- 1 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 611/2023 (MV-D) C/W M.F.A. NO. 599/2023, M.F.A. NO. 609/2023, M.F.A. NO. 612/2023, M.F.A. NO. 2829/2023, M.F.A. NO.2890/2023 (MV-D) IN MFA NO. 611/2023: BETWEEN: SMT. M. SIREESHA W/O LATE BERI VENKATESHWARA REDDY AGED ABOUT 26 YEARS, R/AT NO.747, 1ST MAIN ROAD C BLOCK, AECS LAYOUT KUNDALAHALLI, BENGALURU-560037. &APPELLANT (BY SRI. PRAVEEN KUMAR K. N., ADV.) AND: 1. SRI. DILLI BABU K S/O SRI KUPPUSWAMY N R/AT PLOT NO.4A VIJAYA GARDEN, 31ST CROSS STREET SHAKTHIVEL NAGAR, PUZHAL CHENNAI-600066. 2. M/S. UNITED INDIA INSURANCE CO. LTD., MOTOR DEALER DIVISION, KRISHI BHAVAN, HUDSON CIRCLE Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS BANGALORE-01 BY ITS MANAGER. 3. SRI BERI VIVEKANANDA REDDY S/O LATE BERI SRINIVASULU REDDY AGED ABOUT 32 YEARS R/AT NO.747, 1ST MAIN ROAD C BLOCK, AECS LAYOUT, KUNDLAHALLI, BENGALURU-560037. 4. BHARATI AXA GENERAL INSURANCE CO. LTD., THE FERNS ICON BUILDING, 1ST FLOOR, SY. NO.28, DODDANEKKUNDI OUTER RING ROAD, BANGALORE-37. &RESPONDENTS (BY SRI. B.A. RAMAKRISHNA, ADV. FOR R2 SRI R.S. RAVI, SR. ADV. FOR SRI DEVI PRASAD SHETTY, ADV. FOR R3 SRI B PRADEEP, ADV. FOR R4) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO.4623/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-11, ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 599/2023: BETWEEN: 1. S. NAIMA W/O LATE S ROUNAK HUSSAIN ALIAS S ROUNAK HUSSEN NOW AGED 50 YEARS 2. S RESHMA W/O NAWAZ D/O LATE S ROUNAK HUSSAIN ALIAS S ROUNAK HUSSEN NOW AGED ABOUT 31 YEARS 3. S YARAB S/O LATE S ROUNAK HUSAIN - 3 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS ALIAS S ROUNAK HUSSEN NOW AGED ABOUT 28 YEARS 4. S MUBARAK D/O LATE S ROUNAK HUSSAIN ALIAS S ROUNAK HUSSEN NOW AGED ABOUT 25 YEARS 5. S JAIBOON BHI W/O LATE SABJAN SAHEB NOW AGED ABOUT 71 YEARS APPELLANT NO. 1, 2, 3 & 5 ARE THE R/AT NO.4-29/1 NEAR POLICE STATION, THAGGUVARI PALLI, CHITTOOR ANDHRA PRADESH 3 517415. APPELLANT NO.4 IS R/AT NO.584/163, 30TH CROSS JAYANAGAR, BENGALURU SOUTH TILAKANAGAR, BENGALURU-560041. ...APPELLANTS (BY SRI. RAGHU R., ADV.) AND: 1. THE MANAGER BHARATHI AXA GEN. INS. CO. LTD., 1ST FLOOR, HOST CENTRE, NO.43, MILLERS ROAD, VASANTH NAGAR BENGALURU 3 560052. 2. SREENIVASULU REDDY BERI S/O CHINNA VEERA REDDY BERI SURVIVED BY HIS LRS VIVEKANANDA REDDY S/O LATE SREENIVASULU REDDY BERI NO.747, SUCASA AVENUE APARTMENT 1ST MAIN, C BLOCK, AECS LAYOUT, KUNDANAHALLI RAMAGONDANAHALLI BENGALURU 3 560066. - 4 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 3. THE MANAGER UNITED INDIA INSURANCE CO. LTD., KRUSHIBHAVAN, NEXT TO MAGISTRATE COURT, NRUPATUNGA ROAD BENGALURU - 560001 POLICY ISSUED AT THE MANAGER UNITED INDIA INS. CO. LTD., NO.171, GNT ROAD, RED HILLS CHENNAI, TIRUVALLUR TAMILNADU 3 600052. 4. DILLIBABU K S/O KUPPUSWAMY N PLOT NO.4 A, VIJAYA GARDEN 31ST CROSS STREET, SAKTHIVAL NAGAR PUZHAL, CHENNAI TAMIL NADU 3 600065. ...RESPONDENTS (BY SRI. B PRADEEP, ADV. FOR R1 SRI R.S. RAVI, SR. ADV. FOR SRI DEVI PRASAD SHETTY, ADV. FOR R2 SRI B A RAMAKRISHNA, ADV. R3) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO.3712/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-11, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 609/2023: BETWEEN: SRI. BERI VIVEKANANDA REDDY S/O LATE BERI SRINIVASULU REDDY AGED ABOUT 32 YEARS, R/AT NO.747, 1ST MAIN ROAD, C BLOCK, AECS LAYOUT, KUNDALAHALLI BENGALURU-560037. ...APPELLANT (BY SRI. R.S. RAVI, SR. ADV. FOR SRI DEVI PRASAD SHETTY, ADV.) - 5 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS AND: 1. SRI. DILLI BABU. K S/O SRI KUPPUSWAMY N R/AT PLOT NO.4A VIJAYA GARDEN 31ST CROSS STREET SHAKTHIVEL NAGAR, PUZHAL CHENNAI-600066. 2. M/S. UNITED INDIA INSURANCE CO. LTD., MOTOR DEALER DIVISION, KRISHI BHAVAN HUDSON CIRCLE, BANGALORE-01 BY ITS MANAGER. ...RESPONDENTS (BY SRI. B.A. RAMAKRISHNA, ADV. FOR R2 NOTICE TO R1 D/W) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO.4625/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-11, DISMISSING THE CLAIM PETITION FOR COMPENSATION. IN MFA NO. 612/2023: BETWEEN: SRI. BERI VIVEKANANDA REDDY S/O LATE BERI SRINIVASULU REDDY AGED ABOUT 32 YEARS R/AT NO.747, 1ST MAIN ROAD C BLOCK, AECS LAYOUT KUNDALAHALLI BENGALURU-560037. ...APPELLANT (BY SRI. R.S. RAVI, SR. ADV. FOR SRI DEVI PRASAD SHETTY, ADV.) - 6 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS AND: 1. SRI DILLI BABU K S/O SRI KUPPUSWAMY N R/AT PLOT NO.4A VIJAYA GARDEN 31ST CROSS STREET SHAKTHIVEL NAGAR PUZHAL, CHENNAI-600066. 2. UNITED INDIA INSURANCE CO. LTD., MOTOR DEALER DIVISION KRISHI BHAVAN HUDSON CIRCLE BANGALORE-01. ...RESPONDENTS (BY SRI. B.S. RAMAKRISHNA, ADV. FOR R2 NOTICE TO R1 D/W) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO.4624/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-11, DISMISSING THE CLAIM PETITION FOR COMPENSATION. IN MFA NO. 2829/2023: BETWEEN: THE MANAGER BHARATHI AXA GIC LTD., I FLOOR, HOST CENTRE, NO.43, MILLERS ROAD, VASANTH NAGAR, BENGALURU - 560052 NOW REP BY THE MANAGER ICICI LOMBARD GIC LTD., NO.121, THE ESTATE BUILDING, 9TH FLOOR, DICKSON ROAD BANGALORE- 42. ...APPELLANT (BY SRI. PRADEEP B., ADV.) - 7 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS AND: 1. SMT. S. NAIMA W/O LATE S ROUNAK HUSSAIN @ S ROUNAK HUSSEN, AGED ABOUT 50 YEARS 2. SMT. S RESHMA W/O NAWAZ D/O LATE S ROUNAK HUSSAIN @ S ROUNAK HUSSEN, AGED ABOUT 31 YEARS 3. S YARAB S/O LATE S ROUNAK HUSSAIN @ S ROUNAK HUSSEN, AGED ABOUT 28 YEARS 4. S MUBARAK D/O LATE S ROUNAK HUSSAIN @ S ROUNAK HUSSEN, AGED ABOUT 25 YEARS 5. SMT. S JAIBOON BHI W/O LATE SABJAN SAHEB AGED ABOUT 71 YEARS RESPONDENT NO.1, 2, 3 & 5 ARE ALL R/AT NO 4-29/1, NEAR POLICE STATION THAGGUVARI PALLI, CHIATTOOR ANDHRA PRADESH- 517415. RESPONDENT NO.4 IS R/AT NO.584/163, 30TH CROSS JAYANAGAR, TILAKNAGAR BENGALURU SOUTH BENGALURU- 560 041. 