- 1 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 6502 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 7880 OF 2022 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 8151 OF 2022 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 8160 OF 2022 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 8179 OF 2022 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 721 OF 2024 (MV-D) IN MFA No. 6502/2023 BETWEEN: 1. VEERANAGOUDA C.M., S/O LATE CHANNABASAVANAGOWDA, AGED ABOUT 58 YEARS, 2. SMT. LATHA.V.M., W/O VEERANAGOWDA C.M., AGED ABOUT 51 YEARS, OCC: HOUSEWIFE, BOTH APPELLANTS ARE DOOR NO. 919/1, 1ST MAIN, 4TH CROSS, VINOBHANAGARA, DAVANAGERE - 577 004. …APPELLANTS (BY SRI. SURESH R., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS AND: 1. HASAN BIN MOHIUDDIN KALAGERI, ADULTS, VILLAGE ANKALT, CHIKKODI TALUK, BEGALUM DISTRICT - 591 213. 2. DIVISIONAL MANAGER, UNITED INDIA INSURANCE, COMPANY LIMITED, NN COMPLEX-KESHWAPUR, HUBLI - 580 023. 3. SRI. NINGAPPA M., S/O NAGAPPA P, MAJOR, OCCU: CONTRACTOR WORK, RESIDING AT: DOOR NO. 1984/72 A-28, 12TH CROSS, 3RD MAIN, YALLAMMANAGAR, DAVANAGERE - 577 006. 4. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, 2ND STAGE, HARIHANTHA PLAZA, KUSUGAL ROAD, HUBALLI - 580 023. …RESPONDENTS (BY SRI. SHANKAR REDDY, ADVOCATE FOR R2, VIDE ORDER DATED 02.04.2025 NOTICE TO R1 IS DISPENSED WITH, R3 SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2022 PASSED IN MVC NO.48/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS IN MFA NO. 7880/2022 BETWEEN: 1. SMT. SHOBHA, W/O MAHADEVAGOUDA M. AVATE, AGED ABOUT 49 YEARS, OCC:HOUSEHOLD WORK, 2. MAHADEVAGOUDA M. AVATE, S/O. MALLAPPAGOUDA, AGED ABOUT 53 YEARS, OCC:HOUSEHOLD WORK, RESIDING AT DOOR NO.76/2, 4TH MAIN, 7TH CROSS, YALLAMMA NAGAR, DAVANAGERE - 577 006. ...APPELLANTS (BY SRI. SATISHCHANDRA R., ADVOCATE) AND: 1. HASAN BIN MOHIUDDIN KALAGERI, ADULTS, VILLAGE ANKALT, CHIKKODI TALUK, BELGAUM DISTRICT - 591 213. 2. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, NN COMPLEX-KESHWAPUR, HUBLI - 580 023. 3. SRI. NINGAPPA M S/O NAGAPPA P, MAJOR, OCCU.CONTRACTOR WORK, RESIDING AT DOOR NO.1984/72, A-28, 12TH CROSS, 3RD MAIN, YALLAMMANAGAR, DAVANAGERE - 577 006. - 4 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS 4. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, 2ND STAGE, HARIHANTHA PLAZA, KUSUGAL ROAD, HUBALI - 580 023. ...RESPONDENTS (BY SRI.C. SHANKAR REDDY., ADVOCATE FOR R2, SRI. R.S. DOODDADYAVANNANAVAR, ADV. FOR R3, SRI. K. SRIDHARA, ADVOCATE FOR R4 VIDE ORDER DATED:02.04.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.08.2022 PASSED IN MVC NO.09/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8151/2022 BETWEEN: THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE: NN COMPLEX-KESHWAPUR, HUBLI - 580 023 NO.274/4 TO 12, 2ND FLOOR, MALLIKARJUNA TOWERS, PARVASI MANDIR ROAD, DAVANAGERE - 577 002. REPT BY ITS DIVISIONAL MANAGER. ...APPELLANT (BY SRI. SHANKARA REDDY C., ADVOCATE) AND: - 5 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS 1. SMT. KAMALABAI, W/O LATE THIMOGIRAO P., AGED ABOUT 49 YEARS, R/AT 4TH MAIN 7TH CROSS, YELLAMMA NAGAR, DAVANAGERE - 577 002. 2. SRI. HASAN MOHIDDIN KALAIGAR S/O MOHIDDIN, AGED ABOUT 49 YEARS, DRIVER CUM OWNER OF LORRY VEHICLE BEARING REG NO. KA-22-B-0376 R/AT CHIKKODI ANKALI KOT, VILLAGE ANKALT, NEAR HARALAIAH MANDIRA, CHIKKODI TALUK, BELAGAUM DISTRICT. 3. SRI NINGAPPA N., S/O NAGAPPA P., AGED ABOUT 56 YEARS, R/AT: D.NO.1984/72 A-28, 3RD MAIN, 12TH CROSS, YALLAMMANAGAR, DAVANAGERE - 577 004. OWNER OF CAR BEARING REG NO KA-17/P-0950) 4. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, 2ND STAGE, HARIHANTHA PLAZA, KUSUGAL ROAD, HUBLI - 580 023. (INSURER OF CAR BEARING REG NO.KA-17-P-950) ...RESPONDENTS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE, SRI. K. SRIDHARA, ADVOCATE FOR R4, R2, R3 ARE SERVED AND UNREPRESENTED) - 6 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.08.2022 PASSED IN MVC NO. 707/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE, AWARDING COMPENSATION OF RS.22,77,400/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA NO. 8160/2022 BETWEEN: THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE: NN COMPLEX-KESHWAPUR, HUBLI - 580 023 NOW AT: NO.274/4 TO 12, 2ND FLOOR, MALLIKARJUNA TOWERS, PARVASI MANDIR ROAD, DAVANAGERE - 577 002. REPT BY ITS DIVISIONAL MANAGER. ...APPELLANT (BY SRI. SHANKARA REDDY C., ADVOCATE) AND: 1. SMT. SHOBHA, W/O. MAHADEVAGOUDA.M. AVATE, AGED ABOUT 49 YEARS, R/AT DOOR NO. 76/2, 4TH MAIN, 7TH CROSS, YALLAMMA NAGAR, DAVANAGERE. 