Smt S P Prabha Vs Aruna G

MISCELLANEOUS FIRST APPEAL NO. 1696 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1721 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1732 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1782 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1815 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1856 OF 2024 (MV-I)

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IN MFA No.1816/2024

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BETWEEN:

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

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SMT. S.P. PRABHA W/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 55 YEARS OCC: TAILORING AND HOUSE WORK RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT.

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SRI VINAY B.K. S/O. LATE B.G. KRISHNA MURHTY AGED ABOUT 24 YEARS OCC. MEDICAL STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT.

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2 - NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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SRI VIKAS B.K. S/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 22 YEARS STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT.

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…APPELLANTS

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC: DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 KR. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GROUND MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE.

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…RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3;

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V/O DATED 28-1-2025, NOTICE TO R-1 AND R-2 DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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DATED 28-11-2023 PASSED IN MVC NO.130 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.1696/2024

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BETWEEN:

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SRI VINAY B.K. S/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 24 YEARS OCC. MEDICAL STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT.

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...APPELLANT

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC: DRIVER DRIVER OF INNOVA CAR RESIDING AT CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R.ROAD, S.S.COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD

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4 - NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

HC-KAR

DAVANAGERE.

...RESPONDENTS

(BY SRI RAVISH BENNI, ADVOCATE FOR R-3)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.126 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.1721/2024

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BETWEEN:

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SRI VIKAS B.K. S/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 22 YEARS OCC. STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT.

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...APPELLANT

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC: DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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5 -

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HC-KAR

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AGED ABOUT 33 YEARS OCC: OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE.

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...RESPONDENTS

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(BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 12-8-2025, NOTICE TO R-2 IS DISPENSED WITH)

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¶64

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.125 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.1732/2024

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BETWEEN:

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SMT. RAMA N. RAICHUR W/O. NAGARAJU RAO S.P. AGED ABOUT 45 YEARS OCC. WORKING AS A AUDITORS CLERK IN M/S. VISHAL DESHAPANDE AND ASSOCIATES CHARTERED ACCOUNTANTS DHARWAD AND TAILORING BY PROFESSION RESIDENT OF NIRDHAR APARTMENT

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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2ND FLOOR, DHARWAD DHARWAD TALUK AND DISTRICT.

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...APPELLANT

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER, NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE.

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...RESPONDENTS

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(BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 AND R-2 ARE SERVED AND UNREPRESENTED)

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¶81

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.124 OF 2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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FOR COMPENSATION AND SEEKING ENHANCEMENT OF

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COMPENSATION.

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IN MFA NO.1782/2024

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BETWEEN:

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SMT. S.P. SHOBHA W/O. SUDHEENDRA D/O. PRANESH RAO S.B. AGED ABOUT 57 YEARS OCC. WORKING AS A TEACHER IN GOVERNMENT HIGHER PRIMARY SCHOOL GUTTUR VILLAGE IN HARIHARA TALUK DAVANAGERE DISTRICT RESIDENT OF K.R. NAGAR HARIHARA TALUK DAVANAGERE DISTRICT.

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...APPELLANT

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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PRAVASI MANDIR ROAD DAVANAGERE.

¶100

...RESPONDENTS

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(BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 12-8-2025 NOTICE TO R-2 DISPENSED WITH)

¶102

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.129 OF 2021 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶103

IN MFA NO.1815/2024

¶104

BETWEEN:

¶105

SMT. S.P. PRABHA W/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 55 YEARS OCC. TAILORING AND HOUSE WORK RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT.

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...APPELLANT

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GROUND MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE.

¶115

...RESPONDENTS

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(BY SRI RAVISH BENNI, ADVOCATE FOR R-3; VIDE ORDER DATED 20-1-2025 NOTICE TO R-1 AND R-2 DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.128 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.1856/2024

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BETWEEN:

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SRI NAGARAJ RAO S.P. S/O. S.B. PRANESH RAO AGED ABOUT 52 YEARS OCC. WORKING AS A SHIFT-IN-CHARGE IN PROCESS SECTION IN M/S. SHRI LAXMI NARASIMHA

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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DISTILLERIES PVT. LTD. GARAG VILLAGE, DHARWAD RESIDENT OF NIRDHAR APARTMENT 2ND FLOOR, DHARWAD DHARWAD TALUK AND DISTRICT.

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...APPELLANT

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(BY SRI SHANKARANARAYANA BHAT N., ADVOCATE)

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AND:

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ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT.

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SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT.

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UNITED INDIA INSURANCE CO. LTD. BY ITS GROUND MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE.