6. SREENIVASULU REDDY BERI S/O CHINNA VEERA REDDY BERI, DECEASED, REP. BY HIS LRS VIVEKANANDA REDDY S/O LATE SREENIVASULU REDDY BERI, - 8 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS AGED ABOUT:MAJOR S/O LATE SREENIVASULU REDDY BERI, NO.747, SUCASA AVENUE APARTMENT, I MAIN, C BLOCK, AECS LAYOUT, KUNDANAHALLI, RAMANGONDANAHALLI BENGALURU- 560066. 7. UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, NEXT TO MAGISTRATE COURT, NRUPATHUNGA ROAD, BENGALURU REP. BY ITS MANAGER. 8. DILLIBABU K S/O KUPPUSWAMY N AGED ABOUT: MAJOR PLOT NO.4A, VIJAYA GARDEN, 31ST CROSS STREET, SAKTHIVAL NAGAR, PUZHAI, CHENNAI, TAMIL NADU - 600065. ...RESPONDENTS (BY SRI. RAGHU R., ADV. FOR R1 TO R5 SRI R.S. RAVI, SR. ADV. FOR SRI DEVI PRASAD SHETTY, ADV. FOR R6 SRI B.A. RAMAKRISHNA, ADV. FOR R7 R8 SERVED & UNREPRESENTED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO.3712/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-11, AWARDING COMPENSATION OF RS.11,75,332/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 2890/2023: BETWEEN: THE MANAGER, BHARTI AXA GIC LTD THE FERNS ICON BUILDING 1ST FLOOR, SY. NO.28 DODDANEKKUNDI OUTER RING ROAD BENGALURU-560037 - 9 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS NOW REP. BY THE MANAGER ICICI LOMBARD GIC LTD., #121, THE ESTATE BUILDING 9TH FLOOR, DICKSON ROAD BANGALORE-42. ...APPELLANT (BY SRI. PRADEEP B., ADV.) AND: 1. M. SIREESHA, W/O LATE BERI VENKATESHWARA REDDY AGED ABOUT 27 YEARS R/AT NO.747, 1ST MAIN ROAD C BLOCK, AECS LAYOUT KUNDANAHALLI BENGALURU-560037. 2. DILLI BABU K S/O KUPPUSWAMY N AGED ABOUT:MAJOR R/AT PLOT NO.4A VIJAYA GARDEN 31ST CROSS STREET SHAKTIVEL NAGAR, PUZHAL CHENNAI-600066. 3. UNITED INDIA INSURANCE CO. LTD., MOTOR DEALER DIVISION KRISHI BHAVAN, HUDSON CIRCLE BENGALURU-560001 REP. BY ITS MANAGER. 4. BERI VIVEKANANDA REDDY S/O LATE BERI SRINIVASULU REDDY AGED ABOUT: MAJOR R/A NO.747, SUCASA AVENUE APARTMENT 1ST MAIN, C BLOCK AECS LAYOUT, KUNDALAHALLI BENGALURU-560037. ...RESPONDENTS (BY SRI. PRAVEEN KUMAR K. N., ADV. FOR R1 R2 SERVED & UNREPRESENTED SRI B.A. RAMAKRISHNA, ADV. FOR R3 SRI R.S. RAVI, SR. ADV. FOR SRI DEVI PRASAD SHETTY, ADV. FOR R4) - 10 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2022 PASSED IN MVC NO. 4623/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, SCCH-11, AWARDING COMPENSATION OF RS.1,26,61,135/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS ARE COMING ON FOR FINAL 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) These batch of appeals arise out of the same accident that took place on 30.08.2020 at about 09.15 am, involving Volvo Car bearing Registration No.KA-05- NA-0004, TVS-XL Moped bearing Registration No.AP-03- CA-8775 and Lorry bearing Registration No.TN-18-L-7099, resulting in death of three inmates of the Car and the driver of the TVS moped. 2. MFA No. 2890/2023 is filed by the Insurance Company questioning the negligence as well as quantum of compensation awarded and MFA No. 611/2023 is filed - 11 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS by the claimant not being satisfied with the quantum of compensation awarded by the Tribunal, both against the judgment and award dated 15.10.2022 in MVC No. 4623/2020. 3. MFA No. 2829/2023 is filed by the Insurance Company questioning the negligence and quantum of compensation awarded and MFA No.599/2023 is filed by the claimants not being satisfied with the quantum of compensation awarded by the Tribunal, both against the judgment and award dated 15.10.2022 in MVC No. 3712/2020. 4. MFA No. 609/2023 and MFA No. 612/2023 are filed by the claimants against the judgment and award dated 15.10.2022 in MVC No.4625/2020 and MFA No.4624/2020, respectively, dismissing the claim petition. - 12 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 5. IN MFA No.2890/2023 and MFA No. 611/2023: Claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short <MV Act, 1988=) in MVC No.4623/2020 claiming compensation for the death of her husband Late Beri Venkateswara Reddy. It is stated that the deceased was aged 29 years and was earning more than Rs.1,00,000/- per month. On issuance of notice, respondent No.2- Insurance Company of the Lorry denied the claim petition averments and particularly income of the deceased. It is also stated that the rider of the moped was riding his vehicle rashly and negligently and took a U-turn without following traffic rules and regulations. It is also stated that the lorry was parked much earlier to the alleged accident on the left side of the road after following traffic rules and