- 1 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO. 7277/2023 (MV-I) C/W M.F.A. NO.6671/2023 (MV-I), M.F.A. NO.6694/2023 (MV-I), M.F.A. NO.6695/2023 (MV-D), M.F.A. NO.6699/2023 (MV-I), M.F.A. NO.7335/2023 (MV-I) AND M.F.A. NO.7336/2023 (MV-I) IN MFA NO.7277/2023 BETWEEN: AFREN FATIMA AGED ABOUT 23 YEARS, D/O LATE SHAHABUDDIN KHAN, PRESENTLY RESIDING AT NUMBER 3057, 5TH MAIN, KUMARASWAMY LAYOUT, 1ST STAGE, BANGALORE-560078. …APPELLANT (BY SRI. ARJUN REGO, ADV.) AND: 1. NATIONAL INSURANCE CO. LTD., NO.144, 2ND FLOOR, SHUBHARAM COMPLEX, MG ROAD, BENGALURU-560001 REP. BY ITS MANAGER. 2. PUSHPA AGED ABOUT 62 YEARS, DAUGHTER OF MADAN, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS 8/147, PANATHIL MEETHAL, CHENGOTTUKAVU PO, KOZHIKODE, KERALA-673306 OWNER OF MARUTI RITZ CAR KL-14/L-4800. …RESPONDENTS (BY SRI. ANUP SEETHARAM RAO, ADV. FOR R1 R2 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO.5851/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6671/2023 BETWEEN: NATIONAL INSURANCE COMPANY LTD., NO.144, 2ND FLOOR SUBHARAM COMPLEX M G ROAD, BENGALURU-560001 REP. BY ITS DEPUTY MANGER SMT. REKHA S MENON. ...APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADV.) AND: 1. MRS. NARGIS FATIMA SYED AGED ABOUT 49 YEARS W/O LATE SHAHABUDDIN KHAN R/AT NO.214, 8TH CROSS JSBCS LAYOUT, J P NAGAR POST BENGALURU -560078. 2. MRS. PUSHPA AGED ABOUT 62 YEARS D/O DR. MADAN R/AT NO. S.147, PANATHIL MEETHAL CHENGOTTUKAVU POST, KOZHIKODE - 3 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS KERALA STATE 673306 (OWNER OF CAR NO.KL -14-L 4800). ...RESPONDENTS (BY SRI. ARJUN REGO, ADV.F OR R1 R2 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO. 5849/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MACT, BENGALURU SCCH-19, AWARDING COMPENSATION OF RS.2,15,000/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 6694/2023 BETWEEN: NATIONAL INSURANCE COMPANY LTD., NO.144, 2ND FLOOR SUBHARAM COMPLEX, M G ROAD BENGALURU-560001 REP. BY ITS DEPUTY MANAGER SMT. REKHA S MENON. ...APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADV.) AND: 1. MR. MOHAMMED NAUMAN KHAN S/O LATE SHAHABUDDIN KHAN AGED ABOUT 28 YEARS R/AT NO.3057, 5TH MAIN, KUMARASWAMY LAYOUT, I STAGE BENGALURU-560078. 2. MRS. PUSHPA D/O MR. MADAN AGED ABOUT 62 YEARS R/AT NO.8.147, PANATHI MEETHAL CHENGOTTUKAVU POST, KOZHIKODE KERALA STATE-673306 (OWNER OF CAR NO.KL-14-L-4800). ...RESPONDENTS (BY SRI. ARJUN REGO, ADV. FOR R1 R2 SERVED & UNREPRESENTED) - 4 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO.5850/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU SCCH-19, AWARDING COMPENSATION OF RS.4,70,200/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 6695/2023 BETWEEN: M/S. NATIONAL INSURANCE CO.LTD., II FLOOR, NOOR COMPLEX, ALAYIDATH PALAM, NEAR SBT MAVOOR ROAD, P B NO.811, KOZHI KODE KERALA, THROUGH ITS REGIONAL OFFICE, NO.144, II FLOOR, SUBHARAM COMPLEX, M G ROAD, BENGALURU-560001. ...APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADV.) AND: 1. MRS. NARGIS FATIMA SYED W/O LATE SHAHABUDDIN KHAN AGED ABOUT 49 YEARS R/AT NO.214, 8TH CROSS JHBCS LAYOUT, J P NAGAR POST BENGALURU-560078. 2. MR. MOHAMMED NAUMAN KHAN S/O LATE SHAHABUDDIN KHAN AGED ABOUT 28 YEARS R/A NO.3057, 5TH MAIN KUMARASWAMY LAYOUT I STAGE BENGALURU-560078. 3. MS. AFREEN FATIMA D/O LATE SHAHABUDDIN KHAN AGED ABOUT 24 YEARS R/AT NO.3057, 5TH MAIN KUMARASWAMY LAYOUT I STAGE BENGALURU-560078. - 5 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS 4. MRS. PUSHPA D/O MR. MADAN AGED ABOUT 62 YEARS R/AT NO.8. 147, PANATHI MEETHAL CHENGOTTUKAVU POST,KOZHIKODE, KERALA STATE-673306 (OWNER OF CAR NO.KL-14-L-4800). ...RESPONDENTS (BY SRI. ARJUN REGO, ADV. FOR R1 TO R3 R4 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED IN MVC NO.5653/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU SCCH-19, AWARDING COMPENSATION OF RS.41,45,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 6699/2023 BETWEEN: NATIONAL INSURANCE COMPANY LTD., NO.144, 2ND FLOOR SUBHARAM COMPLEX, M G ROAD BENGALURU-560001 REP. BY ITS DEPUTY MANAGER SMT. REKHA S MENON. ...APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADV.) AND: 1. MRS. AFREEN FATIMA D/O LATE SHAHABUDDIN KHAN AGED ABOUT 23 YEARS R/AT NO.3057, 5TH MAIN, KUMARASWAMY LAYOUT I STAGE, BENGALURU-560078. 