- 1 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3077 OF 2022(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.7071 OF 2021(MV-I) MISCELLANEOUS FIRST APPEAL NO.2215 OF 2022(MV-I) MISCELLANEOUS FIRST APPEAL NO.2219 OF 2022(MV-I) MISCELLANEOUS FIRST APPEAL NO.2255 OF 2022(MV-D) MISCELLANEOUS FIRST APPEAL NO.5668 OF 2022(MV-D) IN MFA NO. 3077/2022 BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., P.B. NO.88, REP BY ITS DIVISIONAL MANAGER NO.1137/947, 2ND FLOOR RUB BUILDING, A.A. CIRCLE, B.H. ROAD, SHIVAMOGGA-577201. …APPELLANT (BY SRI. RAVISH BENNI, ADVOCATE) AND: 1. SMT. SUPRIYA PADMANABHA, W/O Y.V. PADMANABHA, AGED ABOUT 71 YEARS, PARTNER, GUTTIYEDEHALLI, VENKATARAMANA GOWDA AND SONS, R/O GUTTIYEDEHALLI MANE, A - BLOCK, 5TH CROSS OPP Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS INCOME TAX OFFICE, GOPALA GOWDA EXTENSION, SHIVAMOGGA 2. SOUPURNIKA GUTTI RABINDRA, W/O RABINDRA SOMANATH, AGED ABOUT 40 YEARS, R/O NO. 1/19, ALSURE ROAD CROSS, HANUMANTHAPPA LAYOUT, BANGALORE NORTH, SHIVAN JETTI GARDEN, BANGALORE - 560 042 3. ROHAN P. GUTTI, S/O LATE Y.V. PADMANABHA, AGED ABOUT 45 YEARS NO 1 AND 3, GUTTIYEDEHALLI MANE, A-BLOCK, 5TH CROSS, OPP, INCOME TAX OFFICE, GOPALA GOWDA EXTENSION, SHIVAMOGGA 4. MEGHANA GUTTI, W/O DR. SUPRITH M.L. AGED ABOUT 45 YEARS, NO. C 206, SAINT JHOSE WOOD, APARTMENT, TAVAREKERE MAIN ROAD, BANGALORE SOUTH, TAVAREKERE, BANGALORE 5. HANUMANTHAPPA, S/O KENCHAPPA, AGED ABOUT 59 YEARS, R/O TUDIPETE, TARIKERE TOWN, CHIKKAMAGALUR DISTRICT 6. THE BRANCH MANGER, - 3 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS RELIANCE GENERAL INSURANCE COMPANY LIMITED, N.R. CIRCLE, H.N. PURA ROAD, HASSAN 7. DR. Y.V. SHASHIDHAR, S/O VENKATARAMANA GOWDA Y.P., AGED ABOUT 73 YEARS, R/O VENAKTA TULASI, KUVEMPU ROAD, SHIVAMOGGA 8. SRI. RAJASHEKARAIAH P.S., S/O SHIVALINGAIAH P.S., AGED ABOUT 63 YEARS R/O NO. 215, NIJALINGA NILAYA, 12TH CROSS, DEVARAJ URS EXTENSION, VINOBANAGARA, SHIVAMOGGA …RESPONDENTS (BY SRI. GOPAL KRISHNA N., ADVOCATE FOR R1 TO R4 SRI. R. GOPAL, ADVOCATE FOR R5 SRI. ASHOK N. PATIL, ADVOCATE FOR R6 V/O. DT. 08.04.2022, NOTICE TO R7 & R8 - D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2021 PASSED IN MVC NO. 484/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, SHIVAMOGGA, AWARDING COMPENSATION OF RS. 10,90,800/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 7071/2021 BETWEEN: HANUMANTHAPPA, S/O KENCHAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST & ARECA - 4 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS BUSINESS, R/O TUDIPETE, TARIKERE TOWN, TARIKERE TALUK, PIN CODE - 577 228. …APPELLANT (BY SRI. R. GOPAL, ADVOCATE) AND: 1. DR. Y.V. SHASHIDHAR, S/O Y.P. VENKATARAMANAGOWDA, AGED ABOUT 73 YEARS, DRIVER OF ECO SPORTS CAR BEARING REGISTRATION NO. KA-14/N9648 R/O DURGIGUDI BADAVANE SACRUTE HOUSE ROAD SHIVAMOGGA TOWN - 577 201 2. RAJASHEKARAIAH P.S., S/O SHIVALINGAIAH P.S., AGED ABOUT 62 YEARS OWNER OF ECO SPORTS CAR BEARING REGISTRATION NO KA-14/N9648 R/O NO. 215, NIJALINGA NILAYA, 12TH CROSS, DEVARAJ ARASU BADAVANE, VINOBANAGARA, SHIVAMOGGA TOWN, PIN CODE - 577 201 3. MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, SHIVAMOGGA PIN CODE - 577 201. …RESPONDENTS (BY SRI. MANJUNATH .M., ADVOCATE FOR R1 SRI. RAVISH BENNI, ADVOCATE FOR R3 R2 - SD/-) - 5 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2021 PASSED IN MVC NO. 308/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, MAMACT, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2215/2022 BETWEEN: HANUMANTHAPPA, S/O KENCHAPPA, AGED ABOUT 58 YEARS, DRIVER CUM OWNER OF DUSTER CAR BEARING NO.KA-66-MO737, R/O TUDIPETE, TARIKERE TOWN, TARIKERE TALUK, CHIKMAGALUR DISTRICT. PIN CODE - 577 228. …APPELLANT (BY SRI. R. GOPAL, ADVOCATE) AND: 1. RAJASHEKARAIAH P.S., S/O LATE SHIVALINGAIAH P.S., AGED ABOUT 60 YEARS R/O NO. 215, NIJALINGA NILAYA, 12TH CROSS, DEVARAJ URS EXTENSION, VINOBANAGARA, SHIVAMOGGA PIN CODE - 577 201 2. THE BRANCH MANGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, N.R. CIRCLE, H.N. PURA