regulations. It is further stated that the car was being driven by the deceased in a very high speed, rashly and negligently dashing first to the TVS XL moped and hence, losing - 13 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS control on the car and then went to left side of the road and dashed against the parked lorry. The fourth respondent-insurer of the car stated that accident has taken place only due to carelessness and negligence on the part of the lorry driver who had parked his vehicle on middle of the road without any indication to other road users. Further, respondent No.4 objected to the claim petition and stated that the rider of the TVS moped was riding the moped in a rash and negligent manner, without driving licence and without wearing helmet. It is stated that the charge sheet has been filed against the driver of the lorry as well as car. 5.1 Before the Tribunal, the claimant examined herself as PW1 and also examined PW2, apart from marking Exhibits P1 to P19. Respondents examined RW1 and RW2 and marked Exhibits R1 to R4. Based on the material on record, the Tribunal awarded total compensation of Rs.1,26,61,135/- along with interest of at - 14 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS the rate of 6% per annum from the date of Petition till realization on the following heads: Sl. No. PARTICULARS AMOUNT a Towards dependency and loss of future income Rs.1,25,91,135/- b Towards Consortium 1. Spousal consortium Rs.40,000/- c Towards Loss of estate and Funeral Expenses Rs.30,000/- Total Compensation Rs.1,26,61,135/- 5.2 While awarding the above compensation, the Tribunal assessed the income of the deceased at Rs.10,58,079/- per annum and added 40% of the assessed income towards Future Prospects, deducted 50% towards Personal and Living Expenses of the deceased and applied multiplier of 8179. The claimant, not being satisfied with the quantum of compensation awarded is in appeal in MFA No. 611/2023 and the insurer is in appeal in MFA No. 2890/2023, questioning the saddling of entire liability on the insurer of the car and questioning the quantum. - 15 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 6. IN MFA No.2829/2023 and MFA No.599/2023: The claimants in MVC No. 3712/2020 i.e., wife, children and mother of the deceased filed the claim petition under Section 166 of the MV Act, 1988, claiming compensation for the accidental death of S. Rounak Hussain, who was riding the TVS-XL Moped bearing Registration No.AP-03-CA-8775 and died in an accident involving moped, Volvo Car bearing Registration No.KA- 05-NA-0004, and Lorry bearing Registration No.TN-18-L- 7099, claiming compensation for the accidental death. It is stated that he was earning a sum of Rs.20,000/- per month and was aged about 48 years. 6.1 On appearance, the respondents No.1 to 3 filed their objections. The 1st Respondent denied the claim petition averments and further submitted that the accident occurred solely due to the carelessness and negligence on the part of the driver of the lorry bearing Registration No. TN-18-L-7099 as he has parked his vehicle on the middle - 16 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS of the road without any indication to other road users. Further, it is stated that the second respondent in his written statement particularly contended that the Volvo car was insured with first respondent and at the time of accident, Sri. Beri Srinivasulu Reddy, Smt. Beri Rathnamma Sri. Venkateshwara Reddy and Smt. M Sirisha were proceeding in Volvo Car from Bengaluru towards Nellore in Andhra Pradesh. It is stated that the deceased rider of the moped Rounak Hussain suddenly came negligently from opposite direction, from left side to right side after taking U-turn, which resulted in the accident. The third respondent in his objection has stated that due to rash and negligent driving of the driver of Volvo car, the accident occurred. It is stated that the driver of the car lost control over the vehicle and dashed against the parked lorry. 6.2 The claimants examined first claimant-wife of the deceased as PW1 apart from marking Exhibits P1 to P14(a). Respondents examined RW1 and RW2 and got - 17 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS marked Exhibit R1. The Tribunal based on the material on record, awarded total compensation of Rs.23,50,664/- on the following heads: Sl. No. PARTICULARS AMOUNT a Towards dependency and loss of future income Rs.21,20,664/- b Towards Consortium 1. Spousal consortium 2. Parental Consortium 3. Filial Consortium Rs. 40,000/- Rs.1,20,000/- Rs.30,000/- c Towards Loss of estate and Funeral Expenses Rs.30,000/- Total Compensation Rs.23,50,664/- 6.3 The Tribunal saddled 50% of negligence on the driver of the Volvo car and 50% on the deceased rider of the moped. The claimants are in appeal before this Court in MFA No. 599/2023 questioning the saddling of 50% negligence on the rider of the moped, whereas, the Insurance Company of the Volvo Car is in appeal before this Court in MFA 2829/2023, questioning the negligence and quantum of compensation awarded. - 18 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 7. IN MFA No. 609/2022: Claimant filed claim petition in MVC No.4625/2020 under Section 166 of the MV Act, 1988 claiming compensation for the accidental death of one Sri. Beri Srinivasulu Reddy-father of the claimant. It is stated that the deceased was aged 54 years and was Income Tax Assessee having income of more than Rs. 10,00,000/- per annum. The respondents on appearance, filed their objections. Particularly, respondent No. 2 denied the contents of the claim petition and further contented that the lorry was parked much earlier to the alleged accident on the left side of road after following traffic rules and regulations. It is further stated that the driver of the car drove the car in a high speed, rashly and negligently and firstly dashed against the moped and lost control over the car and then dashed against the parked lorry. Further, it is also contented that the driver of the lorry had no valid and effective driving licence as on the date and time of the accident and the liability if any, is subject to terms and - 19 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS conditions of the Insurance Policy. The claimant examined himself as PW1 and also examined PW2 apart from marking Exhibits P1 to P19. The respondents examined RW1 and did not mark any documents. The Tribunal on appreciating the material on record dismissed the claim petition holding that the accident took place solely due to the negligence of the driver of the car i.e. deceased father of the claimant. 8. IN MFA No. 612/2023: The claimant in MVC No.4624/2020 filed claim petition under 166 of the MV Act, 1988 claiming compensation for the accidental death of his mother, Beri Rathnamma, it is stated that the deceased was aged 53 years and was a home maker. On service of notice, the respondents appeared and filed their objections, taking similar contentions raised in other claim petitions. The claimant examined himself as PW1 apart from examining PW2 and also marked Exhibits P1 to P11. Respondents examined RW1. The Tribunal rejected the petition on the - 20 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS ground that the accident occurred solely due to the rash and negligent driving of the car by its driver, where the deceased was traveling as an inmate. 9. Heard Sri.R.S.Ravi learned Senior Counsel for Sri. Devi Prasad Shetty learned counsel on record in MFA No. 609/2023 and MFA No. 612/2023. Sri. Raghu R, learned counsel for claimants in MFA No.599/2023. Sri. Praveen Kumar K N, learned counsel for claimant in MFA No.611/2023, Learned counsel Sri. B Pradeep appearing for Insurance Company of the Volvo Car, B A Ramakrishna for respondent - Insurance Company of the Lorry. Perused the entire material on record including the original Trial Court Records. 10. Learned counsel Sri. B Pradeep appearing for insurer of the car would submit that the accident occurred solely due to the negligent parking of the offending lorry as well as the negligent driving of the rider of the moped deceased Sri. Rounak Hussain. He submits that the car - 21 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS was coming from Chittoor to Bangarupayam Village on Palamaner-Chittoor Highway and while the car reached near Bangarupalyam, it is stated that the rider of the moped came from opposite side and took U-turn suddenly and while trying to avoid the moped, the driver of the car dashed to the moped and consequently dashed to the parked lorry. He submits that if the lorry was not parked adjacent to the National Highway, the accidental death of the driver and inmates of the car would have been avoided. Thus, he would submit that the parking of the lorry adjacent to the Highway is the cause for the accident and accidental death of deceased driver and inmates of the car. 11. Learned Senior Counsel R S Ravi, appearing for claimants in MFA No. 609/2023 and MFA No. 612/2023 would support the submission of the learned counsel for the Insurance Company Sri. B Pradeep and further would submit that the rider of the moped suddenly took U-turn and came in front of the car and while trying to avoid - 22 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS accident, the rider of the car dashed to the moped and consequently dashed to the hind side of the lorry which was parked by the side of the National Highway without any signal or parking light. Thus, he would submit that the parking of lorry adjacent to the National Highway is the cause for accidental death of inmates of car and driver of car. Learned Senior Counsel would invite attention of this Court to Section 122 of the MV Act, 1988 to contend that no motor vehicle shall be caused or allowed to be parked on any public place in such a position or in such a condition or in such circumstances so as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place. Further, he submits that the lorry was parked without any signal or by lighting the parking lights. Thus, he would submit that the accident occurred solely due to the parking of the lorry adjacent to the National Highway. 