Karnataka High Court
Kishan S/O Gopichand Sonar vs Gunderao And Anr on 18 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISC. FIRST APPEAL NO.200989 OF 2019 (MV-I)
C/W
MISC. FIRST APPEAL NO.202521 OF 2018
MISC. FIRST APPEAL NO.202523 OF 2018
MISC. FIRST APPEAL NO.202524 OF 2018
MISC. FIRST APPEAL NO.200990 OF 2019
MISC. FIRST APPEAL NO.200991 OF 2019
IN M.F.A.NO.200989/2019
BETWEEN:
Digitally signed
by KHAJAAMEEN
MALAGHAN KISHAN
Location: HIGH S/O GOPICHAND SONAR,
COURT OF
KARNATAKA AGE: 57 YEARS,
OCC: AGRICULTURAL LABOUR, NOW NIL,
R/O: SARAPHOS KINNI TANDA,
(SONAR TANDA KINNISARPHOS),
TQ. & DIST. KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
-2-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
AND:
1. GUNDERAO
S/O NAMDEV,
AGE: MAJOR,
OCC: BUSINESS,
OWNER OF VEHICLE MAHINDRA JEEP
NO.KA-29/M-0734,
R/O: H.NO.1-73, SARAPHOS KINNI VILLAGE,
TQ. & DIST: KALABURAGI - 585 105.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
REP. BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 07.09.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 11.10.2018 PASSED BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN
MVC.NO.9/2017 BY ENHANCING THE COMPENSATION AMOUNT
FROM RS.1,23,500/- TO RS.15,00,000/-, IN THE INTEREST OF
JUSTICE AND EQUITY.
-3-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
IN M.F.A.NO.202521/2018
BETWEEN:
IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
(NOW REP. BY ITS AUTHORIZED SIGNATORY
BANGALORE)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. SHANBAI @ SHARANABAI
W/O LATE SHANKAR SONAR,
AGE: 42 YEARS,
OCC: HOUSEHOLD
2. RAMU
S/O LATE SHANKAR SONAR,
AGE: 23 YEARS,
OCC: NIL., UNEMPLOYED,
3. VENKAT
S/O LATE SHANKAR SONAR,
AGE: 21 YEARS,
OCC: NIL., UNEMPLOYED,
4. HEMRAJ
S/O LATE SHANKAR SONAR,
AGE: 20 YEARS,
OCC: STUDENT,
-4-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
5. ANITA D/O LATE SHANKAR SONAR,
AGE: 19 YEARS, OCC: STUDENT,
ALL R/O: SARAPHOS KINNI TANDA,
(SONAR THANDA, KINNISARPHOS),
TQ: AND DIST: KALABURAGI - 585 101.
6. GUNDERAO S/O NAMDEV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF MAHINDRA JEEP
NO.KA-29/M-0734,
R/O: H.NO.1-73,
VILLAGE SARAPHOS KINNI,
TQ. AND DIST: KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI SANJEEV PATIL, ADVOCATE FOR R1 TO R5;
V/O DATED 21.09.2024 NOTICE TO R6 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED 11.10.2018 IN
M.V.C.NO.7/2017 PASSED BY THE III ADDITIONAL SENIOR
CIVIL JUDGE AND M.A.C.T., AT KALABURAGI, IN THE INTEREST
OF JUSTICE AND EQUITY.
-5-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
IN M.F.A.NO.202523/2018
BETWEEN:
IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
(NOW REP. BY ITS AUTHORIZED SIGNATORY
BANGALORE)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. HANMANTH S/O POOLSINGH,
AGE: 51 YEARS, OCC: AGRIL., LABOUR, NOW NIL,
R/O: SARAPHOS KINNI TANDA,
(SONAR THANDA, KINNISARPHOS),
TQ: AND DIST: KALABURAGI - 585 101.
2. GUNDERAO S/O NAMDEV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF MAHINDRA JEEP
NO.KA-29/M-0734,
R/O: H.NO.1-73, VILLAGE SARAPHOS KINNI,
TQ. AND DIST: KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI SANJEEV PATIL, ADVOCATE FOR R1;
V/O DATED 11.09.2024 NOTICE TO R2 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED 11.10.2018 IN
M.V.C.NO.8/2017 PASSED BY THE III ADDITIONAL SENIOR
CIVIL JUDGE AND M.A.C.T., AT KALABURAGI, IN THE INTEREST
OF JUSTICE AND EQUITY.