ROAD, HASSAN - 6 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS PIN CODE - 577 201 …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2 V/O. DT.04.09.2024, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2021 PASSED IN MVC NO. 482/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, SHIVAMOGGA, AWARDING COMPENSATION OF RS.1,07,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AMOUNT. IN MFA NO. 2219/2022 BETWEEN: HANUMANTHAPPA, S/O KENCHAPPA, AGED ABOUT 58 YEARS, DRIVER CUM OWNER OF DUSTER CAR BEARING NO.KA-66-MO737, R/O TUDIPETE, TARIKERE TOWN, TARIKERE TALUK, CHIKMAGALUR DISTRICT. PIN CODE - 577 228. …APPELLANT (BY SRI. R. GOPAL, ADVOCATE) AND: 1. DR. Y.V. SHASHIDHAR, S/O VENKATARAMANAGOWDA Y.P., AGED ABOUT 73 YEARS, R/O VENKATA TULASI, KUVEMPU ROAD, SHIVAMOGGA - 577 201 2. THE BRANCH MANGER, - 7 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS RELIANCE GENERAL INSURANCE COMPANY LIMITED, N.R. CIRCLE, H.N. PURA ROAD, HASSAN PIN CODE - 573 201 …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2 R1 S/D-) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2021 PASSED IN MVC NO. 485/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, SHIVAMOGGA, AWARDING COMPENSATION OF RS.8,13,700/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AMOUNT. IN MFA NO. 2255/2022 BETWEEN: HANUMANTHAPPA, S/O KENCHAPPA, AGED ABOUT 58 YEARS, DRIVER CUM OWNER OF DUSTER CAR BEARING NO.KA-66-MO737, R/O TUDIPETE, TARIKERE TOWN, TARIKERE TALUK, CHIKMAGALUR DISTRICT. PIN CODE - 577 228. …APPELLANT (BY SRI. R. GOPAL, ADVOCATE) AND: 1. DR. Y.V. SHASHIDHAR, S/O VENKATARAMANAGOWDA Y.P., AGED ABOUT 73 YEARS, DRIVER OF ECO SPORTS CAR BEARING REGISTRATION - 8 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS NO. KA-14/N9648 R/O VENKATA TULASI, KUVEMPU ROAD, SHIVAMOGGA - 577 201 2. THE BRANCH MANGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, N.R. CIRCLE, H.N. PURA ROAD, HASSAN PIN CODE - 573 201 3. RAJASHEKARAIAH P.S., S/O SHIVALINGAIAH P.S., AGED ABOUT 60 YEARS OWNER OF ECO SPORTS CAR BEARING REGISTRATION NO KA-14-N-9648 R/O NO. 215, NIJALINGA NILAYA, 12TH CROSS, DEVARAJ URS EXTENSION, VINOBANAGARA, SHIVAMOGGA - 577 201 4. THE DIVISIONAL MANAGER, UNITED INSURANCE CO. LTD., DIVISION OFFICE, A.A. CIRCLE, B.H. ROAD, SHIVAMOGGA-577201 5. SUPRIYA PADMANABHA, W/O Y.V. PADMANABHA, AGED ABOUT 68 YEARS, R/O GUTTIYEDEHALLI MANE, A - BLOCK, 5TH CROSS OPPOSITE INCOME TAX OFFICE, GOPALA GOWDA EXTENSION, SHIVAMOGGA - 577 201 6. SOUPURNIKA GUTTI RABINDRA, W/O RABINDRA SOMANATH, AGED ABOUT 37 YEARS, - 9 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS R/O NO. 1/19, ALSURU ROAD CROSS, HANUMANTHAPPA LAYOUT, BANGALORE NORTH, SHIVAN JETTI GARDEN, BANGALORE - 560 042 7. ROHAN P. GUTTI, S/O LATE Y.V. PADMANABHA, AGED ABOUT 43 YEARS GUTTIYEDEHALLI MANE, A-BLOCK, 5TH CROSS, OPPOSITE INCOME TAX OFFICE, GOPALA GOWDA EXTENSION, SHIVAMOGGA - 577 201. 8. MEGHANA GUTTI, W/O DR. SUPRITH M.L. AGED ABOUT 40 YEARS, NO. C 206, SAINT JHOSE WOOD, APARTMENT, TAVAREKERE MAIN ROAD, BANGALORE SOUTH, TAVAREKERE, BANGALORE - 560 001. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R4 SRI. ASHOK N PATIL, ADVOCATE FOR R2 R1, R3, R5, R6, R7, R8, SD/-) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2021 PASSED IN MVC NO. 484/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I SHIVAMOGGA, AWARDING COMPENSATION OF RS.10,90,800/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AMOUNT. - 10 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS IN MFA NO. 5668/2022 BETWEEN: 1. SMT. SUPRIYA PADMANABHA, W/O Y.V. PADMANABHA, AGED ABOUT 71 YEARS, 2. ROHAN P. GUTTI, S/O LATE Y.V. PADMANABHA, AGED ABOUT 46 YEARS. APPELLANTS NO. 1 AND 2 ARE RESIDING AT GUTTIYEDEHALLI MANI, A-BLOCK, 5TH CROSS, OPP: INCOME TAX OFFICE, GOPALA GOWDA EXTENSION, SHIVAMOGGA. 3. SOUPURNIKA GUTTI RABINDRA, W/O RABINDRA SOMANATH, AGED ABOUT 26 YEARS, RESIDING AT NO. 1/19, ALSURU ROAD CROSS, HANUMANTHAPPA LAYOUT, BANGALORE NORTH, SHIVAN JETTI GARDEN, BANGALORE - 42. 