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...RESPONDENTS

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(BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 SERVED AND UNREPRESENTED; VIDE ORDER DATED 12-8-2025 NOTICE TO R-2 DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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AWARD DATED 28-11-2023 PASSED IN MVC NO.127 OF 2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

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THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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As these appeals are arising out of common judgment and award passed by the Tribunal, they are heard together and disposed of by this common judgment.

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The appellants/claimants have filed these appeals for enhancement of compensation being aggrieved by the judgment and award passed by the I Additional Senior Civil Judge and JMFC, Davanagere dated 28.11.2023 in MVC.Nos.124/2021, 125/2021, 126/2021, 127/2021, 128/2021, 129/2021 and 130/2021 respectively.

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 HC-KAR AND 4 OTHERS

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For the sake of convenience, the parties are

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referred to as they are referred to in the claim petitions before the Tribunal.

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The brief facts of the cases of the claimants in the appeals are as under:

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On 12.05.2019 at about 5.15 p.m., the deceased B.G.Krishnamurthy (hereinafter referred to as "deceased") and other claimants had been to Siganduru and Murudeshwara for one day trip by engaging a Innova Car bearing registration No.KA-20/B-4913. After completion of pooja in Siganduru, the claimants and Krishnamurthy were proceeding towards Murudeshwara via Jogfalls, at about 3.30 p.m., on NH-206 road, when they reached Gerusoppa Mastimane old road, at that time, the driver of Innova car drove the same in rash and negligent manner and dashed the car to the left side of the hill, as a result of the accident, Sri. B.G.Krishnamurthy succumbed to the injuries and other inmates sustained severe injuries. Hence, this led to registration of FIR and investigation. The Investigating Officer after conducting investigation has laid charge sheet against the driver of Innova car, for the offences

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 HC-KAR AND 4 OTHERS

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punishable under Sections 279, 337, 338, 304 (A) of IPC. Hence, the legal representatives of deceased B.G.Krishnamurthy and other injured persons had filed claim petitions under Section 166 of the Motor Vehicles Act before the Tribunal.

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The Tribunal has considered the oral evidence of PW1 to PW7 and documentary evidence as per Exs.P1 to P71 and evidence of RW1, Exs.R1 and R2 and allowed the claim petitions in part and granted compensations as under:

¶156

Sl. No.	Miscellaneous First Appeal	MVC Number	Amount of compensation awarded by the Tribunal (in Rs.)
1	MFA.1816/2024	MVC.130/2021	14,40,245
2	MFA.1696/2024	MVC.126/2021	3,24,637
3	MFA.1721/2024	MVC.125/2021	50,000
4	MFA.1732/2024	MVC.124/2021	2,29,875
5	MFA.1782/2024	MVC.129/2021	50,000
6	MFA.1815/2024	MVC.128/2021	50,000
7	MFA.1856/2024	MVC.127/2021	2,30,903

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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Being aggrieved by the award passed by the

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Tribunal, the claimants of the deceased and injured are before this Court.

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Sri. N.Shankarnarayana Bhat, learned counsel for the appellants/claimants has contended that the Tribunal without considering the material available on record has granted meager compensation, which is unjust and improper. He further contended that in MFA.No.1816/2024, the deceased B.G.Krishnamurthy was working as Graduate Assistant in Panchayath Raj Engineering Sub-Division, Davanagere, and he was drawing a monthly salary at Rs.23,737/-. It is further contended that the claimants got examined the authorized officer as PW7 and documents marked as per Ex.P62 to P67 to substantiate the proof of income. Further, the First Division Assistant of Panchayath Raj Engineering Department was examined as PW8 and documents were got marked at Exs.P5 - spot mahazar, Ex.69 - authorization letter and Ex.70 - acquisition register extract. It shows that deceased B.G.Krishnamurthy was working as a Graduate Assistant in Panchayath Raj Engineering Sub-division, Davanagere and was

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

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drawing salary of more than Rs.23,000/- per month. But the Tribunal has considered the monthly income of the deceased at Rs.14,000/- p.m., which is on meager side. Further, the Tribunal has failed to award fair compensation under the head 'loss of consortium'. The Tribunal has granted only a sum of Rs.30,000/- under the head 'loss of consortium' for three claimants, which is not fair and reasonable.

¶167

Insofar as MFA.Nos.1696/2024, 1721/2024, 1732/2024, 1782/2024, 1815/2024 and 1856/2024 is concerned, the learned counsel contended that, the Tribunal has not granted fair compensation under the heads pain and suffering, medical expenses, food, nourishment and attendant charges, loss of amenities, loss of income due to disability and loss of income during laid up period. Further, the Tribunal has not assessed the disability of the claimants in a proper perspective manner. Thus, he prays to allow these appeals.