-6-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
IN M.F.A.NO.202524/2018
BETWEEN:
IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
(NOW REP. BY ITS AUTHORIZED SIGNATORY
BANGALORE)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. KISHAN S/O GOPICHAND SONAR,
AGE: 56 YEARS,
OCC: AGRICULTURE, LABOUR, NOW NIL,
R/O: SARAPHOS KINNI TANDA,
(SONAR TANDA KINNISARPHOS),
TQ. & DIST. KALABURAGI - 585 101.
2. GUNDERAO S/O NAMDEV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF MAHINDRA JEEP
NO.KA-29/M-0734,
R/O: H.NO.1-73, VILLAGE SARAPHOS KINNI,
TQ. AND DIST: KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI SANJEEV PATIL, ADVOCATE FOR R1;
V/O DATED 11.09.2024 NOTICE TO R2 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED 11.10.2018 IN
M.V.C.NO.9/2017 PASSED BY THE III ADDITIONAL SENIOR
CIVIL JUDGE AND M.A.C.T., AT KALABURAGI, IN THE INTEREST
OF JUSTICE AND EQUITY.
-7-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
IN M.F.A.NO.200990/2019
BETWEEN:
HANMANTH
S/O POOLSINGH,
AGE: 50 YEARS,
OCC: AGRIL., LABOUR, NOW NIL,
R/O: SARAPHOS KINNI TANDA,
(SONAR THANDA, KINNISARPHOS),
TQ: AND DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. GUNDERAO S/O NAMDEV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF VEHICLE MAHINDRA JEEP
NO.KA-29/M-0734,
R/O: H.NO.1-73, SARAPHOS KINNI VILLAGE,
TQ. & DIST: KALABURAGI - 585 105.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
REP. BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 07.09.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 11.10.2018 PASSED BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN
MVC.NO.8/2017 BY ENHANCING THE COMPENSATION AMOUNT
FROM RS.4,08,500/- TO RS.15,00,000/-, IN THE INTEREST OF
JUSTICE AND EQUITY.
-8-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
IN M.F.A.NO.200991/2019
BETWEEN:
1. SMT. SHANBAI @ SHARANABAI
W/O LATE SHANKAR SONAR,
AGE: 43 YEARS,
OCC: HOUSEHOLD
2. RAMU
S/O LATE SHANKAR SONAR,
AGE: 24 YEARS,
OCC: NIL.,
3. VENKAT
S/O LATE SHANKAR SONAR,
AGE: 22 YEARS,
OCC: STUDENT,
4. HEMRAJ S/O LATE SHANKAR SONAR,
AGE: 21 YEARS,
OCC: STUDENT,
5. ANITA D/O LATE SHANKAR SONAR,
AGE: 20 YEARS,
OCC: STUDENT,
ALL R/O: SARAPHOS KINNI TANDA,
(SONAR THANDA, KINNISARPHOS),
TQ: AND DIST: KALABURAGI - 585 101.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
-9-
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
1. GUNDERAO S/O NAMDEV,
AGE: MAJOR, OCC: BUSINESS,
OWNER OF VEHICLE MAHINDRA JEEP
NO.KA-29/M-0734,
R/O: H.NO.1-73, SARAPHOS KINNI VILLAGE,
TQ. & DIST: KALABURAGI - 585 105.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 102.
REP. BY ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 07.09.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 11.10.2018 PASSED BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN
MVC.NO.7/2017 BY ENHANCING THE COMPENSATION AMOUNT
FROM RS.8,98,000/- TO RS.15,00,000/-, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE MFA'S, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 10 -
NC: 2025:KHC-K:5577
MFA.No.200989 of 2019
C/W MFA.No.202521 of 2018
MFA.No.202523 of 2018
HC-KAR MFA.No.202524 of 2018
MFA.No.200990 of 2019
AND MFA.NO.200991/2019
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
MFA.No.202521/2018, MFA.No.202523/2018 and MFA.No.202524/2018 are filed by the insurance company challenging its liability to pay the compensation passed in MVC.No.7/2017, MVC.No.8/2017 and MVC.No.9/2017 dated 11.10.2018, by the III Additional Senior Civil Judge and MACT, Kalaburagi (fort short 'Tribunal')
02. MFA.No.200989/2019, MFA.No.200990/2019 and MFA.No.200991/2019 are filed by the claimants seeking enhancement of the compensation as awarded by the Tribunal.
