- 1 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4101 OF 2020(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.1286 OF 2021(MV-I) MISCELLANEOUS FIRST APPEAL NO.2758 OF 2021(MV-I) MISCELLANEOUS FIRST APPEAL NO.3151 OF 2021(MV-I) IN MFA No. 4101/2020 BETWEEN: 1. MRS. K. VANAJAKSHI W/O LATE MR. P. BABU AGED ABOUT 56 YEARS, 2. KUMARI MONISHA M D/O LATE. MR P. BABU AGED 17 YEARS 11 MONTHS SINCE APPELLANT NO 2 IS A MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER APPELLANT NO 1 - MRS K. VANAJAKSHI BOTH ARE RESIDING AT DOOR NO. 3-19 (D) SHREE DURGA HOUSE, SURAKSHA NAGARA, KUMPALA KOTEKAR POST, SOMESHWARA MANGALURU, D.K. DISTRICT, PIN- 575 022 (DATE OF BIRTH OF APPELLANT NO 2 IS 04-10-2002) …APPELLANTS (BY MISS. POOJAPARVATHI V, ADVOCATE FOR SRI. RAVISHANKAR SHASTRY G, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER AND: 1. MR. SHAKEER S/O MR. ABDUL RAHIMAN AGED ABOUT 35 YEARS R/AT DOOR NO. 25-25-1950/B, JEPPU KUDPADY, MANGALURU, D.K. DISTRICT, PIN- 575016 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD., 1ST FLOOR, REB COMMERCIAL COMPLEX, D NO. 2-6/26(13), THOKKOTTU, MANGLAURU D.K. DISTRICT, PIN- 575 020 …RESPONDENTS (BY SMT. HARINI SHIVANANDA, ADVOCATE FOR R2, R1 - SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 05.12.2019, PASSED IN MVC NO.839/2015, ON THE FILE OF THE III-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-IV, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1286/2021 BETWEEN: MR. INTHISHAM S/O MR ISMAIL, AGED 24 YEARS, R/A DOOR NO.222-2 KEREBAILU HOUSE,. MR BHAT LANE, JEPPU. MANGALURU, D.K DISTRICT-575 001 ...APPELLANT (BY SRI. N.V. SRIKANTH, ADVOCATE) - 3 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER AND: 1. MR.K.VANAJAKSHI AGED 55 YEARS, W/O LATE MR P BABU, 2. KUMARI MONISHA M AGED 17 YEARS, D/O LATE MR P BABU, (MINOR REPRESENTED BY HER GUARDIAN AND MOTHER) MRS K VANAJAKSHI, BOTH ARE R/AT DOOR NO.3-19 (D) SHREE DURGA HOUSE, SURAKSHA NAGARA, KUKMPALA KOTEKAR POST, SOMESHWAR, MANGALURU-575 022 3. M/S NATIONAL INSURANCE COMPANY LIMITED REP BY ITS BRANCH MANAGER, 2ND FLOOR, INLAND ORNATE, OPPOSITE HOTEL OCEAN PEARL, KODIALBAI,L MANFALURU-575003 (INSURER HONDA ACTIVA SCOOTER BEARING REG NO.KA-05-EP-5064) POLICY NO.604301/31/14/6700005279 VALID FROM 18/07/2014 TO 17/07/2015 ...RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R3, R1, R2 - SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 05.12.2019, PASSED IN MVC NO.900/2017, ON THE FILE OF THE III- ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-IV, D.K., MANGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. - 4 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER IN MFA NO. 2758/2021 BETWEEN: MR MAHAMMED AFNAN S/O MR.M.ISMAIL AGED 21 YEARS, R/AT DOOR NO.222-2 KEREBAILU HOUSE, PERMANNUR VILLAGE, MANGALURU TALUK, D.K.DISTRICT-575 001. ...APPELLANT (BY SRI. N.V. SRIKANTH, ADVOCATE) AND: 1. MRS K VANAJAKSHI AGED 54 YEARS, W/O LATE MR.P.BABU, 2. KUMARI MONISHA M AGED 16 YEARS, D/O LATE MR.P.BABU, (MINOR REPRESENTED BY HER GUARDIAN AND MOTHER) MR.K.VANAJAKSHI BOTH ARE R/AT DOOR NO.3-19 (D) SHREE DURGA HOUSE, SURAKSHA NAGARA, KUMPALA KOTEKAR POST, SOMESHWAR, MANGALURU-575 022. 3. M/S NATIONAL INSURANCE COMPANY LIMITED REP BY ITS BRANCH MANAGER, 2ND FLOOR, INLAND ORNATE, OPPOSITE HOTEL OCEAN PEARL, KODIALBAIL, MANGALURU-575 003 (INSURER HONDA ACTIVA SCOOTER BEARING - 5 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER REG.NO.604301/31/14/6700005279 VALID FROM 18-07-2014 TO 17-07-2015 4. MR.SHAKEER, AGED 24 YEARS, S/O MR.ABDUL RAHIMAN, R/AT DOOR NO.25-25-1950/B, JEPPU KUDPADY, MANGALURU D.K.DISTRICT-575 001 (REGISTERED OWNER MOTOR CYCLE BEARING REG.NO.KA-10-U-3890) 5. M/S ORIENTAL INSURANCE CO. LTD REP BY ITS MANAGER, 1ST FLOOR, REB COMMERCIAL COMPLEX, NH 66, THOKOTTU, MANGALURU 575017 (INSURER OF THE MOTOR CYCLE BEARING REG NO.KA-19-U-3890) POLICY NO.422292/31/2015/2703 VALID FROM 09-01-2015 TO 08-01-2016 ...RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R3, SMT. HARINI