40% each in the total compensation amount and 20%, by Bajaj Allianz General Insurance Company. 7. Respondent No.8-Bajaj Allianz General Insurance Company, aggrieved by the fastening of the liability, preferred the appeals in M.F.A.Nos.100813/2017, 100814/2017 and 100815/2017. The petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed the appeals in M.F.A. Nos.103722/2014, 103723/2017 and 103724/2017. 8. Heard the learned counsel for the Insurance Companies, and the learned counsel for petitioners. 9. Learned counsel for the Bajaj Allianz General Insurance Company submits that the Tribunal has committed an error in fastening the liability to the extent of - 21 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 20% on Bajaj Allianz General Insurance Company. He also submits that there was negligence on the part of the driver of the Lorry bearing No.AP-02/W-8388. The accident occurred due to the rash and negligent driving of the driver of the lorry bearing No.AP-02/W-8388, and the Insurance Company is not liable to pay the compensation awarded in M.V.C.No.255/2014 on the ground that there is a breach of policy conditions. He also submits that the compensation awarded by the Tribunal in all the claim petitions is just and proper and do not call for any interference by this Court. Hence, on these grounds, he prays to allow the appeals filed by Bajaj Allianz General Insurance Company, and to dismiss the appeals filed by the petitioners. 10. Per contra, the learned counsel for petitioners submits that the compensation awarded by the Tribunal is on the lower side and accordingly, prays to allow the appeals filed by the petitioners, and dismiss the appeals filed by Bajaj Allianz General Insurance Company. - 22 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 11. Perused the records, and considered the submissions of the learned counsel for the parties. 12. The points that would arise for consideration are regarding the liability, and the quantum of compensation. 13. Regarding liability: There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioner in M.V.C.No.253/2014 and the death of the deceased Shivanna and Eshwarappa. The petitioners to prove the accident, produced a charge sheet marked as Ex.P-8. The Tribunal, relying on Ex.P-8 has rightly held that the accident occurred due to the rash and negligent driving of the drivers of the offending vehicles, and rightly answered the issue No.1 in the affirmative. 14. The learned counsel for the Insurance Company i.e., Bajaj Allianz General Insurance Company contends that the accident occurred due to the rash and negligent driver of the lorry bearing registration No.AP-02/W-8388, and the Tribunal has committed an error in fastening the liability to - 23 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS the extent of 20% on the appellant herein-Bajaj Allianz General Insurance Company. The Tribunal, considering the charge sheet marked as Ex.P-8 and entire evidence on record, has recorded its finding at paragraph No.29 of the impugned judgment, which reads as follows: 29. As for as the liability is concerned, the learned counsel for the petitioners has contended that, the accident was occurred only due to wrong parking of the lorries by the respondent no.1 and 4, but not due to rash and negligent driving of the lorry bearing Regn. No: AP.02/W.8388 by its driver, in which the petitioner in MVC.No:253/2014 was travelling as goods owner, the deceased in MVC.No:254/2014 was travelling as a cleaner and the deceased in MVC.No:255/2014 was driving the said lorry. But on perusal of Ex.P.8 charge sheet, wherein the police have arrayed the drivers of all the three lorries as accused no.1 to 3. Further on perusal Ex.P.3 Sketch, which clearly goes to show that, the accident was occurred due to wrong parking of the lorries bearing Regn.No:KA.54/1180 and KA.40/9150 by the first and fourth respondents respectively and also due to rash and negligent driving of the lorry bearing Regn.No:AP.02/W.8388 - 24 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS by its driver, who also died in the accident. Hence, 40% each negligence is fixed on the drivers of the lorries bearing Regn.No.KA.54/1180 and KA.40/9150 i.e., first and fourth respondents and 20% negligence is fixed on the driver of the lorry bearing Regn. No:AP.02/W.8388. Therefore, the respondents no.3 and 6 are directed to deposit 40% each in the total compensation amount and the respondent no.8 is directed to deposit 20% in the total compensation amount. 