03. The facts leading to filing of the claim petitions are as under :-
That on 15.09.2015 at about 12.30 p.m. near land of one Shivaraj, on Kathalli - Laldhari road, Shankar Sonar (deceased), Hanamanth (claimant in MVC.No.8/2017 and
- 11 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 Kishan (claimant in MVC.No.9/2017) were traveling in Mahindra Jeep bearing Reg.No.KA-29-M-0734, the driver of the said Jeep drove the same in a rash and negligent manner, he lost control over the vehicle and dashed to the tree. As a result, the deceased - Shankar Sonar sustained grievous injuries and died on the spot and other two sustained grievous injuries. The legal heirs of the deceased
- Shankar Sonar and other two were filed claim petitions. The Tribunal assessed the compensation and passed the award and fixed the liability on the insurance company to pay the award amount.
04. Aggrieved by the liability to pay the compensation, the insurance company has filed MFA.No.202521/2018, MFA.No.202523/2018 and MFA.No.202524/2018 and the claimants have filed MFA.No.200989/2019, MFA.No.200990/2019 and MFA.No.200991/2019 for enhancement of the compensation.
- 12 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
05. Heard the learned counsel for the appellants and the learned counsel for the respondents.
06. Learned counsel for the insurance company would contend that the deceased and other two injured were passengers in the insured vehicle. The insurance policy is a Act Policy. The deceased and other two injured were passengers are not third party and therefore, the insurance company is not liable to pay the compensation, as insurance company has collected Rs.500/- as additional premium and it is liable to pay only Rs.1,00,000/- per passenger.
07. Learned counsel for the claimants would contend that the insurance company in their objections has not taken any such contentions. RW.1 - officer of the insurance company has stated in his evidence that he has collected premium for passenger and considering the same, the Tribunal has rightly fastened the liability to pay the award amount on the insurance company.
- 13 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
08. Learned counsel for the claimants would contend that the accident has taken place in the year 2015 and income fixed under the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, the notional income is Rs.8,000/-. The Tribunal has failed to consider the said notional income. He further contends that the disability taken in respect of the claimant in MVC.No.9/2017 at 10%, even though the doctor - PW.2 has stated that the disability is 29%, the disability has to be taken at least 12%. He further submits that the compensation awarded under other heads i.e., pain and suffering, attendant charges, loss of income during the laid up period and loss of amenities are on lower side. He contends that the doctor has stated that implants are fixed and for removal of the same, the claimant required future medical expenses and the Tribunal has not awarded the compensation under the said head.
- 14 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
09. Learned counsel for the claimant further contended that the claimant in MVC.No.8/2017 has sustained four fractures. PW.2 - Doctor who issued the disability certificate has stated that injured has sustained 33% disability of the whole body. The Tribunal has erred in taking the disability at 11%. The disability ought to have been at least 13%. He further submits that the compensation awarded under other heads i.e., pain and suffering, attendant and conveyance charges, loss of income during the laid up period, loss of amenities are on lower side and they required to be enhanced.
10. Learned counsel for the claimant in MVC.No.7/2017 would contend that the deceased has left five dependents who are the claimants. Considering the same, the deduction taken at 1/3rd towards the personal expenses of the deceased and award of consortium are not
- 15 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 proper. He further submits that the claimants are entitled to future prospects at 10% as per the decision of National Insurance Company Limited vs. Pranay Sethi, reported in (2017) 16 SCC 680. With these, he prayed to enhance the compensation.
11. Having heard the arguments, this Court perused the impugned judgment and Trial Court records.
12. The insurance policy of the vehicle is at Ex.R.2. The officer of the insurance company has been examined as RW.2. The insurance company has collected the premium of Rs.500/- as P.A. to passengers. RW.1 has stated that the insurance company has collected the premium towards inmates of the vehicle and towards passengers.