2. MRS. PUSHPA D/O MR. MADAN AGED ABOUT 62 YEARS - 6 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS R/AT NO.8.147, PANATHI MEETHAL CHENGOTTUKAVU POST, KOZHIKODE KERALA STATE-673306 (OWNER OF CAR NO.KL-14-L-4800) ...RESPONDENTS (BY SRI. ARJUN REGO, ADV. FOR R1 R2 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO.5851/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU (SCCH-19), AWARDING COMPENSATION OF RS. 3,53,000/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 7335/2023 BETWEEN: 1. NARGIS FATIMA SYED AGED ABOUT 49 YEARS, WIFE OF LATE SHAHBUDDIN KHAN, PRESENTLY RESIDING AT NO.214, 8TH CROSS, JHBC LAYOUT, J P NAGAR POST, BANGALORE- 560078. 2. MOHAMMED NAUMAN KHAN AGED ABOUT 27 YEARS, SON OF LATE SHAHBUDDIN KHAN, PRESENTLY RESIDING AT NO.3057, 5TH MAIN, KUMARASWAMY LAYOUT 1ST STAGE, BANGALORE-560078. 3. AFREEN FATIMA AGED ABOUT 23 YEARS, D/OF LATE SHAHABUDDIN KHAN, PRESENTLY RESIDING AT NO.3057, 5TH MAIN, - 7 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS KUMARASWAMY LAYOUT, 1ST STAGE, BANGALORE-560078. ...APPELLANTS (BY SRI. ARJUN REGO, ADV.) AND: 1. NATIONAL INSURANCE CO. LTD., 2ND FLOOR, NOOR COMPLEX, ALAYIDATH PALAM, NEAR SBT MAVOOR ROAD, P.B.NO.811 KOZHIKODE, KERAL REP. BY ITS GENERAL MANAGER. 2. PUSHPA AGED ABOUT 60 YEARS, DAUGHTER OF MADAN, OWNER, MARUTI RITZ CAR KL 14 L 4800, 8/147, PANATHIL MEETHAL, CHENGOTTUKAVU PO, KOZHIKODE, KERALA-673306. ...RESPONDENTS (BY SRI. ANUP SEETHARAMA RAO, ADV. FOR R1 R2 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED IN MVC NO.5653/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU, SCCH-19, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7336/2023 BETWEEN: NARGIS FATIMA SYED AGED ABOUT 49 YEARS, W/OF LATE SHAHABUDDIN KHAN, PRESENTLY R/AT 214, 8TH CROSS, JHBCS LAYOUT, - 8 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS J P NAGAR POST, BANGALORE- 560078. ...APPELLANT (BY SRI. ARJUN REGO, ADV.) AND: 1. NATIONAL INSURANCE CO. LTD., NO.133, 2ND FLOOR, SHUBHARAM COMPLEX, MG ROAD, BENGALURU-560001. 2. PUSHPA D/OF MADAN, AGED ABOUT 62 YEARS, OWNER MARUTI RITZ CAR, KL 14 L 4800, 8/147, PANATHIL MEETHAL, CHENGOTTUKAVU PO, KOZHIKODE, KERALA-673306. ...RESPONDENTS (BY SRI. ANUP SEETHARAMA RAO, ADV. FOR R1 R2 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO. 5849/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE, MACT, XXIII ACMM, MAYO HALL UNIT, BENGALURU (SCCH- 19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 9 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) These batch of appeals arise out of the same accident which had occurred on 10.10.2016 involving car bearing registration No.KA-53-M-3426 and car bearing registration No.KL-14-L-4800 on the Nanjangud-Gundlupet Highway. 2. Insurer is before this Court in MFA.No.6671/2023, MFA.No.6694/2023, MFA.No.6695/2023 and MFA.No.6699/2023 questioning the negligence, saddling of 100% liability on it, without examining the contributory negligence by the other car. The claimants in MFA.No.7277/2023, MFA.No.7335/2023 and MFA.No.7336/2023 are in appeal not being satisfied with the quantum of compensation, praying for enhanced compensation. 3. The deceased and injured were traveling in car bearing registration No.KA-53-M-3426 and were - 10 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS proceeding from Bengaluru to Ooty on the Nanjanagud- Gundlapet Highway. A car bearing registration No.KL-14-L- 4800 was coming from Gundlapet towards Nanjanagud. The accident that occurred on 10.10.2016 involving the above noted two cars is not in dispute. So also, the death of Shahabuddin Khan and injuries to other claimants is also not in dispute. 4. Heard learned counsel Sri.Anup Seetharam Rao for appellants/insurance company and learned counsel Sri.Arjun Rego for respondents/claimants. Perused the entire appeal papers including the Trial Court Records. 5. Learned counsel Sri.Anup Seetharam Rao for insurer would contend that the accident occurred on the middle of the road on Nanjangud-Gundlapet highway in front of Hotel Deluxe, due to the negligent driving of both the drivers of the car. Further, he submits that both the drivers of the car were driving the car at high speed and both the drivers were negligent, which resulted in the - 11 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS accident on the middle of the road. Learned counsel would submit that, the Tribunal without considering the documents at Ex.P12 – sketch, Ex.P19 – IMV report and the evidence of PW1 – eyewitness has saddled 100% liability on the appellant-insurance company. Further, learned counsel would submit that, the appellant- insurance company has specifically