The Oriental Insurance Co. Ltd. Vs Smt Ramya

MISCELLANEOUS FIRST APPEAL NO. 8271 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 8272 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 8273 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 8274 OF 2016 (MV-I)

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IN MFA No. 8270/2016:

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BETWEEN:

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

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THE ORIENTAL INSURANCE CO LTD CBO-2, NO.1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE, THROUGH ITS BENGALURU REGIONAL OFFICE, NO.44/45

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LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS BENGALURU-560025 REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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SMT. RAMYA W/O LATE BOMMEGOWDA AGED ABOUT 24 YEARS

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HC-KAR

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DAKSHITHA

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D/O LATE BOMMEGOWDA AGED ABOUT 5 YEARS SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN THE RESPONDENT NO.1.

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BHADRAKALAMMA W/O LATE BOMMEGOWDA AGED ABOUT 61 YEARS

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ALL ARE R/O NO.69, 1^ST CROSS, 2^ND MAIN ROAD, MANJUNATHNAGAR ITTAMADU, BSK 2^ND STAGE, BENGALURU-560085.

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THE PROPRIETOR M/S INTEGRATED LOGISTICS PVT LTD NO.122/5A, CHIKKATHAYAPPA LAYOUT, CHALEKERE, KALYANANAGAR BUS DEPOT NEAR SUSRUTHA NURSING HOME, KALYANANAGAR BENGALURU-560043.

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ANITHA D M W/O PUTTASWAMY NO.65/2, 4^TH CROSS, KAVERIPURA, KAMAKSHIPALYA BANGALORE-560079.

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RELIANCE GENERAL INSURANCE CO LIMITED NO.28, 5^TH FLOOR, CENTUANARY BUILDING M.G. ROAD, BANGALORE-560001 REPRESENTED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. HALESHA R.G., ADVOCATE FOR R1 AND R2 (R2 IS MINOR REP. BY R1); SRI. H.C. BETSUR, ADVOCATE FOR R6;

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HC-KAR

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R3 AND R4 - SERVED AND UNREPRESENTED V/O DATED 09.01.2024, THE APPEAL AGAINST R5 IS DISMISSED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1230/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF Rs.29,38,073/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 8271/2016:

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BETWEEN:

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THE ORIENTAL INSURANCE CO LTD CBO-2, NO.1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE THROUGH ITS BENGALURU REGIONAL OFFICE NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS, BENGALURU-560025 REPRESENTED BY ITS MANAGER.

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...APPELLANT

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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SMT. RAMYA W/O. LATE BOMMEGOWDA, AGED ABOUT 24 YEARS, R/O. NO.69, 1^ST CROSS, 2^ND MAIN ROAD, MANJUNATHNAGAR, ITTAMADU, BSK 2^ND STAGE, BANGALORE-560085.

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THE PROPRIETOR M/S. INTEGRATED LOGISTICS PVT. LTD., NO.122/5A, CHIKKATHAYAPPA LAYOUT,

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HC-KAR

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CHALEKERE, KALYANA NAGAR BUS DEPOT, NEAR SUSRUTHA NURSING HOME, KALYANANAGAR, BENGALURU-560 043.

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ANITHA D.M. W/O. PUTTASWAMY, NO.65/2, 4^TH CROSS, KAVERIPURA, KAMAKSHIPALYA,

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BANGALORE-560 079.

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RELIANCE GENERAL INSURANCE CO. LIMITED NO.28, 5^TH FLOOR, CENTUANARY BUILDING, M.G. ROAD, BANGALORE-560 001. REPRESENTED BY ITS MANAGER.

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...RESPONDENTS

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(BY SRI. HALESHA R.G. ADVOCATE FOR R1; SRI H.C. BETSUR, ADVOCATE FOR R4; R2 SERVED AND UNREPRESENTED; V/O DATED 28.02.2024 NOTICE TO R3 IS HELD SUFFICIENT)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1231/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF Rs.1,75,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 8272/2016:

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BETWEEN:

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THE ORIENTAL INSURANCE CO LTD CBO-2, NO.1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE, THROUGH ITS BENGALURU REGIONAL OFFICE

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HC-KAR

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NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS BENGALURU-560025 REPRESENTED BY ITS MANAGER.