¶168

Per contra , Sri.Ravish Benni, learned counsel for respondent No.3 - Insurance Company supports the impugned judgment and award passed by the Tribunal and submits that the Tribunal has considered the oral and documentary evidence

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16 - NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 HC-KAR AND 4 OTHERS

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on record and has awarded just and reasonable compensation under each heads to the claimants, which does not call for interference at the hands of this Court. Thus, he prays for dismissal of the appeals filed by the claimants.

¶171

Having heard learned counsel for the parties and on perusal of the appeal memo including original records of the Tribunal, the only point that would arise for our consideration in these appeals are:

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Whether the quantum of compensation awarded

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by the Tribunal in all claim petitions is just and

¶174

reasonable or does it call for enhancement?

¶175

In the instant appeals, the Insurance Company has not disputed the accident, cause of death of deceased, injuries sustained by the other claimants. The Insurance Company has disputed the quantum of compensation awarded by the Tribunal.

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I. MFA No.1816/2024 (MVC.130/2021 - Deceased

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B.G.Krishnamurthy)

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

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HC-KAR

¶181

The claimants have contended that claimant No.1 Smt. S.P.Prabha is wife of deceased B.G.Krishnamurthy and claimant No.2 Sri. Vinay B.K. and claimant No.3 Vikas B.K. are children of claimant No.1 and deceased B.G.Krishnamurthy. At the time of the accident, the age of deceased B.G.Krishnamurthy was 55 years and he was working as Graduate Assistant in Panchayath Raj Engineering Sub-Division, Davanagere and he was drawing monthly salary and for the month of April 2019, he had drawn Rs.23,737/- as his salary and he was the sole bread winner for the entire family.

¶182

The Tribunal considered the notional income of the deceased at Rs.14,000/-, by not considering salary slip and evidence of PW7 and 8. Admittedly, the deceased was working in Gram Panchayath on daily wage basis. Daily wage workers can benefit from a daily income, potential access to Government schemes and social security benefits like pensions and insurance, and the possibility of paid holidays and leave, though the specific benefits vary significantly by reason, government policies, and employment sector. Further, the workers are often eligible for annual increments in pay, with

¶183

18 - NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 HC-KAR AND 4 OTHERS

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the rate of increase potentially being similar to that of regular group - D or group - C employees. As per the Karnataka Daily Wage Employees Act, 2012, the daily wage workers are entitled for leave, holidays and pay increments. Hence, we have taken into consideration the oral evidence of PW.1, PW.7 and PW.8 and other exhibited documents and also various aspects of the matter including Minimum Wages Act, and we deem it to assess the monthly income of the deceased at Rs.17,000/- per month, since the deceased was a Graduate daily wage employee.

¶185

The Tribunal has rightly assessed the income towards future prospectus at 10% and multiplier at '11' by deducting 1/3^rd towards personal and living expenses of the deceased. Thus, loss of dependency is calculated as under:

¶186

17,000+10% =18,700-1/3 = 12,467 x 12 x 11 = 16,45,644/-

¶187

The Tribunal has committed an error by not awarding compensation under conventional heads. As per the judgment rendered by the Hon'ble Apex Court in the case of Magma General Insurance Company Ltd., vs.

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19 - NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 HC-KAR AND 4 OTHERS

¶189

Nanu Ram Alias Chuhru Ram and Others reported in (2018) 18 SCC 130 and National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680 , the claimant Nos.1 to 3 are entitled for Rs.40,000/- each, which comes to Rs.1,20,000/- under the head 'loss of consortium'.

¶190

The Tribunal has awarded Rs.15,000/- towards 'loss of estate'. Same is fair and reasonable one.

¶191

The Tribunal has awarded Rs.25,000/- towards 'funeral expenses', which is contrary to the decision of Hon'ble Apex Court in Pranay Sethi's supra , thus, same is reduced to Rs. 15,000/- from Rs.25,000/-.

¶192

Thus, in all claimants are entitled for modified compensation as under:

¶193

	HEADS	Amount (in Rs.)
1	Loss of dependency	16,45,644.00
2	Loss of estate	15,000.00
3	Loss of Consortium	1,20,000.00
4	Funeral expenses	15,000.00
	Total	17,95,644.00

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NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 HC-KAR AND 4 OTHERS

¶196

Hence, the claimants are entitled for total compensation of Rs. 17,95,644/-, as against the compensation awarded by the Tribunal at Rs.14,40,244/-. Thus, the claimants are entitled for enhanced compensation of Rs.3,55,400 /- with interest @ 6% per annum from the date of petition till its date of realization.

