Allowed

Hanumanthappa S/O Ramappa Hunasihal v. Chiranjeevi S/O Apanna

Karnataka HC17 Sept 2025MFA/100878/2024

Case brief

AI extract

What is this about?

Ten miscellaneous first appeals filed by survivors of deceased persons involved in road traffic accidents were adjoined and disposed. The High Court enhanced the compensation components based on superior court guidelines regarding minor dependants, future prospects, and losses of dependency/consortium. The court also fixed a detailed interest rate declining for delayed periods but disallowed inter

What did the court decide?

Each appellant is entitled to enhanced compensation ranging from ₹2,25,000 to ₹5,57,200 with interest at 6% p.a. from the date of petition till realization; MFA 101912/2024 dismissed; no interest allo

Hanumanthappa S/O Ramappa Hunasihal Vs Chiranjeevi… — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC-D:12735 MFA No. 101893 of 2024 C/W MFA No. 100874 of 2024 MFA No. 100875 of 2024 HC-KAR AND 3 OTHERS

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101893 OF 2024 (MV-D)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 100874 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 100875 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 100878 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 100879 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 101912 OF 2024

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IN MFA NO.101893/2024

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BETWEEN:

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HANUMANTHAPPA S/O. RAMAPPA HUNASIHAL AGE: 67 YEARS, OCC: COOLE,

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YAMNUR S/O. HANUMANTHAPPA HUNISIHAL, AGE: 32 YEAS, OCC: COOLIE,

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BOTH ARE R/O. BOMMASAGAR TANDA, TQ AND DIST. KOPPAL-583228.

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.27 11:23:31 +0530

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(BY SRI. M. AMAREGOUDA, ADVOCATE)

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AND:

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CHIRANJEEVI S/O. APPANNA, AGE: 35 YEARS, OCC: DRIVER OF TIPPER BEARING NO. KA-35/A 279 R/O. MARUTHA POST ANANTHPUR, TQ: SANDUR, DIST. BELLARY-583119.

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…APPELLANTS

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K. HANUMANTHA S/O. K. NARASAPPA, AGE: 57 YEARS, OCC: OWNER OF TIPPER BEARING NO.KA-35/A-279, R/O. MARUTHA, POST: ANANTHAPUR,

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NC: 2025:KHC-D:12735 MFA No. 101893 of 2024 C/W MFA No. 100874 of 2024 MFA No. 100875 of 2024 AND 3 OTHERS

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HC-KAR

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TQ: SANDUR, DIST: BELLARY-583119.

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DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE CO . LTD, NO. 302, 3^RD FLOOR, S & S CORNER, PLOT NO. 48, HOSPITAL ROAD,

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(OPP. BOWRING AND LADY SURGEON HOSPITAL) SHIVAJI NAGAR, BANGALORE-560001)

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CHAGAPPA S/O. MUREGAPPA, AGE: 40 YEARS, OCC: OWNER OF KA-37/6568 TATA ACE, R/O. HAMPASADURGA, TQ: GANGAVATHI, DIST: KOPPAL-583235.

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DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD, UMA MAHESHWARA RAO BUILDING,

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1^ST FLOOR, STATION ROAD, HOSPET,

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TQ: HOSPET, DIST: BELLARY-583201.

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…RESPONDENTS

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(BY SRI. V.M. SHEELVANT AND SRI. VINAY KOUJALAGI, ADVOCATES FOR R1 AND R2;

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SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R3;

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SMT. PREETI SHASHANK, ADVOCATE FOR R5; R4- ABATED)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, TO ALLOW THE ABOVE MISCELLANEOUS FIRST APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED 22.03.2016 IN M.V.C. NO.436/2014 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND M.A.C.T, GANGAVATHI AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL.

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IN MFA NO.100874/2024

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BETWEEN:

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HIRE HANUMAPPA S/O HANUMAPPA AGE: 57 YEARS, OCC: COOLIE,

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RENUKAMMA W/O. HIRE HANUMAPPA, AGE: 47 YEARS, OCC: COOLIE,

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BOTH ARE R/O. BOMMASAGAR TANDA, TQ. & DIST: KOPPAL-583228.

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HC-KAR

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…APPELLANTS

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(BY SRI. M. AMAREGOUDA, ADVOCATE)

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AND:

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CHIRANJEEVI S/O. APPANNA AGE: 35 YEARS, OCC: DRIVER OF TIPPER BEARING NO. KA-35/A-279, R/O. MARUTHA, POST: ANANTHPUR, TQ: SANDUR, DIST: BELLARY - 583119.

