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:
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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
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
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NC: 2025:KHC-K:5577
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.
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NC: 2025:KHC-K:5577
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
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.
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NC: 2025:KHC-K:5577
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
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NC: 2025:KHC-K:5577
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.
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NC: 2025:KHC-K:5577
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.
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NC: 2025:KHC-K:5577
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
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
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
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/-.
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NC: 2025:KHC-K:5577
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.
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NC: 2025:KHC-K:5577
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
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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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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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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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
CT:VK