¶197

II. MFA.NO.1696/2024 (MVC.126/2021 - Vinay B.K. - Injury case)

¶198

The appellant was aged about 19 years at the time of accident. The appellant suffered serious fractures and permanent physical disability at 24% to his left upper limb locomotor function. The appellant/injured was a medical student, but the Tribunal granted a meager compensation of Rs.50,000/- towards 'pain and suffering', which is on lower side. The Tribunal granted total compensation of Rs.2,74,637/- towards medical expenses, which is fair and reasonable one and hence, no interference is called for in this regard. However, the

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¶201

Tribunal has not granted any compensation under the conventional heads.

¶202

To prove the claim of the appellant, he himself got examined on oath as PW4 and relied upon Exs.P29 to Ex.P40. In the evidence, PW4 reiterated the contents of the claim petition. He has stated that in the accident, he suffered left distal humerus intercondylar fracture and multiple facial bones fracture. Further, the Doctor has assessed 24% permanent physical disability in respect of the claimant to his left upper limb locomotor function permanently and the Tribunal has considered the whole body disability at 8%, which is fair and reasonable one.

¶203

The Tribunal has granted a sum of

¶204

Rs.50,000/- under the head 'pain and suffering' , which is reasonable one and no interference is called for by this Court.

¶205

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¶206

HC-KAR

¶207

The tribunal awarded a sum of Rs.2,74,637/- towards 'medical expenses' , which is fair and reasonable one.

¶208

The Tribunal has not granted any compensation under the head ' food, nourishment, transportation, and attendant charges' etc. Hence, considering the nature of injuries sustained by the claimant and the number of days he was in the hospital, we are granting a sum of Rs.20,000/- under this head.

¶209

The Tribunal has not granted any compensation under the head ' loss of amenities' . Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on his future life and prospects. Thus,

¶210

we are granting a sum of Rs.30,000/- under this head.

¶211

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¶212

The Tribunal has not granted any compensation under the head 'loss of future earning capacity' . The accident is of the year 2019. The claimant has not produced any documents to prove his income before the Tribunal. In the absence of any proof of income, taking note of the Circular issued by the Karnataka State Legal Services Authority as well as High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the claimant at Rs.14,000/per month.

¶213

The claimant was aged about 19 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma & Others Vs. Delhi Transport Corporation & Another reported in AIR 2009 SC 3104 , the multiplier applicable to the age of the claimant is ‘18’. Thus, the compensation under the head ‘loss of future earning capacity’ is re-assessed as under:

¶214

Rs.14,000 x 12 x 18 x 8% = Rs.2,41,920/-

¶215

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¶216

The Tribunal has not granted any compensation

¶217

towards 'loss of earning during the period of treatment' . Loss of income during laid up period means,

¶218

the financial loss a injured suffers because he was unable to work and earn income for a specific period due to an injury, such as a fracture, that requires rest and medical treatment. The compensation for this loss is often based on a person's notional income or the income he would have earned, if he was not injured. The claimant being a medical student during the year 2019 and considering the nature of injuries, the claimant was under rest and has taken treatment for a period of two months. Therefore,

¶219

taking notional income of the claimant at Rs.14,000/-, a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'.

¶220

Thus, the claimant is entitled for the following modified compensation:

¶221

25 -

¶222

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¶223

HC-KAR

¶224

HEADS	Amount (in Rs.)
Towards pain and sufferings	50,000.00
Medical expenses	2,74,637.00
Food, nourishment, transportation and attendant charges	20,000.00
Loss of amenities	30,000.00
Towards loss of future earning capacity	2,41,920.00
Loss of income during laid up period	28,000.00
Total	6,44,557.00

¶225

Thus, the appellant/claimant is entitled to total compensation of Rs.6,44,557/- as against Rs.3,24,637/awarded by the Tribunal.

¶226

III. MFA.1721/2024 (MVC 125/2021 - Vikas B.K. - injury case)

¶227

The appellant-claimant sustained sutured wound, 5 cm in length over the outer aspect of right leg and abrasion over the lower lip. Injury No.1 is grievous and injury No.2 is simple in nature. Considering the nature of injuries sustained, we are granting a

¶228

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¶229

compensation of Rs.50,000/- towards 'pain and

¶230

sufferings' .

¶231

However, the Tribunal has not granted any compensation under the head 'medical expenses' . As per Ex.P26 medical bills, the claimant incurred a sum of Rs.49,112/- towards medical bills. Hence, we are granting a compensation of Rs.50,000/- globally towards medical expenses.