15. The deceased Eshwarappa was the driver of the lorry bearing No.AP-02/W-8388 and he drove the lorry in a rash and negligent manner and dashed the lorries bearing registration Nos.KA-54/1180 and KA-40/9150. Hence, the deceased has contributed negligence to the cause of the accident, and the Tribunal has apportioned the negligence at the rate of 20% against the driver of the lorry bearing registration No.AP-02/W-8388. The Tribunal was justified in recording the finding that the deceased was negligent to the extent of 20%. When there is negligence on the part of the driver of the offending vehicle/ Lorry bearing Reg No. AP.02/W.8388, the Insurance Company need not indemnify - 25 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS the owner of the offending vehicle. The Tribunal has committed an error in fastening the liability on Bajaj Allianz General Insurance Company to the extent of 20% in M.V.C.No.255/2014. Insofar as other claim petitions in M.V.C.Nos.253/2014 and 254/2014 are concerned, the Tribunal was justified in fastening the liability to the extent of 20% on Bajaj Allianz Insurance Company. Hence, I do not find any error regarding the liability fastened in the claim petitions in M.V.C.Nos.253/2014 and 254/2014. Accordingly, the point regarding liability is answered accordingly. Regarding quantum of compensation: 16. The petitioners in MVC NO. 254/2014 i.e., M.F.A.No.103722/2017 have contended that the deceased Shivanna worked as a cleaner in the lorry and he used to earn Rs.8,500/- per month. To prove the income, the petitioners have not produced any income proof of the deceased. In the absence of income proof, this Court assesses the income as per the schedule notified by the - 26 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS Karnataka State Legal Services Authority. The accident occurred in 2013. The income should have been taken at Rs.7,000/- p.m. The deceased was aged about 35 years as of the date of the accident. In view of the proposition of law laid down by the Hon’ble Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi and others1, 40% future prospects is to be added to the income of the deceased. As there are 7 petitioners, 1/5th is to be deducted towards the personal expenses of the deceased. The multiplier applicable to the age group of the deceased is 16. Thus, the petitioners in MVC No. 254/2014 i.e., M.F.A. No.103722/2017 are entitled to a compensation towards the head loss of dependency as under: Rs.7,000 + 2,800 (40% of Rs.7,000/-) = 9,800/- Rs.9,800 – 1,960 (1/5th of Rs.9,800/-) = 7,840/- Rs.7,840 x 12 x 16 = 15,05,280/- 1 AIR 2017 SC 5157 - 27 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 17. There are 7 petitioners. The petitioners are entitled to Rs.48,000/- each towards loss of consortium i.e., Rs.48,000x7=3,36,000/-. In addition to it, the petitioners are entitled to Rs.36,000/- towards the funeral expenses and the loss of estate. Thus, the petitioners in M.V.C.No.254/2014 are entitled to a total compensation of Rs.18,77,280/- as against Rs.10,58,400/-. Accordingly, the petitioners in M.V.C.No.254/2014 are entitled to an enhanced compensation of Rs.8,18,880/-. Regarding M.F.A.No.103723/2017: 18. The deceased Eshwarappa was the driver of the lorry bearing registration No.AP-02/W-8388. The petitioners in MVC No. 255/2014 have contended that the deceased used to earn Rs.10,000/- p.m. plus Bhata. To prove the income of the deceased Eshwarappa, the petitioners have not produced any income proof. The accident occurred in 2013. Admittedly, the petitioners have produced the driving license of the deceased, which goes to show that he was the driver. The tribunal has taken the income of the deceased - 28 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS Eshwarappa at Rs.6,000/-, which is on the lower side. This Court re-assesses the income of the deceased at Rs.10,000/- p.m. The deceased was aged about 30 years old as of the date of the accident. As stated supra, in view of the proposition of law laid down by the Hon’ble Apex Court in the case of Pranay Sethi (supra), 40% future prospects is to be added to the income of the deceased. As there are 6 petitioners, 1/4th is to be deducted towards the personal expenses of the deceased. The multiplier applicable to the age group of the deceased is 17. Thus, the petitioners in M.F.A.No.103723/2017 (M.V.C.No.255/2014) are entitled to compensation towards the head loss of dependency as follows: Rs.10,000 + 4,000 (40% of Rs.10,000/-) = 14,000/- Rs.14,000 – 3,500 (1/4th of Rs.14,000/-) = 10,500/- Rs.10,500 x 12 x 17 = 21,42,000/- 19. There are 6 petitioners. The petitioners are entitled to Rs.48,000/- each towards loss of consortium i.e., Rs.48,000x6=2,88,000/-. In addition to it, the petitioners - 29 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS are entitled to Rs.36,000/- towards the funeral expenses and the loss of estate. Thus, the petitioners in M.V.C.No.255/2014 are entitled to a total compensation of Rs.24,66,000/- as against Rs.12,53,400/- as awarded by the tribunal. Accordingly, the petitioners in M.V.C.No.255/2014 are entitled to an enhanced compensation of Rs.12,12,600/-. As observed above, 20% contributory negligence is fastened on the driver of the lorry bearing registration No.AP-02/W-8388 i.e., on the deceased Eashwarappa, the petitioners are entitled to 80% of the total compensation. 