4. MEGHANA GUTTI, W/O DR. SUPRITH M.L. AGED ABOUT 43 YEARS, RESIDING AT NO. C206, SAINT JHOSE WOOD, APARTMENT, TAVAREKERE MAIN ROAD, BANGALORE SOUTH, TAVAREKERE, BANGALORE. …APPELLANT (BY SRI. GOPAL KRISHNA N., ADVOCATE) - 11 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS AND: 1. HANUMANTHAPPA, S/O KENCHAPPA, AGED ABOUT 59 YEARS, RESIDING AT TUDIPETE, TARIKERE TOWN, CHIKMAGALUR DISTRICT. PIN CODE - 577 228. 2. THE BRANCH MANGER, RELIANCE GENERAL INSURANCE COMPANY LTD, N.R. CIRCLE, H.N. PURA ROAD, HASSAN PIN CODE - 571 187. 3. DR. Y.V. SHASHIDHAR, S/O LATE VENKATARAMANA GOWDA Y.P., NOW AGED ABOUT 73 YEARS, RESIDING AT VENKATA TULASI, KUVEMPU ROAD, SHIVAMOGGA - 577 201 4. SRI. RAJASHEKARAIAH P.S., S/O LATE SHIVALINGAIAH P.S., NOW AGED ABOUT 63 YEARS, RESIDING AT NO.215, NIJALINGA NILAYA, 12TH CROSS, DEVARAJ URS EXTENSION, VINOBANAGARA, SHIVAMOGGA - 577 201 5. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, A.A. CIRCLE, B.H.ROAD, SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2 - 12 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS SRI. RAVISH BENNI, ADVOCATE FOR R5 V/O. DT. 05.07.2024, NOTICE TO R1, R3 & R4 - D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2021 PASSED IN MVC NO. 484/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. These six appeals are directed against the common judgment and award dated 24.11.2021 passed in MVC.Nos.482, 484 and 485/2019 and against the judgment and award dated 06.11.2021 passed in MVC.No.308/2019 by the Tribunal. 2. For the sake of convenience, the parties are referred to by their names. 3. The factual matrix of the case is that, on 30.01.2019, when claimant in MVC.482/2019 namely Rajashekaraiah, claimant in MVC.485/2019 namely Dr.Y.V.Shashidhar and one Y.V.Padmanabha (deceased), whose legal heirs filed MVC.No.484/2019, were travelling in the car bearing - 13 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS registration No.KA-14-M-9648 belonging to Rajashekariah being driven by Dr.Y.V.Shashidhar and reached near RNS Camp of Bettathaverekere Village, Ajjampura-Tarikere at about 3.30 p.m., another car bearing registration No.KA-66-M-0737 owned and driven by one Hanumanthappa, came from opposite direction rashly and negligently with high speed and dashed against the car No.KA-14-M-9648. As a result of which, the inmates of said car sustained grievous injuries, however, Y.V.Padmanabha succumbed to the injuries. On the other hand, Hanumanthappa driver-cum-owner of car No. KA-66-M-0737 also sustained grievous injuries. The son of Hanumanthappa namely one Yogish T.H., who was inmate of said car lodged a complaint against Dr.Y.V.Shashidhar, driver of car No.KA-14-M- 9648. Accordingly, the injured of the said accident and the legal representatives of deceased of the said accident filed claim petitions seeking compensation. 4. The Tribunal, on assessment of both, oral and documentary evidence, awarded compensation of Rs.1,07,500/- to Rajashekariah, Rs.10,90,800/- to the legal heirs of deceased Y.V.Padmanabha and Rs.8,13,700/- to - 14 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS Dr.Y.V.Shashidhar along with 7% interest per annum from the date of petition till its realisation. In respect of MVC.No.308/2019 filed by Hanumanthappa, the Tribunal awarded compensation of Rs.4,36,050/- along with interest at 6% p.a. from the date of petition till its realisation. Further, the Tribunal attributed contributory negligence on the drivers of both the cars in the ratio of 50 : 50 and accordingly, saddled the liability on the insurer of respective cars namely United India Insurance Co. Ltd. in respect of car No.KA-14-M-9648 and Reliance General Insurance Co. Ltd. in respect of car No.KA-66-M-0737. 