12. Per contra, with regard to negligence, learned counsel Sri.Ramakrishna appearing for United India - 23 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS Insurance Company-insurer of the lorry would submit that the lorry was parked at the parking bay and it was not parked on the Highway or adjacent to the Highway. It is submitted that the accident occurred solely due to the rash and negligent driving of the deceased driver of the car. Sri. Ramakrishna, learned counsel referring to the Sketch at Ex.P4 would submit that the lorry was parked at the parking bay, away from the National Highway and there was no reason for the driver of the car to hit the parked lorry in the parking bay. Moreover, learned counsel also referred to Ex. P3(a) - Spot Mahazar to submit that the lorry was parked at Kumarraja Mango Groove Parking Place. Thus, he would support the judgment and award passed by the Tribunal. 13. Having heard the learned counsel for the parties on the question of negligence, the following point would arise for consideration: <Whether the finding of the Tribunal that the accident occurred solely due to the negligent driving of the driver of the car and rider of the - 24 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS moped is justified in the facts and circumstances of the case?= 14. The answer to the above point would be in the negative for the following reasons. The occurrence of the accident involving Volvo car bearing Registration No.KA-05-NA-0004, TVS-XL Moped bearing Registration No.AP-03-CA-8775 and Lorry bearing Registration No.TN-18-L-7099 on 15.10.2022 and the death of three inmates of the car as well as the rider of the moped is not in dispute in the present appeals. The insurer of the Volvo car is before this Court questioning the saddling of entire negligence on the driver of the car and the claimants in MFA No. 609/2023 and MFA No.612/2023 are before this Court questioning the dismissal of the claim petitions on the finding that the accident had taken place solely due to the negligent driving of the deceased driver of the car. - 25 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 15. To appreciate the contention with regard to negligence raised by the learned counsel for the parties, it is necessary to look into Ex. P3- Spot Mahazar and translated copy of Exhibit P3(a) as well as Ex.P4- Sketch of the spot of accident. The Spot Mahazar would record that the lorry was parked by the side of the road margin with iron load in it. The Mahazar would also indicate that it was found that half portion of the car had got stuck to the back side of the lorry and the front side of the car was completely crushed. Ex.P4- Spot Sketch would indicate that the car was coming from Chittoor to Bangarupalyam on Palamaner-Chittoor National Highway No. 69 and when it reached Bangarupalyam, the deceased rider of the moped took U-turn from the opposite side, came in front of the car which was coming from Chittoor side. As the rider of the moped took U-turn suddenly, the driver of the car dashed to the moped and it appears that on dashing the moped, the car is dragged and dashed to the hind side - 26 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS of the lorry which was parked on the margin/adjacent to the National Highway. 16. Learned counsel for the Insurer of lorry contended that the lorry was parked in the parking place or parking bay. The said contention cannot be appreciated by looking into Ex. P4-Sketch and Ex.P3- Mahazar. 17. Section 122 of the MV Act, 1988 reads as follows: <122. Leaving vehicle in dangerous position. - No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.= A perusal of the above provision as well as Regulation No.15 of Road Regulations, 1989, would indicate that it is the duty and obligation of every driver of a motor vehicle to park the vehicle in such a way that it does not cause or is not likely to cause danger, obstruction or undue - 27 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS inconvenience to other road users. It is the duty of the drivers not to park the vehicle on the road or adjacent to the road so as to cause inconvenience to other users of the road. 18. In the above circumstances, the Tribunal is not justified in coming to the conclusion that accidental death of the inmates of the car occurred solely due to the negligent driving of the deceased driver of the car. The above circumstances would indicate that the accident had occurred due to the negligent driving of the deceased driver of the car, deceased rider of the moped as well as the driver of the lorry who had parked the lorry adjacent to the National Highway. 