20. Regarding M.F.A. No.103724/2017: The petitioner in MVC 253/2014, has contended that he was an agriculturist and used to earn Rs.1,50,000/- per annum, wherein the Tribunal has considered the income at Rs.5,000/- p.m., which is on the lower side. To prove the disability, the petitioner has examined the doctor as PW-4, who has opined that the petitioner has suffered a permanent disability to the extent of 60% to the whole - 30 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS body, wherein the Tribunal has assessed the permanent disability at 15%. Considering the evidence of PW-4, the doctor, this Court is of the opinion that the disability taken by the tribunal is just and proper. The petitioner has not produced any income proof, to prove his income. In the absence of income proof, the income is to be taken at Rs.7,000/- p.m., since the accident occurred in 2013. The petitioner is aged about 28 years old as of the date of the accident. The multiplier applicable to the age group of the petitioner is 17. Thus, the loss of future earning capacity is worked out as under: Rs.7,000 x 12 x 17 x 15%=2,14,200/-. 21. Accordingly, this Court reassesses the compensation under the following heads : Sl.No. HEADS AMOUNT 1. Pain and suffering Rs.50,000/- 2. Medical expenses Rs.1,25,000/- 3. Loss of future earning capacity Rs.2,14,200/- 4. Loss of amenities Rs.50,000/- 5. Loss of income during laid up period Rs.21,000/- Total Rs.4,60,200/- Less: Compensation awarded by the Tribunal Rs.3,38,000/- Enhanced compensation Rs.1,22,200/- - 31 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS 22. Thus, in all, the petitioner in M.V.C.No.253/2014 is entitled to a total compensation of Rs.4,60,200/- as against Rs.3,38,000/- and to an enhanced compensation of Rs.1,22,200/-. 23. In view of the above discussion, I proceed to pass the following order : ORDER (i) M.F.A.No.100813/2017 filed by Bajaj Allianz General Insurance Company is allowed. (ii) The judgment and award dated 15.11.2016 passed in M.V.C No.255/2014 by the learned Member, M.A.C.T,-XII, Ballari is set aside against Bajaj Allianz General Insurance Company. (iii) M.F.A.Nos.100814/2017 and 100815/2017 filed by Bajaj Allianz General Insurance Company are dismissed. (iv) The appeal in M.F.A. No.103722/2017 filed by the petitioners in M.V.C.No.254/2014 is allowed in part. The petitioners are entitled to an enhanced compensation of Rs.8,18,880/- with - 32 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS interest at the rate of 6% p.a. from the date of the petition till the date of realization. (v) The appeal in M.F.A.No.103723/2017 filed by the petitioners in M.V.C.No.255/2014 is allowed in part. The petitioners are entitled to compensation of Rs.9,70,080/-(80% of the enhanced compensation of Rs.12,12,600/-) with interest at the rate of 6% p.a. from the date of the petition till realization. (vi) The appeal in M.F.A. No.103724/2017 filed by the petitioner in M.V.C.No.253/2014 is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,22,200/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. (vii) Consequently, the judgment and award dated 15.11.2016 passed in M.V.C No.253/2014, 254/2014 and 255/2014 by the learned Member, M.A.C.T,-XII, Ballari is modified. (viii) The respondent-Shriram General Insurance Company and ICICI Lombard General Insurance Company are liable to pay the compensation to the extent of 40% each to the petitioners. - 33 - HC-KAR NC: 2025:KHC-D:11872 MFA No. 100814 of 2017 C/W MFA No. 100813 of 2017 MFA No. 100815 of 2017 AND 3 OTHERS (ix) Bajaj Allianz General Insurance Company is liable to pay 20% of the compensation to the petitioners in M.V.C.No.253/2014 and 254/2014. (x) The Insurance Companies are directed to deposit the compensation amount with accrued interest within a period of eight weeks from the date of receipt of a copy of this judgment. (xi) The amount deposited by the appellant herein- Bajaj Allianz General Insurance Company in M.F.A.No.100813/2017 is ordered to be refunded to the appellant. (xii) The office is directed to transmit the amount in deposit and the trial Court records to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT:ANB List No.: 1 Sl No.: 29