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K. HANUMANTHA S/O. K.NARASAPPA, AGE: 57 YEARS, OCC: OWNER OF TIPPER BEARING NO.KA-35/A-279, R/O. MARUTHA, POST: ANANTHAPUR, TQ: SANDUR, DIST: BELLARY 583119.

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DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE CO.LTD., NO.302, 3^RD FLOOR, S AND S CORNER, PLOT NO. 48, HOSPITAL ROAD, OPP. BOWRING AND LADY SURGEON HOSPITAL, SHIVAJI NAGAR, BANGALORE-560001.

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CHAGAPPA S/O. MUREGAPPA AGE: 40 YEARS, OCC: OWNER OF KA-37/6568 TATA ACE, R/O. HAMPASADURGA, TQ: GANGAVATHI, DIST: KOPPAL 583235.

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DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., UMA MAHESHWARA RAO BUILDING, 1^ST FLOOR, STATION ROAD, HOSPET, TQ: HOSPET, DIST: BELLARY 583201.

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…RESPONDENTS

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(BY SRI. V.M. SHEELVANT AND SRI. VINAY KOUJALAGI, ADVS FOR R2; SRI. NAGARAJ C. KOLLOORI, ADV FOR R3; SMT. PREETI SHASHANK, ADV FOR R5; R4-ABATED)

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THIS MFA IS FILED U/SEC.173(1)OF MV ACT, 1988, PRAYING TO ALLOW THE ABOVE MISCELLANEOUS FIRST APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED 22.03.2016 IN M.V.C. NO.439/2014 PASSED BY THE COURT OF

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SENIOR CIVIL JUDGE AND M.A.C.T, GANGAVATHI AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.100875/2024

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BETWEEN:

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BASAPPA S/O. NANDEPPA INGALADAL, AGE: 67 YEARS, OCC: COOLIE,

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HANAMAVVA W/O. BASAPPA INGALDAL AGE: 57 YEARS, OCC. HOUSEHOLD,

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BOTH ARE R/O. BOMMASAGAR TANDA, TQ & DIST: KOPPAL 583228.

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…APPELLANTS

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(BY SRI. M. AMAREGOUDA, ADVOCATE)

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AND:

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CHIRANJEEVI S/O. APPANNA, AGE: 35 YEARS, OCC: DRIVER OF TIPPER BEARING NO. KA-35/A-279, R/O. MARUTHA POST: ANANTHPUR, TQ: SANDUR, DIST: BELLARY 583119.

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K. HANUMANTHA S/O. K.NARASAPPA, AGE: 57 YEARS, OCC: OWNER OF TIPPER BEARING NO. KA-35/A-279, R/O. MARUTHA, POST: ANANTHAPUR, TQ: SANDUR, DIST: BELLARY 583119.

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DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO.LTD., NO.302, 3^RD FLOOR, S & S CORNER, PLOT NO. 48, HOSPITAL ROAD, (OPP. BOWRING AND LADY SURGEON HOSPITAL, SHIVAJI NAGAR, BANGALORE-560001)

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CHAGAPPA S/O. MUREGAPPA, AGE: 40 YEARS, OCC: OWNER OF KA-37/6568 TATA ACE, R/O. HAMPASADURGA, TQ: GANGAVATHI, DIST. KOPPAL 583235.

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NC: 2025:KHC-D:12735 MFA No. 101893 of 2024 C/W MFA No. 100874 of 2024 MFA No. 100875 of 2024 AND 3 OTHERS

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HC-KAR

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THE DIVISIONAL MANAGER

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UNITED INDIA INSURANCE CO.LTD., UMA MAHESHWARA RAO BUILDING, 1^ST FLOOR, STATION ROAD, HOSPET, TQ. HOSPET, DIST. BELLARY 583201.