19. Regulation 22 of the Motor Vehicles (Driving) Regulations, 2017 makes it clear that a vehicle shall not be parked on a main road or at a stretch of a road where the notified maximum speed limit is 50 km/hour. This would strictly apply to the National Highway, where the - 28 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS instant accident had taken place. Therefore, the driver of the lorry who had parked the lorry adjacent to the National Highway is also equally responsible for occurrence of the accidental death of the deceased. With regard to accidental death of the rider of the moped, the manner of occurrence of accident would indicate that the death occurred because the rider of the moped suddenly took a U-turn which led to the Volvo Car dashing against the moped. Thus, for the accidental death of the deceased rider of the moped, the findings of the Tribunal is maintained and it is held that the driver of the moped and the driver of the Volvo Car are equally negligent, i.e. 50% each. 20. With regard to the accidental death of the inmates of the car, the manner of occurrence of accident would indicate that although the accident occurred due to the negligence of the moped and the Volvo Car, that alone would not have resulted in the death of the inmates of the car. The dashing of the car to the parked lorry from behind - 29 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS is what led to the accidental death of the inmates of the car. Thus, we deem it fit to hold that the driver of the Volvo car and the parked lorry are equally negligent for the accidental death of the 3 inmates of the car. Compensation to be awarded in MFA No. 2890/2023 and MFA No. 611/2023: 21. Having heard the learned counsel for the parties on the aspect of compensation to be awarded, the following point would arise for consideration: i. <Whether the quantum of compensation granted by the Tribunal in MVC No. 4623/2020 is just and proper?= 22. The answer to the above point would be partly in the negative for the following reasons. With regard to the compensation to be awarded to the claimants, the Tribunal has assessed the annual income of the deceased in MVC No. 4623/2020, i.e., Sri Beri Venkateshwara Reddy, by taking into account the net - 30 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS income declared by the deceased for the Assessment Year 2020-21 (for short 8AY'). As could be seen from Ex. P11, P13 and P15, the claimants had produced the income tax returns for the AYs 2018-19 and 2019-20 as well. For the AY 2018-19, the deceased had declared gross income of Rs.7,02,017/-; for the AY 2019-20, the deceased had declared gross income of Rs.11,16,345/-; and for AY 2020-21 the deceased had declared gross income of Rs. 12,45,789/-. The Tribunal committed an error in assessing the income of the deceased taking net income for the AY 2020-21 instead of assessing income taking average of three years. 23. Since there is a substantial increase in the income declared as compared to the past 2 years preceding the date of accident, we deem it appropriate to calculate the annual income of the deceased on average basis. On taking the average of the income of the deceased for the AYs, after deduction of taxes, the monthly income of the deceased is assessed at - 31 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS Rs.75,706/-. Since the deceased was aged 29 years as on the date of accident, the Tribunal is justified in adopting the multiplier of 8179 and adding 40% towards future prospects. We do not find any infirmities in so far as the deductions made for personal and living expenses of the deceased, as the deceased admittedly had only one dependent, i.e., claimant-wife. On re-computation of the monthly income of the deceased, the claimant shall be entitled to compensation under the head 8loss of dependency9 as under: 75,706+40%X1/2X12X17= Rs.1,08,10,816/- 24. With regard to the compensation under the conventional heads, the Tribunal is justified in granting Rs. 40,000/- towards spousal consortium and Rs.15,000/- each towards 8funeral expenses9 and 8loss of estate9. Thus, the claimant shall be entitled for the following modified compensation: - 32 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS Sl. No. PARTICULARS AMOUNT 1. Loss of Dependency Rs. 1,08,10,816/- 2. Loss of Consortium Rs. 40,000/- 3. Loss of Estate Rs. 15,000/- 4. Funeral Expenses and Transportation Charges Rs. 15,000/- TOTAL Rs.1,08,80,816/- Thus, the claimant in MVC No. 4623/2020 would be entitled to the compensation of Rs. 1,08,80,816/- as against Rs.1,26,61,135/- awarded by the Tribunal, at the rate of 6% per annum from the date of petition till the date of realization. Since, we have held that the lorry too was negligent to an extent of 50%, Respondent No.2- Insurance Company as well as Respondent No.4-Insurance Company in MFA No. 611/2023 shall be liable to an extent of 50% each. Compensation to be awarded in MFA No. 2829/2023 and MFA No. 599/2023 - 33 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 25. Having heard the learned counsel for the parties on the aspect of compensation to be awarded, the following point would arise for consideration: i. <Whether the quantum of compensation granted by the Tribunal in MVC No. 3712/2020 is just and proper?