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...APPELLANT

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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THIMMEGOWDA

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S/O. LATE RANGAIAH, AGED ABOUT 61 YEARS, R/O. NO.462/1, 4^TH MAIN ROAD, NAGENDRA BLOCK, SRINAGAR, BANGALORE-560 050.

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THE PROPRIETOR M/S. INTEGRATED LOGISTICS PVT. LTD., NO.122/5A, CHIKKATHAYAPPA LAYOUT, CHALEKERE, KALYANANAGAR BUS DEPOT, NEAR SUSRUTHA NURSING HOME, KALYANANAGAR, BENGALURU-560 043.

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ANITHA D.M. W/O. PUTTASWAMY, NO.65/2, 4^TH CROSS, KAVERIPURA, KAMAKSHIPALYA, BANGALORE-560 079.

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RELIANCE GENERAL INSURANCE CO. LIMITED NO.28, 5^TH FLOOR, CENTUANARY BUILDING, M.G. ROAD, BANGALORE-560 001 REPRESENTED BY ITS MANAGER.

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...RESPONDENTS

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(BY SRI. HALESHA R.G., ADVOCATE FOR R1; SRI. D.H.C. BETSUR, ADVOCATE FOR R4;

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R2 - SERVED AND UNREPRESENTED

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V/O DATED 23.06.2025 NOTICE TO R3 IS

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DISPENSED WITH)

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HC-KAR

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1233/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF Rs.1,25,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 8273/2016:

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BETWEEN:

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THE ORIENTAL INSURANCE CO LTD CBO-2, NO.1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE THROUGH ITS BENGALURU REGIONAL OFFICE NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS BENGALURU-560025 REPRESENTED BY ITS MANAGER.

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...APPELLANT (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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RANGANATH S/O LATE NARAYANAPPA AGED ABOUT 28 YEARS R/O NO.12, 16^TH CROSS, BALAJINAGARA, THIGULARAPALYA PEENYA 2^ND STAGE, BANGALORE-560058.

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THE PROPRIETOR M/S INTEGRATED LOGISTICS PVT LTD NO.122/5A, CHIKKATHAYAPPA LAYOUT, CHALEKERE, KALYANANAGAR BUS DEPOT

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HC-KAR

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NEAR SUSRUTHA NURSING HOME, KALYANANAGAR, BENGALURU - 560043.

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...RESPONDENTS

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(BY SRI. HALESHA R.G., ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1849/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF RS.10,30,100/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 8274/2016:

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BETWEEN:

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THE ORIENTAL INSURANCE CO LTD CBO-2, NO.1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE THROUGH ITS BENGALURU REGIONAL OFFICE NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS BENGALURU-560025 REPRESENTED BY ITS MANAGER.

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...APPELLANT

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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ANIL S/O THIMMEGOWDA AGED ABOUT 33 YEARS R/O NO.462/1, 4^TH MAIN ROAD, NAGENDRA BLOCK, SRINAGAR, BANGALORE-560050.

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THE PROPRIETOR

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HC-KAR

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M/S INTEGRATED LOGISTICS PVT LTD NO.122/5A, CHIKKATHAYAPPA LAYOUT CHALEKERE, KALYANANAGAR BUS DEPOT NEAR SUSRUTHA NURSING HOME KALYANANAGAR BENGALURU-560043.

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ANITHA D M W/O PUTTASWAMY NO.65/2, 4^TH CROSS, KAVERIPURA, KAMAKSHIPALYA BANGALORE-560 079.

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RELIANCE GENERAL INSURANCE CO LIMITED NO.28, 5^TH FLOOR, CENTUANARY BUILDING M.G. ROAD, BANGALORE-560001 REPRESENTED BY ITS MANAGER.

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...RESPONDENTS

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(BY SRI. HALESHA R.G., ADVOCATE FOR R1; SRI. H.C. BETSUR, ADVOCATE FOR R4; R2 SERVED AND UNREPRESENTED V/O DATED 28.02.2024 NOTICE TO R3 IS H/S)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1232/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF Rs.3,55,207/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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HC-KAR

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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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Heard learned counsel for the appellant-Insurance

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company and learned counsel for the claimants/respondents.