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…RESPONDENTS

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(BY SRI. V.M. SHEELVANT AND SRI. VINAY KOUJALAGI, ADVS FOR R2; SRI. NAGARAJ C. KOLLOORI, ADV FOR R3; SMT. PREETI SHASHANK, ADVOCATE FOR R5; R4-ABATED R1- NOTICE DISPENSED WITH)

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THIS MFA FILED U/SEC.173(1)OF MV ACT, 1988, PRAYING TO ALLOW THE ABOVE MFA AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED 22.03.2016 IN M.V.C NO.442/2014 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND MACT., GANGAVATHI AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE, APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.100878/2024

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BETWEEN:

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HANUMANTHAPPA S/O RAMAPPA HUNASIHAL AGE. 67 YEARS, OCC. COOLIE,

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YAMANUR S/O HANUMANTHAPPA HUNISIHAL AGE. 32 YEARS, OCC. COOLIE

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BOTH ARE R/O BOMMASAGAR TANDA, TQ AND DIST. KOPPAL-583228

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…APPELLANTS

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(BY SRI. AMAREGOUDA M, ADVOCATE)

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AND:

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CHIRANJEEVI S/O APPANNA AGE. 35 YEARS, OCC. DRIVER OF TIPPER BEARING NO. KA-35/A-279 R/O MARUTHA POST ANANTHPUR, TQ SANDUR, DIST. BELLARY-583119

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K. HANUMANTHA S/O K NARASAPPA AGE. 57 YEARS, OCC. OWNER OF TIPPER BEARING NO.KA-35/A-279, R/O MARUTHA, POST. ANANTHAPUR, TQ. SANDUR, DIST. BELLARY-583119

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HC-KAR

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DIVISIONAL MANAGER

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SHRIRAM GENERAL INSURANCE CO . LTD, NO. 302, 3^RD FLOOR, S & S CORNER PLOT NO.48, HOSPITAL ROAD,

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(OPP. BOWRING AND LADY SURGEON HOSPITAL) SHIVAJI NAGAR BANGALORE-560001)

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CHAGAPPA S/O MUREGAPPA AGE. 40 YEARS, OCC. OWNER OF KA-37/6568 TATA ACE, R/O HAMPASADURGA,

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TQ. GANGAVATHI, DIST KOPPAL-583235

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DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD, UMA MAHESHWARA RAO BUILDING, 1^ST FLOOR, STATION ROAD, HOSPET,

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TQ. HOSPET, DIST. BELLARY-583201

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…RESPONDENTS

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(BY SRIYUTHS. V.M. SHEELVANT & VINAY KOUJALAGI, ADVS FOR R2; SRI. NAGARAJ C. KOLLOORI, ADV FOR R3; SMT. PREETI SHASHANK, ADV FOR R5; R4-ABATED R1- NOTICE DISPENSED WITH)

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THIS MFA FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.03.2016 PASSED IN M.V.C NO.437/2014 ON THE FILE OF SENIOR CIVIL JUDGE AND MACT, GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.100879/2024

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BETWEEN:

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YAMANUR S/O HANUMANTHAPPA HUNISIHAL AGE. 35 YEARS, OCC. COOLIE, R/O BOMMASAGAR TANDA, TQ AND DIST. KOPPAL

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…APPELLANT

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(BY SRI. AMAREGOUDA M, ADV)

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AND:

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CHIRANJEEVI S/O APPANNA AGE. 45 YEARS, OCC. DRIVER OF TIPPER

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NC: 2025:KHC-D:12735 MFA No. 101893 of 2024 C/W MFA No. 100874 of 2024 MFA No. 100875 of 2024 AND 3 OTHERS

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HC-KAR

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BEARING NO.KA-35/A-279. R/O MARUTHA POST ANANTHPUR, TQ SANDUR, DIST. BELLARY-583119

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K. HANUMANTHA S/O K NARASAPPA AGE. 57 YEARS, OCC. OWNER OF TIPPER BEARING NO.KA-35/A-279, R/O MARUTHA, POST. ANANTHAPUR,

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TQ. SANDUR, DIST. BELLARY-583119

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DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE CO . LTD, NO. 302, 3^RD FLOOR, S & S CORNER PLOT NO. 48, HOSPITAL ROAD,

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(OPP. BOWRING AND LADY SURGEON HOSPITAL) SHIVAJI NAGAR BANGALORE-560001).