2. SRI. MAHADEVAGOUDA. M. AVATE S/O. MALLAPPAGOUDA AVATE, AGED ABOUT 53 YEARS, R/AT DOOR NO. 76/2, - 7 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS 4TH MAIN, 7TH CROSS, YALLAMMA NAGAR, DAVANAGERE. 3. SRI. HASAN BIN MOHIDDIN KALAIGAR, ADULTS, AGED ABOUT 49 YEARS, DRIVER CUM OWNER OF LORRY VEHICLE BEARING REG. NO. KA-22-B-0376, R/AT CHIKKODI ANKALI KOT, NEAR HARALAIAH MANDIRA, CHIKKODI TALUK, BELAGUM DISTRICT. 4. SRI. NINGAPPA. N., S/O. NAGAPPA. P, AGED ABOUT 56 YEARS, R/AT 3RD MAIN, 12TH CROSS, YALLAMMANAGAR, DAVANAGERE. (OWNER OF CAR BEARING REG. NO. KA-17-P-950) 5. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, 2ND STAGE, HARIHANTHA PLAZA, KUSUGAL ROAD, HUBALLI - 580 023. ...RESPONDENTS (BY SRI. SATISHCHANDRA R., ADVOCATE, SRI. R.S. DODDADYAVANNANAVAR, ADVOCATE FOR R4 SRI. K. SRIDHARA, ADVOCATE FOR R5, R3 IS SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.08.2022 PASSED IN MVC NO.09/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, DAVANAGERE, AWARDING COMPENSATION OF - 8 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS RS.22,77,400/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 8179/2022 BETWEEN: THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE: NO.274/4 TO 12, 2ND FLOOR, MALLIKARJUNA TOWERS, PARVASI MANDIR ROAD, DAVANAGERE - 577 002. REPT BY ITS DIVISIONAL MANAGER. ...APPELLANT (BY SRI. SHANKARA REDDY C., ADVOCATE) AND: 1. VEERANAGOUDA C.M., S/O LATE CHANNABASAVANAGOWDA, AGED ABOUT 57 YEARS, R/AT.DOOR NO. 919/1, 1ST MAIN, 4TH CROSS, VINOBHANAGARA, DAVANAGERE. 2. SMT. LATHA.V.M., W/O VEERANAGOWDA C.M., AGED ABOUT 51 YEARS, R/AT.DOOR NO. 919/1, 1ST MAIN, 4TH CROSS, VINOBHANAGARA, DAVANAGERE - 577 004. 3. SRI. HASAN BIN MOHIUDDIN, KALAIGAR, ADULTS, AGED ABOUT 49 YEARS, DRIVER CUM OWNER OF LORRY VEHICLE BEARING REG. NO. KA-22-B-0376, R/AT CHIKKODI ANKALI KOT, NEAR HARALAIAH MANDIRA, - 9 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS CHIKKODI TALUK, BELAGUM DISTRICT. 4. SRI. NINGAPPA. N., S/O. NAGAPPA. P., AGED ABOUT 56 YEARS, R/AT 3RD MAIN, 12TH CROSS, YALLAMMANAGAR, DAVANAGERE. (OWNER OF CAR BEARING REG. NO. KA-17-P-0950) 5. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, 2ND STAGE, HARIHANTHA PLAZA, KUSUGAL ROAD, HUBALLI - 580 023. ...RESPONDENTS (BY SRI. SURESH R., ADVOCATE FOR R1 & R2, SRI. R.S. DODDADYAVANNANAVAR, ADVOCATE FOR R4, SRI. K. SIRDHARA, ADVOCATE FOR R5, R3 IS SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.08.2022 PASSED IN MVC NO.09/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, DAVANAGERE, AWARDING COMPENSATION OF RS.22,77,400/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 721/2024 BETWEEN: 1. SMT. KAMALABAI, W/O LATE THIMMOGIRAO P., AGED ABOUT 51 YEARS, OCC:HOUSE WIFE, R/AT 4TH MAIN, 7TH CROSS, - 10 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS YALLAMMA NAGAR, DAVANAGERE - 577 004. ...APPELLANT (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. HASAN BIN MOHIUDDIN, KALAGERI, ADULTS, VILLAGE ANKALT, CHIKKODI TALUK, BELAGAUM DIST - 591 213. OWNER OF LORRY BEARING REGISTRATION NO KA 22/B-0376 2. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, NN COMPLEX KESHWAPUR, HUBLI - 580 023. INSURER REG NO KA-22/B-0376. 3. SRI. NINGAPPA M., S/O NAGAPPA P., MAJOR, OCC: CONTRACTOR WORK, R/O DOOR NO 1984/72,A-28 12TH CROSS, 3RD MAIN, YALLAMMANAGARA, DAVANAGERE - 577 004. OWNER OF CAR BEARING REG NO KA-17/P-0950) 4. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE: 2ND STAGE, HARIHANTHA PLAZA, KUSUGAL ROAD, HUBALI - 580 023. ...RESPONDENTS (BY SRI. C. SHANKARA REDDY.,ADVOCATE FOR R2, SRI. K. SRIDHARA, ADVOCATE FOR R4, VIDE ORDER DATED:27.08.2024 NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED - 11 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS 24.08.2022 PASSED IN MVC.NO.707/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, VI MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These six appeals, three by the Insurer being MFA No.8151/2022, 8160/2022 and 8179/2022 and three by the Claimants being MFA No.6502/2023, MFA No.7880/2022 and MFA No.721/2024. 2. The Insurer of the Lorry is in the appeals, calling in question the Common Judgment and award dated 24.08.2022 passed by the II Addl. Senior Civil Judge and JMFC, Davanagere (for short 'the Tribunal') in MVC No.707/2019, MVC No.09/2020 and MVC No.48/2020, in respect of contributory negligence as well as rate of - 12 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS interest @ 9% awarded by the Tribunal on the compensation. 3. The claimants filed the appeals supra on quantum of compensation. 4. The parties are referred to as per their rankings before the Tribunal. In MFA No.8151/2022, 8160/2022 and 8179/2022 5. Heard, Sri.C.Shankar Reddy., learned counsel appearing for the Appellant-Insurer in all three appeals, Sri.M.R.Hiremathad., learned counsel appearing for respondent No.1 and Sri.K.Sridhara., learned counsel appearing for respondent No.4 in MFA No.8151/2022. Sri.Sathishchandra.R., learned counsel appearing for respondents 1 & 2, Sri.R.S.Dodda Dyavannanavar., learned counsel appearing for respondent No.4 and Sri.K.Sridhara., learned counsel appearing for respondent No.5 in MFA No.8160/2022. - 13 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS Sri.Suresh.R., learned counsel appearing for respondents 1 and 2, Sri.R.S.Dodda Dyavannanavar., learned counsel appearing for respondent No.4 and Sri.K.Sridhara., learned counsel appearing for respondent No.5 in MFA No.8179/2022. 6. These three appeals are by the Insurer. Sri.Shankar Reddy., learned counsel argued on two points. Firstly, he submits that the Tribunal while apportioning contributory negligence, fastened 50% liability on the Lorry and 50% liability on the Car involved in the accident. He mainly submits that at the time of accident, the Lorry was parked, however it is the driver of the Car who came in driving rash & negligently and caused the accident. In these circumstances, the Tribunal has failed to consider this aspect of the matter and fastened 50% liability on the driver of the Lorry. Secondly, he submits that the Tribunal in the absence of any material to show the exceptional case made out by the claimants, awarded interest @ 9% per annum without there being any reason, which is - 14 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS exorbitant. He further submits that the Hon'ble Apex Court as well as this Court generally in motor vehicle cases maintaining interest @ 6% and sought to reduce the interest. Accordingly, he sought to allow the appeals and modify the Judgment and Award of the Tribunal. 7. Per contra, learned counsel appearing for the National Insurance Company (Insurer of the Car) as well as the claimants submit that the Tribunal after considering the entire material placed before it and the evidence i.e., oral as well as police records, has come to a conclusion that the accident is caused due to the rash & negligent driving of the driver of the Lorry, however while fastening the liability, the Tribunal has fastened 50% liability each on the driver of the Lorry as well as driver of the Car and made both the Insurer liable to pay the compensation. In these circumstances, there is no interference required at the hands of this Court with the Judgment and award of the Tribunal. With these, they sought to dismiss the appeals filed by the Insurer of the Lorry. - 15 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS 8. Having heard the rival submissions, we have perused the Judgment and award passed by the Tribunal as well as the Trial Court record. 