SHIVANAND, ADVOCATE FOR R5, R1, R4 - SERVED, UNREPRESENTED, R2 IS MINOR REP BY R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 05.12.2019, PASSED IN MVC NO.887/2017, ON THE FILE OF THE III-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-IV, D.K. MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3151/2021 BETWEEN: MR THAMSEER - 6 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER S/O MR BASHEER AGED 24 YEARS R/A DOOR NO.25-25-1965 MR BHAT LANE JEPPU MANGALURU, D.K DISTRICT - 575 001 ...APPELLANT (BY SRI. N.V SRIKANTH, ADVOCATE) AND: 1. MRS K VANAJAKSHI AGED 55 YEARS W/O LATE MR P BABU 2. KUMARI MONISHA M AGED 17 YEARS D/O LATE MR. P. BABU (MINOR REP BY HER GUARDIAN AND MOTHER MRS K VANAJAKSHI) BOTHA RE R/A DOOR NO 3-19(D) SHREE DURGA HOUSE, SURAKSHA NAGARA KUMPALA KOTEKAR POST SOMESHWAR MANGALURU - 5750 22 3. M/S NATIONAL INSURANCE COMPANY LIMITED REP BY ITS BRANCH MANAGER 2ND FLOOR, INLAND ORNATE OPPOSITE HOTEL OCEAN PEARL KODIALBAIL, MANGALURU - 575 003 (INSURER HONDA ACTIVA SCOOTER BEARING REG NO KA- 05-EP -5064) POLICY NO 604301/31/14/6700005279 VALID FROM 18-07-2014 TO 17-07-2015 4. MR SHAKEER AGE 24 YEARS S/O MR ABDUL RAHIMAN - 7 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER RA DOOR NO 25-25-1950/B JEPPU, KUDPADY, MANGALURU DK DISTRICT - 575001 (REGISTERED OWNER MOTOR CYCLE BEARING REG NO KA - 19-U-3890) 5. M/S ORIENTAL INSURANCE CO LTD REP BY ITS MANAGER 1ST FLOOR, REB COMMERCIAL COMPLEX NH 66, THOKKOTTU, MANGALURU - 575017 (INSURER OF THE MOTOR CYCLE BEARING REG NO KA - 19-U-3890) POLICY NO 422292/31/2015/2703 VALID FROM 09-01-2015 TO 08-01-2016 ...RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R3, SMT. HARINI SHIVANAND, ADVOCATE FOR R5, R1, R2, R4 - SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.12.2019 PASSED IN MVC NO.901/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-IV, D.K.MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT These four appeals arising out of the common judgment and award dated 05.12.2019 passed in MVC Nos.839/2015, - 8 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER 887/2017, 900/2017 and 901/2017 by the III Addl. District and Sessions Judge and Motor Accident Claims Tribunal-IV, D.K., Mangaluru (for short, 'the Tribunal'), whereby the Tribunal partly allowed MVC Nos.839/2015, 887/2017 and 901/2017 and dismissed MVC No.900/2017. 2. For the sake of convenience, the claimants are referred to by their names. 3. The factual matrix of the case is that, on 01.04.2015, at about 12.45 p.m., P.Babu (MVC.No.839/2015) was riding his scooter bearing registration No.KA-05 EP 5064 from Cascia Junction towards Mangaladevi and the rider of the motor cycle bearing registration No.KA-19 U 3890 i.e., claimant in MVC.No.900/2017 Ihthisham along with the pillion rider i.e., the claimant in MVC.No.887/2017 namely Mohammed Afnan, was travelling from Mangaladevi towards Jeppu and when they reach near the Indian Oil Petrol Pump, Mangaladevi, they collided with each other, due to which, the rider of the motorcycle bearing No.KA-19-U-3890 lost his control over the vehicle and dashed against the claimant in MVC.No.901/2017 - 9 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER namely Thamseer, who was walking from Jeppu towards Mangaladevi on the extreme side of the road. As a result of which, P.Babu succumbed to the injuries and the other claimants sustained grievous injuries. Thereafter, the legal heirs of P.Babu filed MVC.No.839/2015 and the rider, pillion rider and the pedestrian filed MVC.No.900/2017, MVC.No.887/2017 and MVC.No.901/2017 respectively. 