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CHAGAPPA S/O MUREGAPPA AGE. 40 YEARS, OCC. OWNER OF KA-37/6568 TATA ACE, R/O HAMPASADURGA, TQ. GANGAVATHI, DIST KOPPAL-583235

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DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD, UMA MAHESHWARA RAO BUILDING, 1^ST FLOOR, STATION ROAD, HOSPET, TQ. HOSPET, DIST. BELLARY-583201

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…RESPONDENTS

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(BY SRIYUTHS. V.M. SHEELVANT & VINAY KOUJALAGI, ADVS FOR R2; SRI. NAGARAJ C. KOLLOORI, ADV FOR R3; SMT. PREETI SHASHANK, ADV FOR R5; R4-ABATED R1- NOTICE DISPENSED WITH)

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THIS MFA FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.03.2016 PASSED IN M.V.C NO.438/2014 ON THE FILE OF SENIOR CIVIL JUDGE AND MACT, GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.101912/2024

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BETWEEN:

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DURGAMMA W/O YAMANAPPA

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HC-KAR

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MADIGA @ HARIJANA, AGED 44 YEARS, OCC. HOUSEHOLD, R/O. HAMPASDURGA, TQ. GANGAVATHI, DISTRICT. KOPPAL NOW R/O. SAJJIHOLLA ONI, KOPPAL-583231.

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YAMANAPPA S/O LACHAMAPPA MADIGA @ HARIJAN, AGED 50 YEARS, OCC. COOLIE, R/O. HAMPASDURGA, TQ. GANGAVATHI, DIST. KOPPAL, NOW R/O. SAJJIHOLLA ONI. KOPPAL-583231.

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…APPELLANTS

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(BY SRI. AMAREGOUDA M, ADV)

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AND:

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K. HANUMANTHA S/O NARASAPPA AGE. 52 YEARS, OCC. OWNER OF LORRY BEARING NO. KA-35/A-279, R/O. ANTHAPUR, TQ. SANDUR, DIST. BELLARY 583119.

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MANAGER LEAGAL SRI RAM GENERAL INSURANCE CO. LTD., NO. 302, 3^RD FLOOR, S & S CORNER, PLOT NO. 48, HOSPITAL ROAD, (OPP. BOWRING AND LADY COURZON HOSPITAL SHIVAJI NAGAR, BANGALORE-530068).

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…RESPONDENTS

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(BY SRI. V.M. SHEELVANT, ADV FOR R1; SRI. NAGARAJ C. KOLLOORI, ADV FOR R2;

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 21.01.2023 PASSED IN M.V.C NO.416/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL. MACT, KOPPAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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HC-KAR

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ORAL JUDGMENT

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These appeals are filed under Section 173(1) of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the M.V Act’ for short) by the petitioners arising out of the common judgment and a judgment and awards dated 22.03.2016 and 21.01.2023 passed in MVC Nos.436/2014, 437/2014, 438/2014, 439/2014, 442/2014 and 416/2017 by the Senior Civil Judge and MACT, Gangavathi and the Civil Judge (Sr.Dn.) and Additional MACT, Koppal, respectively.

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Brief facts leading rise to the filing of these appeals are as follows:

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On 09.05.2011, the deceased were traveling in a Tata Ace vehicle bearing registration No.KA-37/6568. The driver of the Tata Ace was driving the vehicle. At that time, Tipper Lorry bearing registration No.KA-35/A279, came from the opposite direction and hit to the TATA Ace, which resulted in the accident and the

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inmates of the TATA Ace were sustained grievous injuries and succumbed to the injuries. The petitioners, being the legal representatives have filed the claim petitions under Section 166 of the MV Act in MVC Nos.436 to 439, 441, 442 of 2014 and 416/2017, seeking compensation.

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Notice was issued to respondents. They appeared through their respective counsels. Respondent Nos.3 and 5 – the insurance companies filed separate statements of objections raising common contentions in all the cases. It is contended that they denied the claim petition averments and contended that the driver was not possessing a valid and effective driving licence as of the date of accident and prays to dismiss the claim petitions against respondent Nos.3 and 5.

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The Tribunal, clubbed all the claim petitions in MVC Nos.436 to 439, 441 and 442/2014 together and

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framed the separate issues. The tribunal in MVC No.416/2017, framed the issues.

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The petitioner No.1 in MVC Nos. 436 and 437 of 2014 was examined as PW.1, the petitioner in MVC No. 438 of 2014 was examined as PW.2 and petitioner No.1 in MVC No.439 of 2014 was examined as PW.3, the petitioner No.1 in MVC No.442 of 2014 was examined as PW.4 and the petitioner in MVC No.441 of 2014 was examined as PW.5 and marked 12 documents as Exs.P1 to P12.