5. Aggrieved by the quantum of compensation as well as attribution of negligence, both the insurer and the claimants are before this Court by filing the following appeals: Sl. No. Name of the claimant/insurer Appeal Number along with MVC number 1. United India Insurance Co. Ltd. MFA.No.3077/2022 in MVC.No.484/2014 2. Hanumanthappa MFA.No.2255/2022 in MVC.No.484/2014 3. Legal heirs of Y.V.Padmanabha MFA.No.5668/2022 in MVC.No.484/2014 - 15 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 4. Hanumanthappa MFA.No.7071/2021 in MVC.No.308/2019 5. Hanumanthappa MFA.No.2215/2022 in MVC.No.482/2019 6. Hanumanthappa MFA.No.2219/2022 in MVC.No.485/2019 6. Heard the learned counsel for the insurer, insured and the learned counsel for the claimants. 7. Learned counsel for the insurer and the learned counsel for the insured/claimant would contend that the Tribunal has erred in attributing negligence at 50% on both the insured solely relying on the charge sheet at Ex.P10. Learned counsel for the insured and the insurer of car No.KA66 M 0737 would contend that the driver of the said car was driving the car cautiously and was on the left side of the road, however, the driver of the car No.KA14 M 9648, who came from the opposite direction moved towards the right side crossing the centre median line, as such, it is the driver of the car No.KA14 M 9648, who is negligent for the occurrence of the accident. Accordingly, the insured and insurer of car No.KA66 M 0737 would pray for allowing of their respective appeals by - 16 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS exonerating the insured and insurer of said vehicle from the liability of compensation. On the other hand, learned counsel for the insured and insurer of car No.KA14 M 9648 would contend that the Tribunal has erred in attributing 50% negligence on the driver of said car without properly appreciating the material on record. Hence, the insured and the insurer of car No.KA14 M 9648 would pray for allowing of their respective appeals by exonerating the insured and insurer of said vehicle from the liability of compensation. The counsel for the insurer would also contend that the Tribunal has erred in awarding interest at 7% p.a. Further, the claimants in their respective appeal would contend that the Tribunal has erred in awarding meagre compensation under all the heads. Accordingly, they would pray for allowing of their respective appeals by enhancing the compensation. 8. I have given my anxious consideration to the submissions made by counsel for respective parties and perused the material on record. - 17 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 9. As could be gathered from records, the occurrence of the accident and the coverage of the insurance policy in respect of vehicles involved in the accident are not in dispute. 10. A perusal of the record would reveal that the Tribunal has attributed 50% negligence on the driver of both the vehicles relying on Ex.P10 - charge sheet, wherein charges have been levelled against both the drivers for occurrence of the accident. However, a perusal of rough sketch at Ex.P4 along with spot mahazar at Ex.P6 depicts that car bearing registration No.KA66 M 0737 was proceeding from west to east i.e., from Ajjampura towards Tarikere on the left side of the road, whereas the car bearing registration No.KA14 M 9648 came from opposite direction i.e., from east to west from Tarikere towards Ajjampura. Thus, it is clear that the driver of the car No.KA66 M 0737 was driving the car on the left side of the road following traffic rules, at that time, the driver of the car No.KA14 M 9648, who came from opposite direction, crossed the centre median line and moved towards right side and dashed against the car No.KA66 M 0737. Immediately after the accident, complaint came to be lodged by the son of Hanumanthappa, - 18 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS driver of car No.KA66 M 0737 and thereafter, spot mahazar as stated above was drawn stating that the accident had occurred due the negligent driving of the car by the driver of car No.KA14 M 9648. However, after lapse of six months, jurisdictional police