9. Though the Tribunal has held while answering Issue No.1 that it is only the driver of the Lorry who is responsible for the accident, especially at paragraph No.35 of the Judgment made liable both the Insurer of the Car and Lorry to pay compensation in 50% ratio. In this view of the matter, the first limb of argument on the contributory negligence canvassed by the learned counsel appearing for the appellant cannot be countenanced. Accordingly, the same is rejected. 10. So far as the second limb of argument i.e., interest awarded @ 9% per annum, learned counsel for the Insurer submits that the Tribunal has not at all given any reason which required the higher rate of interest to be awarded for the compensation without there being any particulars to that effect. In large number of cases by the - 16 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS Hon'ble Apex Court as well as this Court and all other High Courts across the Country, the interest generally awarded in motor vehicle compensation cases at 6% per annum have been maintained in view of the same. 11. The learned counsel appearing for the Claimants are unable to point out the reason for awarding higher rate of interest. In the absence of any particulars, we are of the view that the Tribunal has erred in awarding 9% interest. Accordingly, the same is reduced to 6%, which is generally awarded in all motor vehicle cases across the Country. To that extent the appeals filed by the Insurer are allowed in part. In MFA No.6502/2023 12. This appeal is arising out of M.V.C.No.48/2022. Learned counsel for the appellant Sri.Suresh.R., submits that admittedly the driver who was driving the Car succumbed to the injuries. the Police records clearly indicates that the deceased was driving the Car. In this - 17 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS circumstance, the income considered by the Tribunal is on the down side, which requires to be considered in view of skilled labour is concerned. The Tribunal has considered the income at Rs.20,300/-. Though the Tribunal has taken income at Rs.20,300/-, however it has not added 40% towards future prospectus, considering the age of the deceased i.e., 21 years, which is lesser than 40 years in terms of the law laid down by the Hon'ble Apex Court in NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI reported in 2009 ACJ 1298. Further, the Tribunal has not considered to award appropriate compensation for loss of filial consortium as well as escalation of 10% on the conventional heads and accordingly, sought to allow the appeal. 13. Both the Insurer are not in dispute regarding the law settled by the Apex Court in PRANAY SETHI supra. In view of the same, the compensation awarded by the Tribunal requires reconsideration. Accordingly, this - 18 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS Court proceeds to reassess the compensation which reads as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of dependency 21,92,400-00 30,69,360-00 (20,300 + 40%x12x18x50%) 2. Loss of Estate 15,000-00 15,000-00 3. Loss of consortium 30,000-00 40,000-00 4. Funeral expenses 25,000-00 15,000-00 5. Love and affection 15,000-00 - 6. 10% escalation (for two terms of three completed years on conventional heads) - 14,000-00 TOTAL 22,77,400-00 31,53,360-00 14. Accordingly, the claimants are entitled for re- assessed compensation of Rs.31,53,360/- which shall carry interest at the rate of 6% from the rate of petition till realization. The United India Insurance Company is directed to deposit 50% of the re-determined compensation amount within 6 weeks from the receipt of certified copy of this order. In MFA No.7880/2022 15. This appeal is arising out of M.V.C.No.09/2022. Learned counsel Sri.Sathishchandra.R., with all - 19 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS vehemence submits that the deceased was an Engineering III year student. The five marks cards produced at Ex.P13 to P17, has not been properly considered by the Tribunal while ascertaining the income at the rate of Rs.20,300/-, which is far less. He further submits that the coordinate bench of this Court sitting at Dharwad, in MALLIKARJUN AND OTHERS VS. UMESH AND ANOTHER - MFA No.104894/2019 C/w MFA No.103864/2018 