= 26. The answer to the above point would be in the affirmative for the following reasons: With regard to the compensation to be payable in MVC No. 3712/2020, since the claimants have not produced any relevant documents to establish the monthly income of the deceased Sri. Rounak Hussain to be Rs.20,000/- per month, the Tribunal is justified in assessing the income of the deceased notionally at Rs. 14,500/- per month for the accidental death of the year 2020 as per the chart prepared by Karnataka State Legal Services Authority (hereinafter referred to as 8KSLSA9). Since the deceased was aged 48 years as on the date of accident, the Tribunal is justified in adding 25% of the assessed income towards future prospects and adopting the multiplier of 8139. The - 34 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS Tribunal is also justified in deducting 1/4th towards personal and living expenses of the deceased. Thus, the claimant shall be entitled to compensation under the head 8loss of dependency9 to the tune of Rs. 21,20,625/-. We do not find any infirmity with the quantum of compensation awarded by the Tribunal under the conventional heads as well. 27. Thus, the claimants in MVC No. 3712/2020 shall be entitled to compensation of Rs. 23,50,625/- at the rate of 6% per annum from the date of petition till the date of realization. Since we have held that the deceased rider of the moped as well as the deceased driver of the Volvo car are equally liable, the claimants shall be entitled to only 50% of the total compensation awarded, i.e., by the Insurer of the Volvo Car. Thus, the claimants shall be entitled to compensation of Rs. 11,75,312/- to be payable by Respondent No. 1 insurance company in MFA No. 599/2023. - 35 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS Compensation to be awarded in MFA No. 612/2023 28. Having heard the learned counsel for the parties on the aspect of compensation to be awarded, the following point would arise for consideration: i. <Whether the Tribunal erred in dismissing the claim petition in MVC No. 4624/2020; and if yes, what amount of just compensation are the claimants entitled to, and from whom?= 29. The answer to the above point would be partly in the affirmative for the following reasons. Since we have held that the driver of the lorry was equally negligent for the accident that led to the death of the inmates of the car, it is necessary to assess the compensation to be payable to the claimant in MVC No. 4624/2020, which has been filed seeking compensation for the accidental death of the mother of the claimant, i.e. Smt. Beri Rathnamma. 30. A perusal of the pleadings before the Tribunal, the Appeal Memo as well as the Trial Court Records would indicate that, although compensation of Rs.50,00,000/- - 36 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS has been sought by the claimant, there is not a single averment or any documentary evidence to establish income of the deceased. In fact, it has been averred that the deceased was a housemaker doing all the household works and was managing the affairs of the family. Such being the circumstances, we deem it fit to assess the monthly income of the deceased Smt. Beri Rathnamma at Rs.10,000/- per month. 31. As could be seen from Ex. P10-Aadhar Card produced, the deceased was aged 53 years as on the date of accident and hence, the multiplier applicable would be 8119 and 10% is to be added towards future prospects. We deem it fit to deduct 50% towards personal and living expenses of the deceased. Thus, the claimant in MVC No. 4624/2020 shall be entitled to compensation under the head 8loss of dependency9 as under: (10,000+10% of 10,000) X1/2X11X12= Rs.7,26,000/- - 37 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 32. With regard to the conventional heads, the claimant shall be entitled to Rs. 40,000/- under the head 8loss of consortium9 and Rs. 15,000/- each under the heads of 8loss of estate9 and 8funeral and transportation expenses.9 Thus, the claimant in MVC No. 4624/2020 shall be entitled for the following compensation: Sl. No. PARTICULARS AMOUNT 1. Loss of Dependency Rs. 7,26,000/- 2. Loss of Consortium Rs. 40,000/- 3. Loss of Estate Rs. 15,000/- 4. Funeral Expenses and Transportation Charges Rs. 15,000/- TOTAL Rs. 7,96,000/- 33. Thus, the claimant in MVC No. 4624/2020 would be entitled to the compensation of Rs. 7,96,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Since we have held that the lorry was negligent to an extent of 50% and since the Insurance Company of the car has not been made a party to the proceedings, it is directed that the Respondent No.2 - 38 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS Insurance Company in the Petition shall deposit a sum of Rs.3,98,000/- as compensation for the accidental death of Smt. Beri Rathnamma to the claimant, being 50% of entitled compensation. Compensation to be awarded in MFA No. 609/2023 34. Having heard the learned counsel for the parties on the aspect of compensation to be awarded, the following point would arise for consideration: i. <Whether the Tribunal erred in dismissing the claim petition in MVC No. 4625/2020; and if so, what amount of just compensation are the claimants entitled to, and from whom?= 35. The answer to the above point would be in the affirmative for the following reasons. Since we have held that the driver of the lorry was equally negligent for the accident that led to the death of the inmates of the car, it is necessary to assess the compensation to be payable to the claimant in MVC No. 4625/2020, which has been filed seeking compensation for - 39 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS the accidental death of the father of the claimant, one Sri Beri Srinivasulu Reddy. 