¶232

The Tribunal has not granted any compensation under the head ' food, nourishment, transportation, attendant charges' etc., Hence, considering the nature of injuries sustained by the claimant and the number of days he was in hospital, we are granting compensation of

¶233

Rs.20,000/- under this head.

¶234

The Tribunal has not granted any compensation under the head ' loss of amenities' . Thus, we are granting compensation of Rs.30,000/- under this head.

¶235

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¶236

HC-KAR

¶237

The Tribunal has not granted any compensation towards 'loss of earning during the period of treatment' . The accident is of the year 2019 and by considering the nature of injuries sustained by the claimant, he was under rest and has taken treatment for a period of two months. Therefore, taking notional income of the claimant at Rs.14,000/- a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'.

¶238

Thus, the claimant is entitled for the following modified compensation:

¶239

HEADS	Amount (in Rs.)
Towards pain and suffering	50,000.00
Medical expenses	50,000.00
Food, nourishment, transportation and attendant charges	20,000.00
Loss of amenities	30,000.00
Loss of income during laid up period	28,000.00
Total	1,78,000.00

¶240

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¶241

HC-KAR

¶242

Thus, the appellant/claimant is entitled to total compensation of Rs.1,78,000/- as against Rs.50,000/awarded by the Tribunal.

¶243

IV. MFA.No.1732/2024 (MVC 124/2021 - Smt. Rama N

¶244

Raichur - injury case)

¶245

The appellant was aged about 42 years at the time of accident. She was working as an Auditor Clerk apart from doing tailoring works and was earning Rs.20,000/- per month. She was examined on oath as PW.2 and she relied upon Exs.P14 to P22. The appellant suffered the following injuries:

¶246

Abrasion over right shoulder tip.

¶247

Tenderness over bilateral shoulders and right arm.

¶248

Laceration over front of left leg, 4 cm above ankle.

¶249

Laceration over front of left leg, 6 cm above ankle joint.

¶250

Tenderness over the bilateral knee and leg.

¶251

Tenderness over the back of head.

¶252

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¶254

Further as per the X-ray report, the claimant suffered right tibia shaft fracture, left fibula shaft fracture and right humerus shaft fracture. But, the Tribunal awarded a compensation of Rs.50,000/- towards 'pain and suffering', which is on lower side. It is well settled law that for one grievous injury, the claimant is entitled for compensation of Rs.40,000/- and for two additional grievous injuries the claimant is entitled for compensation of Rs.20,000/-. The claimant is entitled for Rs.15,000/for three simple injuries. In all, the claimant is entitled for compensation of Rs.75,000/- towards ' pain and suffering' .

¶255

Further, the Tribunal has not considered the disability certificate (Ex.P20) issued by the Doctor. As per the disability certificate, the appellant-claimant suffered permanent disability at 32% to her right upper limb locomotor function. Hence, we have considered the disability at 10% i.e., 1/3^rd of total disability, which is fair and reasonable one.

¶256

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¶257

HC-KAR

¶258

Insofar as ' loss of future earning capacity' is

¶259

concerned, the claimant has not furnished any documents to substantiate her income. The accident is of the year 2019. In the absence of proof of income, taking note of circular issued by Karnataka State Legal Services Authority, we deem it appropriate to re-assess the notional income of the claimant at Rs.14,000/- p.m.

¶260

The claimant was aged about 42 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra , multiplier applicable to the age of the claimant is ‘14’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under:

¶261

Rs.14,000 x 12 x 14 x 10% = Rs.2,35,200/-

¶262

The tribunal awarded a sum of Rs.1,79,875/-

¶263

towards ' medical expenses' , which is fair and reasonable one.

¶264

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¶265

HC-KAR

¶266

The Tribunal has not granted any compensation under the head ' food, nourishment, transportation, attendant charges' etc., Hence, considering the nature of injuries sustained by the claimant and the number of days she was in hospital, we are granting a sum of Rs.20,000/- under this head.

¶267

The Tribunal has not granted any compensation under the head ' loss of amenities' . Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on his future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head.

¶268

The Tribunal has not granted any compensation towards ' loss of earning during the period of treatment' . The accident is of the year 2019 and

¶269

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¶270

HC-KAR

¶271

considering the nature of injuries the claimant was under

¶272

rest and taken treatment for a period of two months, therefore, taking notional income of the claimant at Rs.14,000/- a sum of Rs.28,000/- (14000x2) is awarded

¶273

under the head of ‘loss of income during laid up period'.