decided on 28.02.2020, considering the case of 3rd semester student, taken income at Rs.25,000/- and awarded compensation. Considering the same, in view of the fact that the deceased was also an Engineering student of 5th semester, we are of the opinion that the income should be taken at Rs.25,000/- per month and since he was below 40 years, 40% is required to be added towards future prospectus. The compensation awarded under the head of loss of consortium also requires to be enhanced. In view of the law laid down by the Hon'ble Apex Court in PRANAY SETHI supra, the claimants are entitled for 10% - 20 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS escalation on the compensation awarded under the conventional heads. In view of the same, the compensation awarded by the Tribunal requires reconsideration. Accordingly, this Court proceeds to reassess the compensation which reads as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of dependency 21,92,400-00 37,80,000-00 (25,000 + 40%x12x18x50%) 2. Loss of Estate 15,000-00 15,000-00 3. Loss of consortium 30,000-00 80,000-00 (40,000 X 2) 4. Funeral expenses 25,000-00 15,000-00 5. Love and affection 15,000-00 - 6. 10% escalation (for two terms of three completed years on conventional heads) - 22,000 TOTAL 22,77,400-00 39,12,000-00 16. Accordingly, the claimants are entitled for re- assessed compensation of Rs.39,12,000/- which shall carry interest at the rate of 6% from the rate of petition till realization. Both the Insurer are directed to deposit 50% each of the re-determined compensation amount within 6 weeks from the receipt of certified copy of this order. - 21 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS In MFA No.721/2024 17. This appeal is arising out of M.V.C.No.707/2019. The deceased was a young man aged 23 years, succumbed to the injuries and survived by his mother. The Tribunal having considered the age and occupation and the year of the accident, taken the income at Rs.20,300/- and after deducting 50%, awarded appropriate compensation. Though it is marginally excess, however considering the fact that mother is the only survivor and since we have already dismissed the appeal preferred by the Appellant-Insurer only on liability, we find no merits in this appeal to enhance the compensation. Accordingly, this appeal is dismissed, directing both the Insurance company to deposit 50% each of the compensation amount within 6 weeks from the receipt of certified copy of this order. 18. Accordingly, this Court proceeds to pass the following: - 22 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS ORDER (i) The appeals filed by Appellant - Insurer in MFA Nos.8151/2022, 8160/2022 and 8179/2022 are allowed in part. The challenge to the contributory negligence is dismissed and challenge to higher interest is allowed and interest is reduced from 9% to 6%. (ii) The appeal filed by Claimant in MFA No.721/2024 is dismissed. (iii) The appeal filed by Claimants in MFA No.6502/2023 is allowed in part. The claimants are entitled for re-assessed compensation of Rs.31,53,360/- with interest @ 6% per annum from the date of petition till realization. The United India Insurance Company is directed to deposit 50% of the re-determined compensation amount within 6 weeks from the receipt of certified copy of this order. (iv) The appeal filed by Claimants in MFA No.7880/2022 is allowed in part. The - 23 - HC-KAR NC: 2026:KHC:14354-DB MFA No. 6502 of 2023 C/W MFA No. 7880 of 2022 MFA No. 8151 of 2022 AND 3 OTHERS claimants are entitled for re-assessed compensation of Rs.39,12,000/- with interest @ 6% per annum from the date of petition till realization. Both the Insurer are directed to deposit 50% each of the re- determined compensation amount within 6 weeks from the receipt of certified copy of this order. (v) The apportionment and disbursement is as per the order of the Tribunal. (vi) The trial Court record shall be transmitted forthwith to the concerned Tribunal without causing any delay. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN ct: vn List No.: 1 Sl No.: 24