- 16 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
13. On perusal of the statement of objections filed by the insurance company it reveals that no such defense has been taken with regard to the liability of the insurance company as contended by the learned counsel for the insurance company. The Tribunal considering the fact that the insurance company has collected Rs.500/- premium for passengers and the same has been admitted by RW.1, has rightly fastened the liability to pay the compensation amount on the insurance company.
14. In all three appeals, the Tribunal has taken the income at Rs.7,000/- per month. As per the Chart prepared by the Karnataka Legal Services Authority the notional income fixed for the year 2015 is Rs.8,000/-. Therefore, the notional income has to be taken at Rs.8,000/- per month as against Rs.7,000/- as taken by the Tribunal.
- 17 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 IN MFA.NO.200989/2019 (IN MVC.NO.9/2017) :-
15. The injured was 60 years old and he suffered fracture of shaft of right femur and implant is fixed and he has been admitted in the hospital for 10 days. PW.2 - Doctor who has issued Ex.P.9 - disability certificate has stated that the claimant has sustained 29% disability of the whole body. Considering the age and fracture sustained, the disability taken by the Tribunal at 10% is not proper and at least it is to be taken at 12%.
16. In view of the same, the claimant is entitled to loss of future income as under:-
Rs.8,000/- x 12 x 9 x 12% = Rs.1,03,680/-.
17. The claimant has sustained the fracture of shaft of right femur, considering his age, the compensation awarded towards pain and suffering by the Tribunal in a sum of Rs.10,000/- and loss of amenities in a sum of
- 18 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 Rs.10,000/- is not proper. The claimant is entitled to Rs.25,000/- each towards pain and suffering and loss of amenities.
18. The claimant was admitted in the hospital for 10 days and therefore, the claimant is entitled to attendant charges, food, conveyance charges, diet etc., in a sum of Rs.10,000/- as against Rs.5,000/- as awarded by the Tribunal.
19. The Tribunal has rightly awarded the compensation towards medical expenses at Rs.20,600/-.
20. As the claimant is admitted in the hospital for 10 days and he was advised to take rest, he is entitled to loss of income during the laid up period for 03 months in a sum of Rs.8,000/- x 3 = Rs.24,000/-.
- 19 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
21. The doctor has stated that the implants are fixed and the claimant has to spend an amount of Rs.35,000/- for removal of implants. Considering the same, the claimant is entitled to future medical expenses of Rs.30,000/-.
22. In view of the above, the claimant is entitled to total compensation as under:-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Loss of future income Rs.1,03,680/-
2 Pain and suffering Rs.25,000/-
3 Attendant and Rs.10,000/-
conveyance charges
4 Medical expenses Rs.20,600/-
5 Loss of income during Rs.24,000/-
the laid up period
6 Loss of amenities Rs.25,000/-
7 Future medical expenses Rs.30,000/-
Total Rs.2,38,280/-
23. In view of the above, the claimant is entitled to compensation of Rs.2,38,280/- as against Rs.1,23,500/- as awarded by the Tribunal.
- 20 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 IN MFA.NO.200990/2019 (IN MVC.NO.8/2017) :-
24. The claimant - injured is aged 55 years and as per the wound certificate - Ex.P.5 and the disability certificate - Ex.P.8, he has sustained four fractures and he was admitted in the hospital for 15 days. PW.2 - Doctor who has issued Ex.P.8 - disability certificate has stated that the claimant has suffered 33% of permanent disability. The Tribunal has taken disability at 11%. Considering that the claimant is aged 55 years old and he has sustained four fractures, the disability has to be taken at 13%. The Tribunal has taken the multiplier at 11 is just and proper.
25. In view of the same, the claimant is entitled to loss of future income as under :-
Rs.8,000/- x 12 x 11 x 13% = Rs.1,37,280/-.
- 21 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
26. As the claimant has sustained four fractures, he is entitled to compensation towards pain and suffering in a sum of Rs.1,00,000/- as against Rs.10,000/- as awarded by the Tribunal.
27. The claimant is entitled to compensation towards loss of amenities at Rs.1,00,000/- as against Rs.10,000/- as awarded by the Tribunal.