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In rebuttal, the officer of respondent No.5- Insurance Company examined as RW.1 and the evidence of RW.1 was discarded, as he has not turned up for crossexamination. Respondent No.3 examined its officer as RW.2 and marked 8 documents as Exs.R1 to R8.

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The tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part. In MVC Nos. 436 and 439 of 2014 awarded

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NC: 2025:KHC-D:12735 MFA No. 101893 of 2024 C/W MFA No. 100874 of 2024 MFA No. 100875 of 2024 HC-KAR AND 3 OTHERS

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a sum of ₹4,82,000/-, in MVC No.437/2014 awarded a sum of ₹5,08,000/-, in MVC No.438/2014, awarded a sum of ₹6,46,000/-, in MVC No.441/2014, awarded a sum of ₹25,000/-, in MVC No.442/2014 awarded a sum of ₹2,75,000/-.

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The petitioners being dissatisfied with the quantum of compensation awarded by the tribunal filed these Miscellaneous First Appeals.

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Heard the arguments of the learned counsel for the petitioners and also the learned counsel for the insurance company.

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The learned counsel for the insurance company in MFA No.101912/2024 submits that the insurance company has already paid the compensation. Thus, in view of the same, nothing survives for consideration. Accordingly, prays to dismiss the appeal.

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Learned counsel for the petitioners submits that the compensation awarded by the tribunal is on the lower

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side, hence, prays to allow the appeals.

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Per contra, learned counsel for the insurance company supported the impugned judgment and prays to dismiss the appeals.

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Perused the records and considered the submissions of the learned counsel for the parties.

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The points that would arise for consideration is regarding quantum of compensation.

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There is no dispute regarding the occurrence of the accident and death of deceased in the road traffic accident and the accident occurred due to a rash negligent driving of the driver of the offending vehicle.

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Reg. quantum of compensation in MFA No. 100875 of 2024 (MVC No.442/2014):

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The deceased Laxman was aged about 14 years. As he was a minor, in view of the proposition laid down by

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HC-KAR

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the Hon'ble Apex Court in the case of KISHAN GOPAL

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AND ANOTHER VS. LALA AND OTHERS reported in (2014)

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1 SCC 244 held that in the case of death of a minor,

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the claimants are entitled for compensation of ₹5,00,000/-, wherein the tribunal awarded compensation of ₹2,75,000/-. Thus, the petitioners are entitled to an enhanced compensation of ₹ 2,25,000/-.

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Reg. quantum of compensation In MFA No. 101893/ 2024 (MVC No.436/2014):

¶173

The deceased was aged about 20 years as of the date of accident. The petitioners have not produced any proof of income to show the income of the deceased. In the absence of proof of income, the notional income must be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at ₹6,000/- p.m., as the accident occurred in 2011.

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HC-KAR

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In addition to it, 40% towards the future prospects has to be added, as per the proposition laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited vs Pranay Sethi and Others reported in (2017) 16 SCC 680 , which comes to ₹8,400/- (6000+40%). Petitioner No.2 is the brother of the deceased Shantamma, who was not depending on the deceased Shantamma. Hence, there is only one dependant, and 50% of her income must be deducted towards her personal expenses, which comes to ₹8,400/2= 4,200/-. Thus the income of the deceased is taken at ₹4,200/-. The multiplier applicable to her age group is ‘18’. Thus, the petitioners are entitled to a compensation of ₹9,07,200/- (₹4,200/-x 12 x 18) under the head ‘loss of dependency’. The petitioners are entitled to a compensation of ₹96,000/- (₹48,000/- x 2) under the head loss of consortium, ₹36,000/- under the head of funeral expenses and loss of estate.

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HC-KAR

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Thus, the petitioners are entitled to a total

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compensation, which is as follows:

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Particulars	Compensation amount in (Rs.)
Loss of dependency (Rs.4200/- x 12x 18)	9,07,200/-
Loss of consortium (Rs.48,000/- x 2)	96,000/-
Funeral expenses and loss of Estate	36,000/-
Total	10,39,200/-
Compensation awarded by the Tribunal	4,82,000/-
Enhanced compensation	5,57,200/-

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Thus, the petitioners are entitled to a total

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compensation of ₹10,39,200/- as against ₹4,82,000/awarded by the Tribunal, with interest at the rate of 6% p.a. from the date of the petition till realisation of

¶186

the amount. Thus, the petitioners are entitled for enhanced compensation of ₹5,57,200/-.

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Reg. Quantum of compensation in MFA No.