¶274

Thus, the claimant is entitled for the following modified compensation:

¶275

HEADS	Amount (in Rs.)
Towards pain and sufferings	75,000.00
Medical expenses	1,79,875.00
Food, nourishment, transportation and attendant charges	20,000.00
Loss of amenities	30,000.00
Towards loss of future earning capacity	2,35,200.00
Loss of income during laid up period	28,000.00
Total	5,68,075.00

¶276

Thus, the appellant/claimant is entitled to total

¶277

compensation of Rs. 5,68,075/- as against Rs.2,29,875/awarded by the Tribunal.

¶278

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¶279

V. MFA.1782/2024 (MVC No.129/2021 - Smt.

¶280

S.P.Shobha - injury case)

¶281

The appellant was aged about 57 years at the time of accident. She was working as teacher in Government Higher Primary School, Gutturu village, Harihara Taluk, Davanagere District. She was examined as PW.1 and relied upon Exs.P1 to P13. As per Ex.P7 -

¶282

wound certificate she sustained the following injuries:

¶283

Right acetabular fracture

¶284

Right proximal humerus fracture.

¶285

The Tribunal awarded Rs.50,000/- towards

¶286

'pain and sufferings' , which is fair and reasonable.

¶287

Further, the Tribunal has not considered

¶288

disability certificate (Ex.P6) issued by the Doctor. A Government servant, who is injured, is generally entitled to compensation for loss of future income, either through statutory schemes like the Employees' Compensation Act or through disability pension benefits under the CCS (EOP)

¶289

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¶290

34 -

¶291

Rules, although the specifics depend on the nature of the employment, the injury, and the governing regulations. Compensation can also be awarded in accident claims, even if the Government servant is still receiving their salary, to account for future prospects, disability, and other losses. As per the disability certificate, the appellant suffered permanent disability at 37% in her right lower limb locomotor function. Hence, we have to consider the disability at 12% i.e., 1/3^rd of total disability, which is fair and reasonable one.

¶292

Insofar as ' loss of future earning capacity' is

¶293

concerned, the claimant is working as a Teacher in Government Higher Primary School. But she has not furnished any salary particulars. The accident is of the year 2019. In the absence of proof of income, taking note of circular issued by Karnataka State Legal Services Authority, we deem it appropriate to re-assess the notional income of the claimant at Rs.14,000/- p.m.

¶294

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¶295

The claimant was aged about 57 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra , the multiplier applicable to the age of the claimant is ‘9’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under;

¶296

Rs.14,000 x 12 x 9 x 12% = Rs.1,81,440/-

¶297

The tribunal has not awarded any compensation towards ' medical expenses' . As per medical bills, the appellant incurred Rs.1,40,000/towards medical expenses, but the tribunal has not assigned any reasons. The record as per Ex.P12 - Certificate given from BEO Office revealed that, the claimant had reimbursed Rs.1,23,316/- from her employer, thus she is entitled for remaining amount of Rs.16,684/ -, which is fair and reasonable one.

¶298

The Tribunal has not granted any compensation under the head food, nourishment, transportation, and attendant charges etc., hence, considering the

¶299

36 -

¶300

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¶301

nature of injuries sustained by the claimant and the number of days she was in hospital, we are granting a sum of Rs.20,000/- under this head.

¶302

The Tribunal has not granted any compensation under the head loss of amenities . Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on her future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head.

¶303

The Tribunal has not granted any compensation

¶304

towards loss of earning during the period of

¶305

treatment . The accident is of the year 2019 and by considering the nature of injuries sustained by the claimant and she was under rest and took treatment for a period of two months, therefore, taking the notional

¶306

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¶307

income of the claimant at Rs.14,000/-, a sum of Rs.28,000/- (14000x2) is awarded under the head of

¶308

‘loss of income during laid up period'.

¶309

Thus, the claimant is entitled for the following

¶310

modified compensation:

¶311

HEADS	Amount (in Rs.)
Towards pain and suffering	50,000.00
Medical expenses	16,684.00
Food, nourishment, transportation and attendant charges	20,000.00
Loss of amenities	30,000.00
Towards loss of future earning capacity	1,81,440.00
Loss of income during laid up period	28,000.00
Total	3,26,124.00

¶312

Thus, the appellant/claimant is entitled to total compensation of Rs. 3,26,124/- as against Rs.50,000/awarded by the Tribunal.

¶313

VI - MFA.1815/2024 (MVC No.128/2021 - Smt.

¶314

S.P.Prabha - injury case)

¶315

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¶316

HC-KAR

¶317

The appellant was aged about 52 years at the time of accident. She was working as a tailor and she was a home maker. She was examined as PW.7 and relied

¶318

upon Ex.P54 to P61. As per Ex.P 54 - wound certificate, the claimant sustained the following injuries:

¶319

Right proximal tibia fracture.