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MFA.No.8270/2016, MFA No.8271/2016, MFA No.8272/2016, MFA No.8273/2016 and MFA No.8274/2016 are filed by the appellant-Insurance Company challenging the judgment and award dated 20.08.2016 passed by the Member Prl. Motor Accident Claims Tribunal, Bangalore(SCCH-1) (for short 'Tribunal') in MVC Nos.1230/2015, 1231/2015, 1233/2015, 1849/2015 and 1232/2015 on account of negligence, liability and quantum of compensation.

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Since all the above appeals are arising out of the same accident, they are disposed of by this common judgment.

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For the sake of convenience, the parties are referred to as per their rankings in the claim petitions before the Tribunal.

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HC-KAR

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Brief facts of the claimants/injured cases before the Tribunal are that:-

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On 08.03.2015 at about 3.30 a.m., when the claimants were returning to Bangalore after visiting Dharmasthala and Kukke Subramanya and when they reached near NH-48 near Sami Lab opposite to Mallarabanavadi U turn, the driver of container lorry bearing registration No.KA-01/AA-0800, which was moving ahead of the said Tavera car bearing registration No.KA-01/C-7550 suddenly took U turn from left towards his extreme right without switching on the indicator in a rash and negligent manner, due to which, the driver of the Tavera car though tried to avoid the accident, collided with the container lorry, consequently, the driver of the car and other inmates of the Tavera car sustained grievous injuries. One of the injured by name Bommegowda was shifted to Mathru Shree Hospital, Nelamangala, wherein first aid was done, later shifted to BGS Global Hospital and he was inpatient and upon examination, it was found that, he had sustained traumatic brain injury to left front tempero parietal acute sub-dural hematoma and other grievous injuries all over the body. Injured Bommegowda

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succumbed to the injuries on 09.03.2015, however, the other injured/inmates of the Tavera car filed claim petitions and legal representatives of deceased Bommegowda filed claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the death of Bommegowda and for the injuries sustained by them in the road traffic accident.

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Learned counsel Sri. S.V. Hegde Mulkhand appearing for the appellant-the Oriental Insurance company Ltd., vehemently contended that the evidence on record shows that the container lorry bearing registration No.KA-01/AA-0800 was proceeding on the left side by observing the traffic rules and while proceeding so, a Tavera car bearing registration No.KA01-C-7550 which was proceeding behind the lorry came in high speed in rash and negligent manner, without observing the traffic rules and dashed against the rear side bumper of the lorry. Further, the evidence on record clearly shows that the accident in question took place solely due to rash and negligent driving by the driver of Tavera car. However, the Tribunal without observing the contents of the complaint, FIR, spot mahazar, sketch and charge sheet, saddled entire responsibility

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on the driver of the lorry. Infact, there is contributory negligence on the part of the driver of Tavera car. He further submits that the Tribunal has granted compensation under the head 'loss of dependency', which is high and exorbitant one. The Tribunal has granted future prospects at 40% and it has to be reduced to 25% in view of the ratio laid down by the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others , reported in (2017) 16 SCC 680 . Further, the Tribunal without considering the principles laid down in Magma General Insurance Company Limited Vs Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130 and Pranay Sethi's case referred supra has granted high and exorbitant compensation under conventional heads, the same has to be reduced. Learned counsel prayed to saddle entire responsibility on the driver of Tavera car and to allow the appeals.

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Per-contra, learned counsel for the claimants and learned counsel for respondent No.4/respondent No.6-Reliance General Insurance Co. Limited vehemently contended that the award passed by the Tribunal is based on oral and documentary

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evidence on record and the Tribunal has considered all the aspects of the matter and has rightly saddled entire responsibility on the driver of the lorry. Hence, no interference is called for in that regard. Thus, prays for dismissal of the appeals filed by the Insurance company-The Oriental Insurance Co. Ltd.,/appellant.

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Having heard learned counsel for both the parties and on perusal of the appeal papers including original records of the Tribunal, the following points arise for our consideration in these appeals:-

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"Whether the Tribunal is justified in saddling liability on the driver of the lorry?