28. The claimant has been admitted in the hospital for 15 days. Therefore, he is entitled to attendant and conveyance charges in a sum of Rs.15,000/- as against Rs.7,500/- as awarded by the Tribunal.
29. The claimant is admitted in the hospital for 15 days and he was advised to take rest, he is entitled to loss of income during the laid up period for 03 months i.e., Rs.8,000/- x 3 = Rs.24,000/- as against Rs.3,500/- as awarded by the Tribunal.
- 22 -
NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
30. The Tribunal has rightly awarded the compensation towards medical expenses at Rs.2,75,900/-.
31. In view of the above, the claimant is entitled to total compensation as under:-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Loss of future income Rs.1,37,280/-
2 Pain and suffering Rs.1,00,000/-
3 Attendant and Rs.15,000/-
conveyance charges
4 Medical expenses Rs.2,75,900/-
5 Loss of income during Rs.24,000/-
the laid up period
6 Loss of amenities Rs.1,00,000/-
Total Rs.6,52,180/-
32. In view of the above, the claimant is entitled to compensation of Rs.6,52,180/- as against Rs.4,08,500/- as awarded by the Tribunal.
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NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 IN MFA.NO.200991/2019 (IN MVC.NO.7/2017) :-
33. The claimants are wife and four children of the deceased who was aged about 50 years as on the date of accident. As dependents are five in number, the deduction towards personal expenses is to be taken as 1/4th as against 1/3rd as taken by the Tribunal. The claimants are entitled to future prospect at 10%, as per the decision of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). The Tribunal has rightly taken the multiplier at
13.
34. In view of the same, the claimants are entitled to loss of dependency as under:-
Rs.8,000/- + 10% = Rs.8,800/- x 12 x 13 x 3/4 = Rs.10,29,600/-.
35. The claimants are entitled to consortium in a sum of Rs.40,000/- each i.e., Rs.2,00,000/- as against Rs.40,000/- as awarded by the Tribunal.
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NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019
36. The compensation as awarded by the Tribunal for love and affection is not required to be separately awarded.
37. The Tribunal has rightly awarded the compensation towards funeral expenses of Rs.15,000/- and towards loss of estate of Rs.15,000/-.
38. In view of the above, the claimants are entitled to total compensation is as under:--
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Loss of dependency Rs.10,29,600/-
2 Loss of consortium Rs.2,00,000/-
3 Funeral expenses Rs.15,000/-
4 Loss of estate Rs.15,000/-
Total Rs.12,59,600/-
39. In view of the above, the claimants are entitled to compensation of Rs.12,59,600/- as against Rs.8,98,000/- as awarded by the Tribunal.
40. In view of the above, the following;
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NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 ORDER I. The appeals in MFA.No.202521/2018, MFA.No.202523/2018 and MFA.No.202524/2018 filed by the insurance company are dismissed. II. The appeals MFA.No.200989/2019, MFA.No.200990/ 2019 and MFA.No.200991/2019 filed by the claimants are allowed in part.
III. The claimant in MFA.No.200989/2019 (in MVC.No.9/2017) is entitled to total compensation of Rs.2,38,280/- as against Rs.1,23,500/- as awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition, till its realization. IV. The claimants in MFA.No.200991/2019 (in MVC.No.7/2017) are entitled to total compensation of Rs.12,59,600/- as against Rs.8,98,000/- as awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition, till its realization.
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NC: 2025:KHC-K:5577 MFA.No.200989 of 2019 C/W MFA.No.202521 of 2018 MFA.No.202523 of 2018 HC-KAR MFA.No.202524 of 2018 MFA.No.200990 of 2019 AND MFA.NO.200991/2019 V. The claimant in MFA.No.200990/2019 (in MVC.No.8/2017) is entitled to total compensation of Rs.6,52,180/- as against Rs.4,08,500/- as awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition, till its realization. VI. The respondent No.2 - insurance company shall deposit the said award amount in all three claim petitions with interest before the Tribunal within 08 weeks from this day, failing which it is liable to pay interest at the rate of 9% p.a. VII. The amount in deposit is ordered to be transmitted to the Tribunal.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KJJ List No.: 1 Sl No.: 26 CT:VK