¶320

Left proximal humerus fracture.

¶321

The Tribunal awarded Rs.50,000/- towards

¶322

'pain and sufferings' , which is fair and reasonable. Further, the Tribunal has not considered disability certificate (Ex.P-59) issued by the Doctor. As per the disability certificate, the appellant suffered permanent physical disability at 24% in her left upper limb locomotor function. Hence, we have considered the disability at 8% to the whole body i.e., 1/3^rd of total disability, which is fair and reasonable one.

¶323

Towards loss of future earning capacity is

¶324

concerned, the claimant was working as Tailor. The accident is of the year 2019. In the absence of proof of

¶325

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¶326

income, taking note of circular issued by Karnataka State Legal Services Authority, we deem it appropriate to reassess the notional income of the claimant at Rs.14,000/per month.

¶327

The claimant was aged about 52 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra , the multiplier applicable to the age of the claimant is ‘11’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under:

¶328

Rs.14,000 x 12 x 11x 8% = Rs.1,47,840/-

¶329

The tribunal has not awarded any compensation towards 'medical expenses' . As per Ex.P55 - medical bills, the appellant incurred Rs.2,06,000/- towards medical expenses, but the tribunal has not assigned any reasons. Hence, we are granting the said compensation under this head.

¶330

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¶331

HC-KAR

¶332

The Tribunal has not granted any compensation under the head food, nourishment, transportation, attendant charges etc., Hence, considering the nature of injuries sustained by the claimant and the number of days she was in hospital, we are granting a sum of Rs.20,000/- under this head.

¶333

The Tribunal has not granted any compensation under the head ' loss of amenities' . Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on her future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head.

¶334

The Tribunal has not granted any compensation

¶335

towards ' loss of earning during the period of treatment' . The accident is of the year 2019 and

¶336

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¶337

considering the nature of injuries sustained and the claimant was under rest and took treatment for a period of two months, therefore, taking the notional income of the

¶338

claimant at Rs.14,000/-, a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'.

¶339

Thus, the claimant is entitled for the following modified compensation:

¶340

HEADS	Amount (in Rs.)
Towards pain and suffering	50,000.00
Medical expenses	2,06,000.00
Food, nourishment, transportation and attendant charges	20,000.00
Loss of amenities	30,000.00
Towards loss of future earning capacity	1,47,840.00
Loss of income during laid up period	28,000.00
Total	4,81,840.00

¶341

Thus, the appellant/claimant is entitled to total compensation of Rs. 4,81,840/- as against Rs.50,000/awarded by the Tribunal.

¶342

42 -

¶343

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¶344

VII - MFA.1856/2024 (MVC No.127/2021 - Sri. Nagaraj

¶345

Rao - injury case)

¶346

The appellant was aged about 49 years at the time of accident. He was working as a Shift in charge in Process section at M/S Shri Laxmi Narasimha Distilleries

¶347

Pvt. Ltd., Dharwad. He was examined as PW.5 and relied upon Exs.P41 to P53. As per Ex.P 41 - wound certificate, the claimant sustained the following injuries:

¶348

Left distal femur intercondylar fracture

¶349

Right multiple ribs fractures.

¶350

The Tribunal awarded Rs.50,000/- towards

¶351

'pain and sufferings' , which is fair and reasonable one. Further, the Tribunal has not considered disability certificate (Ex.P52) issued by the Doctor. The claimant, who is injured is generally entitled to the compensation for loss of future income, either through statutory schemes like the Employees' Compensation Act or through disability

¶352

pension benefits under the CCS (EOP) Rules, although the specifics depend on the nature of the employment, the

¶353

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¶354

injury, and the governing regulations. Compensation can

¶355

also be awarded in accident claims, even if employee is still receiving his salary, to account for future prospects, disability, and other losses. As per the disability certificate, the appellant suffered permanent disability at 41% in his left lower limb locomotor function. Hence, we have considered the disability at 13% of whole body i.e., 1/3^rd of total disability, which is fair and reasonable one.

¶356

Towards ' loss of future earning capacity' is concerned, the claimant was working in a private company. He has furnished salary particulars vide Exs. P48 and P49. The annual salary of the claimant is Rs.2,69,160/- per annum. The claimant was aged about 49 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra , multiplier applicable to the age of the claimant is ‘13’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under:

¶357

Rs.2,69,160 x 13 x 13% = Rs.4,54,880/-

¶358

44 -

¶359

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¶360

HC-KAR

¶361

The Tribunal has not awarded any

¶362

compensation towards ' medical expenses' . As per Ex.P44 - medical bills, the appellant incurred Rs.1,56,515/- towards 'medical expenses', but the Tribunal has not assigned any reasons. The records reveal that, the claimant incurred such amount towards medical treatment, thus he is entitled for compensation of Rs.1,56,515/- towards medical expenses.