36. In order to establish the income of the deceased, the claimant has produced Ex. P11, P13 and P15, which are the Income Tax Returns of the deceased for the AYs 2018-19, 2019-20 and 2020-21. For the AY 2018-19, the deceased had declared gross income of Rs. 24,47,473/-; for the AY 2019-20, the deceased had declared gross income of Rs. 27,13,502/-; and for the AY 2020-21, the deceased had declared gross income of Rs. 17,24,345/-. We deem it fit to assess the income on the basis of average of the gross income as declared by the deceased in the 3 AYs. Thus, the annual income of the deceased is assessed at Rs. 18,23,350/- after deduction of the applicable taxes. As on the date of the death, the deceased was aged 54 years. Hence, the multiplier applicable would be 8119 and 10% is to be added towards future prospects of the deceased. We deem it fit to deduct 50% towards personal and living expenses of the - 40 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS deceased. Thus, the claimant in MVC No. 4625/2020 shall be entitled to compensation under the head 8loss of dependency9 as under: (Rs.18,23,350+10% of Rs.18,23,350) X 1/2 X 11= Rs.1,10,31,267/- 37. With regard to the compensation to be awarded under the conventional heads, the claimant shall be entitled to Rs. 40,000/- under the head 8loss of consortium9 and Rs. 15,000/- each under the heads of 8loss of estate9 and 8funeral and transportation expenses.9 Thus, the claimant in MVC No. 4625/2020 shall be entitled for the following compensation: Sl. No. PARTICULARS AMOUNT 1. Loss of Dependency Rs. 1,10,31,267/- 2. Loss of Consortium Rs. 40,000/- 3. Loss of Estate Rs. 15,000/- 4. Funeral Expenses and Transportation Charges Rs. 15,000/- TOTAL Rs.1,11,01,267/- - 41 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS 38. Since we have held that the driver of the lorry was liable to an extent of 50%, the claimant shall be entitled to merely 50% of the compensation that has been assessed, as the deceased himself was the driver of the Volvo Car. Thus, the claimant shall be entitled to Rs.55,50,633/- to be payable by the Respondent Insurance Company in MFA No. 609/2023. In the result, we proceed to pass the following: ORDER in MFA No. 2890/2023 AND MFA No.611/2023 a) MFA No. 2890/2023 filed by the Insurance Company is partly allowed. b) MFA No. 611/2023 filed by the Claimant in MVC No. 4623/202 is dismissed. c) The impugned judgment and award of the Tribunal in MVC No. 4623/2020 is modified holding that the claimants would be entitled to the compensation of Rs.1,08,80,816/- as - 42 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS against Rs.1,26,61,135/- awarded by the Tribunal. The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) Respondent No. 2 and Respondent No. 4 in MFA No. 611/2023 shall deposit 50% of the total compensation each with accrued interest before the Tribunal within four weeks from the date of receipt of certified copy of this judgment. e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal. f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. g) Draw the modified award accordingly. ORDER in MFA No. 2829/2023 and MFA No.599/2023 a) MFA No. 2829/2023 filed by the Insurance Company is dismissed. - 43 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS b) MFA No. 599/2023 filed by the claimants is dismissed. c) The impugned judgment and award of the Tribunal is maintained holding that the claimants would be entitled to the compensation of Rs. 11,75,312/-. d) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. h) Respondent No. 1 Insurance Company in MFA No. 599/2023 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. i) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal. j) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. - 44 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS k) Draw the modified award accordingly. ORDER in MFA No. 612/2023 a) MFA No. 612/2023 is partly allowed. b) The claimant shall be entitled to compensation of Rs.3,98,000/- being 50% of total compensation, to be payable by Respondent No. 2 - Insurance Company. c) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) The 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. e) The entire amount shall be released in favour of the petitioner. f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. - 45 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS g) Draw the award accordingly. ORDER in MFA No. 609/2023 a) MFA No. 609/2023 filed by the claimants is partly allowed. b) The claimant shall be entitled to compensation of Rs.55,50,633/- being 50% of the total compensation, to be payable by Respondent No. 2 Insurance Company. c) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) The 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. e) The entire amount shall be released in favour of the petitioner. - 46 - HC-KAR NC: 2026:KHC:15825-DB MFA No. 611 of 2023 C/W MFA No. 599 of 2023 MFA No. 609 of 2023 AND 3 OTHERS f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. g) Draw the award accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 1 Sl No.: 13