contended that the insurer of the car in which the deceased and the injured were traveling was also necessary and proper party to the claim petition. Without considering the same, the Tribunal erroneously come to the conclusion that the accident occurred solely due to the negligence of the driver of the car bearing registration No.KL-14-L-4800. Further, learned counsel would contend that since the accident had occurred due to the negligence of both the drivers of the car, the Tribunal ought to have considered contributory negligence and saddled negligence equally on the drivers of both the cars. Thus, learned counsel for the - 12 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS appellant/insurance company would pray for modification of the judgment and award passed by the Tribunal. 6. On the other hand, learned counsel Sri.Arjun Rego for respondent/claimant insofar as the negligence is concerned would submit referring to Ex.P12 – sketch that the accident had not occurred on the middle of the road. Further, he submits that the car in which the deceased and injured were traveling was proceeding from Nanjunagud to Gundlupet on the left side, whereas the offending car which was coming on the opposite side from Gundlupet to Nanjunagud steered right and dashed the car in which the deceased and injured were traveling. He submits that at the spot of the accident, road width was 40 feet, whereas the offending car had 25 feet on its side. Therefore, he submits that the accident occurred solely due to the negligent driving of the offending vehicle and the Tribunal has rightly saddled liability on the offending vehicle. - 13 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS 7. In the appeal filed by the insurer, where the insurer has questioned only saddling of liability entirely upon it without examining the contributory negligence, the following point would fall for our consideration: Whether the Tribunal is justified in saddling 100% liability on the appellant/insurance company, without examining the contributory negligence? 8. The answer to the above point would be in the negative for the following reasons: As recorded above, the accident in question, death of Shahabuddin Khan and injuries sustained by other claimants is not disputed in these appeals. The insurer is in appeal with regard to the non-consideration of negligence and saddling of entire liability on it. Ex.P12 sketch would indicate that at the spot of accident, the road width was 40 feet. The car in which the deceased and injured were traveling was proceeding from Nanjanagud to Gundlupet on the left side, within 15 feet from the left side. Whereas, the offending car which was coming from - 14 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS Gundlapet to Nanjanagud steered right and dashed the car in which deceased and injured were traveling. At the spot of accident, the offending car had 25 feet on its left, whereas the car in which the deceased and injured were traveling had only 15 feet on its left. Thus, it would be clear that the driver of the offending car was totally negligent and his negligence resulted in occurrence of the accident. 9. We have perused Ex.P19 – Motor vehicle Inspector report insofar as both the cars are concerned. Both the cars have sustained damages and photographs also would indicate the damage sustained by both the cars. By looking to the damage to the vehicle or seeing photographs, the negligence cannot be determined. PW1 in her evidence who was traveling along with the deceased was deposed that it was head on collusion. All the suggestions made by the insurance company in the cross- examination have been denied by PW1. The suggestion that there was no fault on the part of the offending vehicle - 15 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS is also denied as not true. The evidence of PW1 would not in any way support the contention of the appellant/insurance company. The Tribunal has rightly come to the conclusion that on considering spot sketch and charge sheet, that driver of the offending vehicle drove in a rash and negligent manner and dashed to the claimant's vehicle, which was coming from the opposite side and caused the accident. We are in agreement with the finding of the Tribunal with regard to saddling negligence on the offending car and liability on the insurance company. 