4. The Tribunal, on assessment of both oral and documentary evidence, dismissed MVC.No.900/2017 and partly allowed the other claim petitions. The operative portion of the judgment of the Tribunal reads as under: "ORDER The petitions in MVC No.839/2015, MVC No.887/2017 and MVC No.901/2017 filed under Section 166 of the Motor Vehicles Act, 1988 are partly allowed with cost. The petition in MVC No.900/2017 filed under Section 166 of the Motor Vehicles Act, 1988 is dismissed with cost. The Petitioners No.1 and 2 in MVC No.839/2015 are entitled for compensation of Rs.3,06,298/- each out of total compensation of Rs.6,12,596/- (Rupees Six Lakh Twelve Thousand Five Hundred Ninety Six) only together with interest thereon at the rate of 6% per annum from - 10 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER the date of petition till the date of realization of entire amount. Out of the compensation amount payable to the Petitioner No.1, a sum of Rs.1,00,000/- shall be invested in the fixed deposit in her name for a period of 5 years, in any nationalized or scheduled bank of her choice. Out of the compensation amount payable to the Petitioner No.2, a sum of Rs.2,50,000/shall be invested in the fixed deposit in her name till she attains the age of 21 years, in any nationalized or scheduled bank of the choice of her guardian. Balance amount shall be disbursed to the Petitioners No.1 and 2 as per their entitlement through account payee cheque on proper identification. The Petitioner in MVC No.887/2017 is entitled for compensation of Rs.80,000/- (Rupees Eighty Thousand) only together with interest at the rate of 6% per annum from the date of petition till the date of realization of entire amount. The Petitioner in MVC No.901/2017 is entitled for compensation of Rs.65,000/- (Rupees Sixty Five Thousand) only together with interest at the rate of 6% per annum from the date of petition till the date of realization of entire amount. The Petitioners in MVC No.887/2017 and MVC No.901/2017 are entitled to withdraw entire amount on its deposit, which shall be disbursed to them through account payee cheque on proper identification. The Respondent No.1/Respondent No.4 Mr.Shakeer and the Respondent No.2/Respondent - 11 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER No.5 – The Oriental Insurance Company Limited are jointly and severally liable to pay the compensation to the Petitioners in MVC No.839/2015 and MVC No.901/2017 as determined by this Tribunal. The Respondent No.4 Mr.Shakeer is liable to pay the compensation to the Petitioner in MVC No.887/2017 as determined by this Tribunal. The claim petitions in MVC No.887/2017 and MVC No.901/2017 are dismissed against the Respondents No.1 to 3." 5. Aggrieved by which, while the claimant in MVC.No.900/2017 is before this Court in MFA.No.1286/2021 challenging the dismissal of his claim petition, the claimants in MVC.No.839/2015 filed MFA.No.4101/2020, the claimant in MVC.No.887/2017 filed MFA.No.2758/2021 and the claimant in MVC.No.901/2017 filed MFA.No.3151/2021 seeking enhancement of compensation. 6. Heard the learned counsel for the respective parties. IN MFA.NO.4101/2020: 7. In MFA.4101/2020, it is contended by the learned counsel for the claimants that the Tribunal has grossly in awarding the - 12 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER meager compensation under all heads. According to her, the deceased was a retired Police Constable receiving pension of Rs.9,000/- per month and after his retirement, he was engaged in driving the vehicles attached to Mukambika Travels at Mangalore and was earning Rs.10,000/- per month. However, the Tribunal without considering said aspects, has determined the notional income of the deceased at Rs.9,000/-. She further contended that in order to prove the income/salary, the claimants examined the employer as PW.4, so also produced the salary certificate at Ex.P12, wherein it clearly depicts that he was earning a salary of Rs.10,000/- per month. Apart from that, neither the insurance company nor the other respondents disputed the fact that he was a retired police constable and was getting a pension of Rs.9,000/- per month. Placing reliance on the judgment of the Hon'ble Apex Court in the case of LAL DEI & OTHERS VS. HIMACHAL ROAD TRANSPORT - (2007) 8 SCC 319, she submitted that while calculating the loss of dependency, the Tribunal ought not to have deducted the family pension. As such, the Tribunal ought to have considered the income of the deceased at Rs.19,000/- per month. She also contended that the Tribunal has erred in adopting the - 13 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER multiplier. Since the deceased was aged 60 years, the Tribunal ought to have added 10% towards future prospects and ought to have adopted the multiplier of '9' instead of '7'. Accordingly, she prays to allow the appeal filed by the claimants by enhancing the compensation. 