laid a charge sheet against the drivers of both the vehicles. Hence, solely relying on the said charge sheet, the Tribunal saddled 50% negligence on drivers of both the vehicles. However, having perused the rough sketch and the spot mahazar, I am of the considered view that negligence in respect of driver of car bearing No.KA66 M 0737 could be attributed at 25% and in respect of driver of car bearing registration No.KA14 M 9648 could be attributed at 75% in view of filing of charge sheet against the drivers of both the vehicles. Accordingly, the findings of the Tribunal in the aforesaid claim petitions with regard to contributory negligence are modified and the Reliance General Insurance Co. Ltd. is liable to satisfy 25% of the compensation and the United India Insurance Co. Ltd. is liable to satisfy 75% of the compensation in the aforesaid claim petitions. AS REGARDS QUANTUM OF COMPENSATION: - 19 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS IN MFA.No.3077/2022 (United India Ins. Co.Ltd.) & IN MFA.No.5668/2022 (Legal heirs of Y.V.Padmanabha) 11. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of dependency 6,93,161 2. Medical expenses 3,27,638 3. Loss of consortium 40,000 4. Funeral expenses 15,000 5. Loss of estate 15,000 Total 10,90,799 12. Learned counsel for the insurer would contend that the Tribunal has erred while calculating the loss of dependency by deducting only 1/3rd towards personal and living expenses instead of 50%, although the claimants are majors and are not dependent on the deceased. On the other hand, learned counsel for the claimants would contend that the Tribunal has - 20 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS rightly deducted 1/3rd towards personal and living expenses since the wife of the deceased was dependent on the deceased. 13. As could be gathered from records, the claimants of MFA.No.5668/2022 are the wife and major children of deceased and based on that the Tribunal has deducted 1/3rd towards personal and living expenses of the deceased while calculating the compensation towards loss of dependency. However, as per the judgment of the Hon'ble Supreme Court in JITENDRA KUMAR Vs. SANJAY PRASAD - 2025 Supreme (Online) Supreme Court 5470, wherein referring to the judgments in SEEMA RANI & OTHERS VS. ORIENTAL INSURANCE CO. LTD. & OTHERS - 2025 SCC Online Supreme Court 283 and NATIONAL INSURANCE CO. LTD. VS. BIRENDER - (2017) 16 SCC 680, the Hon'ble Supreme Court has awarded loss of dependency to the major children by deducting 50% towards personal and living expenses of the deceased. Thus, the claimants are entitled for compensation under loss of dependency by deducting 50% towards personal and living expenses of the deceased. - 21 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 14. The Tribunal, having appreciated both oral and documentary evidence, has rightly assessed the annual income of the deceased at Rs.6,93,161/-. If 50% is deducted towards the personal expenses, it would result in the income of Rs.3,46,580/-. 15. As the deceased was aged 72 years, a multiplier of '5' would have to be applied. Consequently, the claimants would be entitled to a sum of Rs.17,32,900/- (Rs.3,46,580 x 5) towards “loss of dependency”. 16. The claimants, being the wife and children of deceased, each would be entitled to Rs.48,400/- i.e., in all Rs.1,93,600/- towards loss of consortium. They are also entitled for Rs.36,300/- under conventional head. 17. The sum of Rs.3,27,638/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. - 22 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 18. Thus, in modification of the award of the Tribunal, the claimants would be entitled for following sums as compensation: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 17,32,900 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 4. Medical expenses 3,27,638 Total 22,90,438 19. Accordingly, the claimants would be entitled for compensation of Rs.22,90,438/- as against Rs.10,90,800/- awarded by the Tribunal. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 20. The insurers are directed to deposit the amount of compensation awarded in the ratio stated above within a period of six weeks from the date of receipt of a certified copy of this judgment. Any excess amount deposited by the concerned insurer shall be refunded to the concerned insurer. - 23 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 21. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 22. The amount in deposit shall be transferred to the concerned Tribunal. IN MFA.No.7071/2021 (Hanumanthappa): 23. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 70,000 2. Medical expenses 4,91,592 3. Loss of income during laid up period 66,000 4. Loss of future income 1,54,440 5. Loss of future amenities 30,000 6. Conveyance and attendant charges 30,000 7. Future medical expenses 30,000 Total 8,72,032 24. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability - 24 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS to the extent of 13% to the whole body, which, in my opinion, does not require any interference. 25. The Tribunal has determined the monthly income, notionally at Rs.11,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2019, would be Rs.14,000/-. 26. As the claimant was aged about 56 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,96,560/- (Rs.14,000 x 12 x 9 x 13%) towards 'loss of future income'. 27. Consequently, the amount of Rs.66,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.84,000/- (Rs.14,000 X 6 months) treating the laid up period as six months. - 25 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 28. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and agony' as against Rs.70,000/- awarded by the Tribunal. 29. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities and nourishment, as against the sum of Rs.30,000/- awarded by the Tribunal. 30. The sum of Rs.4,91,592/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 31. The sum of Rs.30,000/- awarded towards conveyance, food and nourishment and Rs.30,000/- awarded towards future medical expenses, being just and proper, are affirmed. 32. As held above, since negligence is attributed at 25% on the claimant, the claimant would be entitled only for 75% of the compensation. - 26 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS 33. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. N o. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and suffering 70,000 1,00,000 2. Loss of future income 1,54,440 1,96,560 3. Medical expenses 4,91,592 4,91,592 4. Future medical expenses 30,000 30,000 5. Loss of income during the laid up period 66,000 84,000 6. Conveyance, attendant charges 30,000 30,000 7. Loss of amenities and nourishment 30,000 40,000 Total Rounded off to 8,72,032 8,72,100 9,72,152 Less : 50% 4,36,050 2,43,038 Less : 25% 4,36,050 7,29,114 34. Thus, the claimant is held entitled to the total compensation of Rs.7,29,114/- as against Rs.4,36,050/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 35. The insurer - United India Insurance Co. Ltd. is directed to deposit the amount of compensation awarded within six - 27 - HC-KAR CNR: KAHC010162542022 NC: 2026:KHC:43314 MFA No. 3077 of 2022 C/W MFA No. 7071 of 2021 MFA No. 2215 of 2022 AND 3 OTHERS weeks from the date of receipt of a certified copy of this judgment. 36. The amount in deposit made by the insured and the insurer in the respective appeals shall be transferred to the Tribunal. 37. In view of the aforesaid finding with regard to saddling of liability to make good the compensation, the excess amount, if any, deposited by the insurer in the respective claim petitions shall be refunded to the concerned insurer and balance amount to be deposited by the respective insurer shall be deposited in the respective claim petitions as directed above. The appeals are accordingly disposed of. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 12