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100879 of 2024 (MVC No.438/2014):

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The deceased Nethra was aged about 20 years as of

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the date of accident. The petitioner has not produced any proof of income to show the income of the deceased. In the absence of proof of income, the notional income must be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at ₹6,000/- p.m., as the accident occurred in 2011.

¶192

In addition to it, 40% towards the future prospects has to be added, as per the proposition laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited vs Pranay Sethi and Others reported in (2017) 16 SCC 680 , which comes to ₹8,400/- (6000+40%). There is only one dependant, and 50% of her income must be deducted towards her personal expenses, which comes to ₹8,400/2= 4,200/-. Thus the income of the deceased is taken at ₹4,200/-. The multiplier applicable to her

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HC-KAR

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age group is ‘18’. Thus, the petitioners are entitled to a compensation of ₹9,07,200/- (₹4,200/-x 12 x 18) under the head loss of dependency. There is only one dependant, and he is entitled to a compensation of ₹48,000/- under the head loss of consortium, ₹36,000/- under the head of funeral expenses and loss of estate.

¶196

Thus, the petitioner is entitled to a total

¶197

compensation, which is as follows:

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Particulars	Compensation amount in (Rs.)
Loss of dependency (Rs.4200/- x 12x 18)	9,07,200/-
Loss of consortium	48,000/-
Funeral expenses and loss of Estate	36,000/-
Total	9,91,200/-
Compensation awarded by the Tribunal	6,46,000/-
Enhanced compensation	3,45,200/-

¶199

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¶200

Thus, the petitioner is entitled to a total compensation

¶201

of ₹9,91,200/- as against ₹6,46,000/- awarded by the Tribunal, with interest @ 6% p.a. from the date of the petition till realisation of the amount. Thus, the petitioner is entitled to an enhanced compensation of ₹3,45,200/-.

¶202

Reg. Quantum of compensation in MFA No.

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100874 of 2024 (In MVC No.439/2014):

¶204

The deceased Yallamma was aged about 21 years as of the date of accident. The father and the mother were dependent on the income of the deceased. She was a spinster. The petitioners have not produced any proof of income to show the income of the deceased. In the absence of proof of income, the notional income must be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at ₹6,000/- p.m., as the accident occurred in 2011.

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In addition to it, 40% towards the future prospects has to be added, as per the proposition laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited vs Pranay Sethi and Others reported in (2017) 16 SCC 680 , which comes to ₹8,400/- (6000+40%). The petitioners are the parents of the deceased. Though, there are two dependants, the deceased was the bachelor, hence, 50% of her income must be deducted towards her personal expenses of the deceased, which comes to ₹8,400/2= 4,200/- Thus the income of the deceased is taken at ₹4,200/-. The multiplier applicable to her age group is ‘18’. Thus, the petitioners are entitled to a compensation of ₹9,07,200/- (₹4,200/-x 12 x 18) under the head loss of dependency. There are two dependants, and they are entitled to a compensation of ₹96,000/- (₹48,000/- x 2) under the head loss of consortium, ₹36,000/- under the head of funeral expenses and loss of estate. Thus, the petitioners

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HC-KAR

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are entitled to a total compensation, which is as

¶211

follows:

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Particulars	Compensation amount in (Rs.)
Loss of dependency (Rs.4200/- x 12x 18)	9,07,200/-
Loss of consortium (Rs.48,000/- x 2)	96,000/-
Funeral expenses and loss of Estate	36,000/-
Total	10,39,200/-
Compensation awarded by the Tribunal	4,82,000/-
Enhanced compensation	5,57,200/-

¶213

Thus, the petitioners are entitled to a total

¶214

compensation of ₹10,39,200/- as against ₹4,82,000/awarded by the Tribunal, with interest at the rate of 6% p.a. from the date of the petition till realisation of

¶215

the amount. Thus, the petitioners are entitled to the enhanced compensation of ₹5,57,200/-.

¶216

Reg. quantum of compensation in MFA No. 100878

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of 2024 (MVC No.437/2014):

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HC-KAR

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The deceased Huligemma was aged about 45 years as

¶221

of the date of accident. The petitioners have not produced any proof of income to show the income of the deceased. In the absence of proof of income, the notional income must be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at ₹6,000/- p.m., as the accident occurred in 2011.