8. On the other hand, learned counsel for the insurer contends that since the claimants failed to produce any document to establish that the deceased was getting a pension of Rs.9,000/- per month, the Tribunal was justified in taking the notional income of the deceased at Rs.9,000/-. She also contended that the Tribunal was justified in adopting the multiplier of '7' by rightly considering the age of the deceased since the deceased crossed the age of 60 i.e., he was aged 60 years 10 months as on the date of the accident. Accordingly, she prays to dismiss the appeal. 9. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the documents on record. In this case, the accident in question and coverage of the insurance policy for the offending motorcycle - 14 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER bearing registration No.KA-19 U 3890 by the Oriental Insurance Company are not in dispute. As such, the only point for consideration is the quantum of compensation. The Tribunal considered the notional income of the deceased at Rs.9,000/-. However, on perusal of the evidence of PW.1 and PW.4, it could be seen that the deceased after his retirement was engaged in the driving of vehicles attached to Mukambika Travels and was earning a sum of Rs.10,000/- per month. The salary certificate produced at Ex.P12 also depicts the same. Ex.P12 corroborates the testimony of PW4. Additionally, the claimants produced the driving licence of the deceased - Ex.P15, which depicts that the deceased was possessing the valid driving licence to drive both the transport and light motor vehicles. Further, the records disclose that the deceased was a retired police constable and was getting Rs.9,000/- as pension. In such circumstances, the Tribunal ought to have assessed the income of the deceased considering the evidence of PW.1 and PW.4 so also Ex.P12 and Ex.P15. The contention raised by the learned counsel for the insurer that the Tribunal has rightly not considered the pension while assessing the income of the deceased cannot be accepted - 15 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER in view of the judgment in the case of Lal Dei (supra), wherein the Hon'ble Apex Court has held that the family pension received by a deceased employee's dependents cannot be deducted while calculating the loss of dependency since the family pension is a service condition benefit and has no causal link to an accidental death. In such circumstances, the notional income of the deceased could be assessed as Rs.19,000/- per month. Further, admittedly, the deceased was aged about 60 years 10 months as on the date of the accident. Though it is contended by the insurer that the appropriate multiplier would be '7' and not '9', as per the judgment of the Division Bench of this Court in MFA No.4378/2023 c/w MFA No.3047/2023, wherein referring to the judgment of the Hon'ble Apex Court in the case Samsun Bee and others vs. United India Insurance Company Limited and others reported in 2026 ACJ 532 it is held that higher multiplier continues to apply till deceased completes entry into next age bracket and it does not shift merely upon crossing threshold age, since the age of the deceased as on the date of the accident falls in the bracket of 56 to 60, the multiplier to be would be '9'. However, the - 16 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER claimants are not entitled for future prospectus since he crossed 60 years. Thus, after deducting 1/3rd towards living and personal expenses, the claimants would be entitled for a sum of Rs.13,68,036/- towards loss of dependency (Rs.19,000 x 12 x 9 -1/3rd). 