¶363

The Tribunal has not granted any compensation under the head food, nourishment, transportation, and attendant charges etc., hence, considering the nature of injuries sustained by the claimant and the number of days he was in hospital, we are granting a sum of Rs.20,000/- under this head.

¶364

The Tribunal has not granted any compensation under the head ' loss of amenities' . Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or

¶365

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¶366

participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on his future life and prospects. Thus, we granted a sum of Rs.30,000/- under this head.

¶367

The Tribunal has not granted any compensation towards ' loss of earning during the period of treatment' . The accident is of the year 2019 and considering the nature of injuries sustained by the claimant, as he was under rest and took treatment for a period of two months, therefore, taking the average income of the claimant, we are granting global compensation at Rs.45,000/- under the head of ‘loss of income during laid up period'.

¶368

Thus, the claimant is entitled for the following modified compensation:

¶369

HEADS	Amount (in Rs.)
Towards pain and suffering	50,000.00

¶370

46 -

¶371

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¶372

Medical expenses	1,56,515.00
Food, nourishment, transportation and attendant charges	20,000.00
Loss of amenities	30,000.00
Towards loss of future earning capacity	4,54,880.00
Loss of income during laid up period	45,000.00
Total	7,56,395.00

¶373

Thus, the appellant-claimant is entitled to total

¶374

compensation of Rs. 7,56,395/- as against Rs.2,30,903/awarded by the Tribunal.

¶375

In the result, we pass the following: ORDER

¶376

MFA.No.1816/2024, MFA.No.1696/2024, MFA.No.1721/2024, MFA.No.1732/2024, MFA.No.1782/2024, MFA.No.1815/2024 and MFA.No.1856/2024 are allowed-in- part .

¶377

The judgment and award * passed by the I Additional Senior Civil Judge and JMFC, Davanagere dated 28.11.2023 in

¶378

*Deleted vide Chambers Order dated 26/09/2025.

¶379

47 -

¶380

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¶381

HC-KAR

¶382

MVC.Nos.130/2021, 126/2021, 125/2021,

¶383

124/2021, 129/2021, 128/2021 and 127/2021 is modified to the extent stated herein above.

¶384

The claimants in MFA No.1816/2024 (deceased B.G.Krishnamurthy – MVC No.130/2021) are entitled for an additional enhanced compensation of Rs.3,55,400/- with interest at 6% p.a. from the date of claim petition till the date of realization.

¶385

The claimant in MFA No.1696/2024 (Vinay B.K. –MVC No.126/2021) is entitled for an additional enhanced compensation of Rs.3,19,920/- with interest at 6% p.a. from the date of claim petition till the date of realization.

¶386

The claimant in MFA No.1721/2024 (Vikas B.K.- MVC No.125/2021) is entitled for an additional enhanced compensation of Rs.1,28,000/- with interest at 6% p.a. from

¶387

48 -

¶388

NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

¶389

HC-KAR

¶390

the date of claim petition till the date of realization.

¶391

The claimant in MFA No.1732/2024 (Smt. Rama N. Raichur –MVC No.124/2021) is entitled for an additional enhanced compensation of Rs.3,38,200/- with interest at 6% p.a. from the date of claim petition till the date of realization.

¶392

The claimant in MFA No.1782/2024 (Smt. S.P.Shobha - MVC No.129/2021) is entitled for an additional enhanced compensation of Rs.2,76,124/- with interest at 6% p.a. from the date of claim petition till the date of realization.

¶393

The claimant in MFA No.1815/2024 (Smt. S.P.Prabha - MVC No.128/2021) is entitled for an additional enhanced compensation of Rs.4,31,840/- with interest at 6% p.a. from the date of claim petition till the date of realization.

¶394

49 -

¶395

NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS

¶396

HC-KAR

¶397

The claimant in MFA No.1856/2024 (Sri. Nagaraj Rao - MVC No.127/2021) is entitled for an additional enhanced compensation of Rs.5,25,492/- with interest at 6% p.a. from the date of claim petition till the date of realization.

¶398

Respondent No.3 - Insurance Company is directed to deposit the additional compensation amounts with interest at 6% per annum within a period of eight weeks from the date of receipt of a copy of this Judgment.

¶399

On deposit, the Tribunal is directed to disburse the entire additional compensation in favour of the claimants on proper identification as per the apportionment made by the Tribunal.

¶400