10. MFA.No.7335/2023 relates to enhancement of compensation in respect of deceased. It is stated that deceased was working as First Division Assistant in the Revenue Department. Ex.P37 is the salary certificate dated 26.05.2022, which would indicate that the deceased was earning a total salary of Rs.29,749/- per month and Ex.P31 would indicate that the deceased was Ex-military - 16 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS Personnel and was receiving military pension of Rs.1,98,011/- per annum. 11. Learned counsel for the claimants would submit that the income assessed by the Tribunal insofar as the deceased is concerned is on the lower side and would submit that the Military Pension of the deceased is not taken into consideration while determining the income of the deceased. Further, learned counsel would submit that taking into consideration the military pension of the deceased, the income of the deceased ought to be re- assessed. 12. Per contra, learned counsel Sri.Anup Seetharam Rao for insurer would submit that rightly military pension is not taken into consideration while determining the income of the deceased since the wife of the deceased i.e., claimant No.1 would continue to receive the military pension. Further, learned counsel would submit that while determining the income of the deceased, the Tribunal has - 17 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS not deducted the income tax. Therefore, he prays for revising the income of the deceased by deducting the income tax from his gross salary. 13. Having heard the learned counsel for the insurer and claimants, the only point which falls for our consideration in MFA.No.7335/2023 is as to, Whether the claimants would be entitled for enhancement of compensation? 14. The answer to the above point would be in the affirmative for the following reasons: The claimants have proved that the deceased was working as First Division Assistant in Revenue Department by placing on record Ex.P37 – salary certificate bearing employee No.2521672 issued by the DPAR and Accounts- C, Karnataka Government Secretariat. The above salary certificate at Ex.P37 would indicate that the deceased was receiving gross salary of Rs.29,749/- p.m., and from the said gross salary, professional tax of Rs.200/- per month and income tax is liable to be deducted. However, while - 18 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS determining the income, the Tribunal has ignored the military pension received by the deceased in terms of Ex.P31. However, the first claimant, wife may not receive the entire military pension received by the deceased in terms of Ex.P31. The claimant No.1, the wife of the deceased would be entitled to family pension which according to the learned counsel for the claimant would be 50% of the military pension. In the absence of any material placed on record to indicate the family pension received by the first claimant, we take 50% of the total monthly pension received by the deceased. The Tribunal has rightly added 30% towards future prospect, taking note of the age of the deceased as 46 years and rightly deducted 1/3rd towards personal and living expenses of the deceased. The Tribunal has also rightly added Rs.40,000/- each towards consortium. The claimants will be entitled for 10% enhancement in terms of judgment of the Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY - 19 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS LIMITED VS. PRANAY SETHI & OTHERS1. Thus, the income of the deceased is re-assessed as follows: Rs.29,749 X 12 = 3,56,988 + 50% of pension = 99,005/-. Total = Rs.4,55,993/-. Less income tax and professional tax of Rs.12,699/-. Total income after Tax = Rs.4,43,294/-. Add 30% future prospects i.e., Rs.5,76,282/- 1/3rd deduction i.e., Rs.192094/- = 3,84,188/- Applicable multiplier is 13. i.e., Rs.3,84,188/- X 13 = Rs.49,94,444/- 15. In terms of the decision of the Hon’ble Apex Court in MAGMA GENERAL INSURANCE COMPANY LIMITED VS. NANU RAM & OTHERS2, the claimants would be entitled for consortium at Rs.40,000/- and 10% of enhancement. The Tribunal also failed to award 10% enhanced compensation on the head of loss of estate and funeral expenses, which the claimants would be entitled. Hence, the claimants would be entitled to modified compensation under the following heads: 1 AIR 2017 SC 5157 2 2018 ACJ 2782 - 20 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS Sl.No. PARTICULARS AMOUNT 1. Loss of dependency Rs. 49,94,444/- 2. Loss of consortium (Rs.44,000 each) Rs. 1,32,000/- 3. Loss of estate Rs. 16,500/- 4. Funeral expenses Rs. 16,500/- TOTAL Rs. 51,59,444/- 16. Thus, the claimant would be entitled to a total compensation of Rs.51,59,444/- as against Rs.41,45,004/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization. 