10. Since there are two dependents, each of them would be entitled to a sum of Rs.48,400/- towards loss of consortium, i.e., in all, Rs.96,800/-. They would also be entitled to a sum of Rs.36,300/- under conventional head. 11. The sum of Rs.38,596/- awarded towards medical expenses, being based on documentary evidence, is affirmed. 12. Thus, the claimants would be entitled to a sum of Rs.15,39,732/- as against Rs.6,12,596/- along with interest at 6% p.a. from the date of petition till its realisation. Oriental Insurance Company is directed to deposit the aforesaid amount within a period of six weeks from the date of receipt of a copy of this judgment. The apportionment of compensation shall be in terms of the award of the Tribunal. - 17 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER IN MFA.NO.1286/2021: 13. As far as MFA No.1286/2021 filed by the rider of the motorcycle bearing registration number KA-19 U 3890 is concerned, the counsel for the claimant - Inthisham contends that though the claimant sustained grievous injuries in the accident, the Tribunal dismissed the claim petition without awarding any compensation on the ground of actionable negligence on his part and that the police filed a charge sheet against him. However, the Tribunal has not perused the spot sketch and other investigation documents, which clearly revealed that the driver of the offending motorcycle i.e. KA-05 EP 5064 also contributed to the accident. Accordingly, he prays to allow the appeal of the claimant. 14. On the other hand, learned counsel for the insurer contends that the Tribunal has rightly rejected the claim petition. Accordingly, he prays to dismiss the appeal filed by the claimant. 15. Upon perusing the entire evidence on record, particularly the testimony of PW.6, who claims to be an eye witness, has - 18 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER admitted during cross-examination that he visited the spot of accident after the accident had occurred. Furthermore, the claimant - PW.1 also admitted in his cross-examination that, at the time of accident, he has not observed the movement of the opposite vehicle i.e. the scooter bearing registration number KA-05 EP 5064. Thus, it is clear that the accident had occurred due to the actionable negligence on the part of the claimant, who only sustained simple injuries in the accident as per Ex.P2. In such circumstances, I am of the considered view that the Tribunal was justified in dismissing the claim petition filed by the claimant in MVC.No.900/2017. Accordingly, the impugned judgment of the Tribunal is affirmed. IN MFA.NO.2758/2021: 16. As far as MFA.No.2758/2021 which is arising out of MVC.No.887/2017 is concerned, the claimant is the pillion rider of motorcycle bearing registration number KA-19-U-3890. As held above, the claimant in MFA.No.1286/2021 was the rider of the said motorcycle and was guilty of actionable negligence leading to the accident. After considering the evidence of PW.2 - 19 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER and the case sheet at Ex.P29 issued by the KMC Hospital, Mangalore, the Tribunal noted that he continued his part-time job at Zeeshan Enterprises and was a student at the time of the accident. Furthermore, the doctor who issued the certificate has not been examined. As such, the Tribunal awarded compensation of Rs.80,000/- as global compensation and directed the owner/insured of the motorcycle bearing registration number KA-19 U 3890 to pay the said amount and exonerated the insurer of the said motorcycle i.e., Oriental Insurance Company Ltd. on the ground that the insurance policy in respect of said motorcycle at Ex.R8 did not cover the risk of pillion rider, as no premium was paid for such