¶222

In addition to it, 25% towards the future prospects has to be added, as per the proposition laid down by the Hon’ble Apex Court in the case of National

¶223

Insurance Company Limited vs Pranay Sethi and Others reported in (2017) 16 SCC 680 , which comes to ₹7,500/- (6000+25%). Petitioner No.1 is the husband of deceased and petitioner No.2 is the son of deceased and he is a major and not dependant on the

¶224

income of the deceased. Thus, there is only one dependant. Hence, 50% of her income must be

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HC-KAR

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deducted towards personal expenses, which comes to ₹7,500/2 = 3,750/-. Thus the income of the deceased is taken at ₹3,750/-. The multiplier applicable to her age group is ‘14’. Thus, the petitioners are entitled to a compensation of ₹6,30,000/- (₹3,750/-x 12 x 14) under the head loss of dependency. There are two dependants, and they are entitled to a compensation of ₹96,000/- (₹48,000/- x 2) under the head loss of consortium, ₹36,000/- under the head of funeral expenses and loss of estate. Thus, the petitioners are entitled to a total compensation, which is as follows:

¶228

Particulars	Compensation amount in (Rs.)
Loss of dependency (Rs.3,750/-x 12x 14)	6,30,000/-
Loss of consortium (Rs.48,000/- x 2)	96,000/-
Funeral expenses and loss of Estate	36,000/-
Total	7,62,000/-
Compensation awarded by the Tribunal	5,08,000/-
Enhanced compensation	2,54,000/-

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Thus, the petitioners are entitled to a total compensation of ₹7,62,000/- as against ₹5,08,000/awarded by the Tribunal, with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. Thus, the petitioners are entitled to the enhanced compensation of ₹2,54,000/-.

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In view of the above discussions, I proceed to pass the following:

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ORDER

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I. The Miscellaneous First appeals are allowed.

¶235

II. The judgment and award passed by the tribunal is modified.

¶236

III. The petitioners in MFA No.100875/2024 is entitled to an enhanced compensation of ₹2,25,000/- with interest @ 6% per annum from the date of petition till its realisation.

¶237

IV. The petitioners in MFA No.100893/2024 is entitled to an enhanced compensation of ₹5,57,200/- with interest @ 6% per annum from the date of petition till its realisation.

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HC-KAR

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V. The petitioners in MFA No.100879/2024 is entitled to an enhanced compensation of ₹3,45,200/- with interest @ 6% per annum from the date of petition till its realisation.

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VI. The petitioners in MFA No.100874/2024 is entitled to an enhanced compensation of ₹5,57,200/- with interest @ 6% per annum from the date of petition till its realisation.

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VII. The petitioners in MFA No.100878/2024 is entitled to an enhanced compensation of ₹2,54,000/- with interest @ 6% per annum from the date of petition till its realisation.

¶243

VIII. The petitioners are not entitled to the interest for the delay of 2099 days in MFA No.100875/2024, 2077 days in MFA No.100878/2024, 2099 days in MFA No.100874/2024, 2077 days in MFA No.100879/2024 and in MFA No.101893/2024 in filing the above appeals.

¶244

IX. In MFA No.101912/2024, in the connected matter the tribunal i.e., the Senior Civil Judge and Additional MACT, Koppal, in MVC Nos. 415 of 2017 c/w 416/2017 has directed the insurance company to pay the awarded

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HC-KAR

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amount to the petitioners and then recover the same from respondent No.1- the owner of the offending vehicle. The insurance company having accepted the compensation amount as awarded by the tribunal complied the judgment and award passed in MVC Nos. 415 of 2017 c/w 416/2017.

¶249

X. In the present appeals also the insurance company is directed to pay the compensation amounts at first instance and then recover the said amounts from the owner of the offending vehicle.

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XI. The learned counsel for the appellant in MFA No.101912/2024 submits that the Insurance Company has already paid the compensation amount, in view of the same nothing survives for consideration, accordingly, prays to dismiss the appeal. The appeal is dismissed accordingly.

¶251

XII. In MFA No.101912/2024, the petitioners are not entitled for the interest for a delayed period of 317 days in filing the appeal.

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XIII. The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith.

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Sd/(ASHOK S. KINAGI) JUDGE

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SKS CT: ANB/BSB List No.: 1 Sl No.: 33

Hanumanthappa S/O Ramappa Hunasihal v. Chiranjeevi S/O Apanna

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Hanumanthappa S/O Ramappa Hunasihal v. Chiranjeevi S/O Apanna

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