17. Thus, MFA.No.7335/2023 is partly allowed in the above terms. 18. In MFA.No.7277/2023, the claimant is in appeal not being satisfied with the quantum of compensation, prayed for enhancement of compensation. 19. The appellant/injured was aged 16 years as of the date of accident. The claimants have examined PW2- Doctor, who has stated that the claimant has suffered 20% disability to a particular limb and the Tribunal has rightly taken it to 1/3rd and assessed the whole body disability at 8%, which needs no interference. It is stated - 21 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS that the claimant was in-patient for 9 days and the Tribunal has rightly awarded Rs.14,000/- for transportation, nourishment, conveyance and attendant charges and Rs.10,000/- towards future medical expenses. 20. Learned counsel for the appellant would invite attention of this Court to discharge summary at Ex.P15 and submits that the claimant had suffered fracture of both the legs. Hence, he submits that the compensation awarded towards the head pain and sufferings and on the loss of amenities is on the lower side. 21. We have perused Ex.P15 and taking note of the treatment taken as in-patient, we deem it appropriate to enhance the compensation awarded on the head of pain and sufferings by another Rs.20,000/- and on the head of loss of amenities also by another Rs.20,000/-. Thus, the claimant would be entitled for the modified compensation as follows: - 22 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS Sl.No. PARTICULARS AMOUNT 1. Pain and Sufferings Rs. 80,000/- 2. Medical expenses Rs. 66,184/- 3. Transportation, Nourishment, Conveyance and attendant charges Rs. 14,000/- 4. Towards loss of income on account of permanent disability Rs. 1,72,800/- 5. Towards future medical expenses Rs. 10,000/- 6. Towards loss of amenities of life Rs. 50,000/- TOTAL Rs. 3,92,984/- 22. Thus, the claimant would be entitled to a total compensation of Rs.3,92,984/- as against Rs.3,52,984/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization. Thus, MFA.No.7277/2023 is allowed in part. 23. In MFA.No.7336/2023, the claimant is in appeal not being satisfied with the quantum of compensation. The claimant has examined PW2-Doctor, who has deposed that the claimant has suffered 35% cognitive disability. However, the Tribunal taking note of the fact that the claimant has been provided with compensatory ground appointment and taking note of the injuries sustained, was rightly of the opinion that there is no loss of future - 23 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS earning capacity on account of permanent disability. The Tribunal has rightly awarded compensation on various heads. On going through the entire material on record including the medical records, we are not inclined to interfere with the judgment and award passed by the Tribunal. Accordingly, MFA.No.7336/2023 stands dismissed. 24. Accordingly, we pass the following: ORDER a) MFA.No.7277/2023 & MFA.No.7335/2023 are partly allowed. b) In MFA.No.7335/2023, the impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to total compensation of Rs.51,59,444/- as against Rs.41,45,004/- awarded by the Tribunal. c) In MFA.No.7227/2023, the impugned judgment and award of the Tribunal is modified holding that the claimants would - 24 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS be entitled to total compensation of Rs.3,92,984/- as against Rs.3,52,984/- awarded by the Tribunal. d) In MFA.No.7227/2023 and MFA.No.7335/2023, the entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. e) The respondent-Insurance Company shall deposit the entire compensation amount with accrued interest before the Tribunal within four weeks from the date of receipt of certified copy of this judgment. f) Apportionment, deposit & disbursement shall be made as per the award of the Tribunal. g) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. h) Draw modified award accordingly. - 25 - HC-KAR NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS i) MFA.No.7336/2023, MFA.No.6671/2023, MFA.No.6694/2023, MFA.No.6695/2023 and MFA.No.6699/2023 stand dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 23