coverage. However, on careful examination of the case sheet - Ex.P29 and evidence of PW1, I am of the considered view that an additional sum of Rs.50,000/- could be awarded as global compensation to the claimant. Thus, the claimant is entitled to total compensation of Rs.1,30,000/-. Accordingly, the compensation amount shall carry the interest at the rate of 6%. Further, in my view, the Tribunal has erred in exonerating the insurer of motorcycle bearing registration No.KA-19 U 3890. - 20 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER Since the accident involved two motor vehicles, as per the judgment of Hon'ble Apex Court in the case of KHENYEI Vs. NEW INDIA ASSURANCE COMPANY LTD & OTHERS - (2015) 9 SCC 273), the claimant is entitled to maintain a claim petition against any one of the joint tortfeasors involved in the accident. As such, the claimant can claim compensation against the offending motorcycle bearing registration number KA-05 EP 5064, which was covered by the insurance policy issued by the National Insurance Company Ltd. 17. At this juncture, a contention was raised by the learned counsel for the National Insurance Company that the policy covering the motorcycle bearing registration number KA-05 EP 5064 is also an Act policy, which covers the risk of only the rider and not the risk of the pillion rider. However, the said contention cannot be accepted for the reason that the claimant was the pillion rider of the motorcycle bearing registration number KA-19 U 3890 and thus, becomes a third party. Accordingly, in view of the judgment in the case of Khenyei (supra), the National Insurance Company Ltd. i.e., the insurer of motorcycle bearing registration No.KA-05 EP 5064 is directed - 21 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER to deposit the aforesaid compensation within a period of six weeks from the date of receipt of a copy this judgment and shall thereafter, recover the same from the owner/insured of the motorcycle bearing registration number KA-19 U 3890. IN MFA.NO.3151/2021: 18. As far as MFA.No.3151/2021 arising out of MVC.No.901/2017 is concerned, learned counsel contends that the claimant, who was a pedestrian sustained injuries due to the rash and negligent riding of the motorcycle bearing registration number KA-19 U 3890. He placed reliance on the evidence of PW.4 -doctor and Ex.P28 - the disability certificate, wherein it is stated that the claimant had suffered 15% disability and argued that the Tribunal erred by not awarding any compensation on the head of loss of future income. On perusal of the records, it is seen that the Tribunal after appreciating the evidence awarded a sum of Rs.65,000/- as global compensation. On careful perusal of the evidence of PW.4 - doctor, though he assessed the disability of the claimant at 15%, he has not stated that whether the said disability had - 22 - HC-KAR CNR: KAHC010280502020 NC: 2026:KHC:45213 MFA No. 4101 of 2020 C/W MFA No. 1286 of 2021 MFA No. 2758 of 2021 AND 1 OTHER the impact on the future earnings of the claimant. According to him, the injuries sustained by him are united. In such circumstances, by considering the overall evidence, I am of the view that additional sum of Rs.50,000/- as global compensation would be awarded for the claimant. Thus, the claimant is entitled to total compensation of Rs.1,15,000/-. Accordingly, the compensation amount shall carry the interest at the rate of 6%. In respect of liability to pay compensation, in view of the aforesaid discussion, the Tribunal has rightly directed the Oriental Insurance Company i.e., the insurer of motorcycle bearing registration No.KA-19 U 3890 to pay the same. The insurer is directed to deposit the aforesaid amount within a period of six weeks from the date of receipt of a copy of this judgment. In the result, MFA.4101/2020, MFA.2758/2021 and MFA.3151/2021 are allowed in part. However, MFA.No.1286/2021 is dismissed. SD/- (RAJESH RAI K) JUDGE PKS/HKV/List No.: 1 Sl No.: 23