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Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for reduction?

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The claimants in support of their contention have examined PWs 1 to 7 and got marked documents as per Ex.P1 to 43 and respondents got examined as RWs 1 to 4 and got marked documents as per Exs.R1 to 4.

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Insofar as contributory negligence is concerned, from perusal of the oral evidence of PWs 1 to 4 and documentary evidence, more particularly, Ex-P1 FIR, Ex-P2 spot mahazar, Ex-P3 sketch, Ex-P4 IMV report, Ex-P7 charge sheet, they clearly demonstrate that the driver of the lorry was proceeding on extreme left side of the road from Kunigal side towards Nelamangala road on NH-48 and the driver of the Tavera car was also proceeding in the same line and dashed to the rear side of the lorry. As per Ex-P7 charge sheet, the Investigating Officer conducted investigation and filed charge sheet against the driver of the container lorry for the offences punishable under Sections 279 and 304 A of Indian Penal Code (IPC). The contents of the charge sheet are not disputed by the Insurance company. From the perusal of Ex-P2 spot panchanama and Ex-P3 spot sketch, it clearly establishes that there is curve on the spot of the accident and the container lorry was standing towards extreme left side of the road and the car was also standing behind it.

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It is the case of the claimants that the driver of the lorry was taking 'U' turn (right side) and he came in the middle

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of the road, thus the accident occurred. At that time, the driver of Tavera car could have applied brake and could have avoided the accident. If we apply the doctrine of res ipsa loquitur , it appears that the accident occurred on the left side of the road. Thus, it is clear that the driver of the container lorry took 'U' turn, towards right side and thus the driver of the Tavera car came from hind side and dashed to the lorry and he could have applied brake and avoided the accident. Hence, these are fit cases warranting exercise of this Court to interfere with the findings of the Tribunal and saddle liability on the offending lorry to the extent of 75% and 25% on the part of driver of Tavera car. Accordingly, the finding of the Tribunal as regard to contributory negligence is modified to that extent.

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In MFA No.8270/2016 (MVC No.1230/2015) ,

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insofar as quantum of compensation is concerned, the Tribunal assessed the income of deceased Bommegowda Rs.17,547/- p.m. based on the Ex-P25 appointment letter, salary certificates vide Ex-P23 and Exs-P24- six pay slips and assessed the annual income at Rs.2,08,164/- p.a. The same is not disputed by the Insurance company.

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Insofar as future prospects is concerned in MVC

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No.1230/2015, the Tribunal assessed the same at 30% which is contrary to the ratio laid down by the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay

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Sethi & Others , reported in (2017) 16 SCC 680 ., wherein the percentage of future prospects to be added in case of selfemployment is 25%. As on the date of the accident, the age of the deceased was 42 years and hence, the percentage of future prospects has been reduced to 25% from 30%. The gross salary of deceased is Rs.17,547/- and the annual income of the deceased works out to Rs.2,10,564/-(Rs.17,547/- x 12), to which, 25% of his income is to taken towards future prospects. There are 3 claimants, thus, 1/3^rd towards personal expenses of

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the deceased has to be deducted and by applying '14' multiplier, the 'loss of dependency' is reckoned as under:-

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Rs.2,10,564 +25% = 2,63,205/-

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Rs.2,63,205/- x1/3^rd personal expenses of deceased = Rs.2,63,205 -87,735/- = 1,75,470/- x 14 multiplier = Rs.24,56,580/-

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HC-KAR

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However, the Tribunal awarded a sum of Rs.25,25,712/and same has to be reduced to Rs.24,56,580/- under the head 'loss of dependency'. The Tribunal has granted compensation of Rs.2,52,361/- towards 'medical expenses'. The same is maintained and no interference is called for in that regard.

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The Tribunal granted a sum of Rs.1.00 lakh towards 'compensation to the family member for loss of love and affection, deprivation of protection, social security', Rs.50,000/towards 'compensation to the widow of the deceased for loss of love and affection, pain and suffering, loss of consortium, deprivation of protection, social security etc.,' and Rs.10,000/towards 'cost incurred on account of funeral and ritual expenses'. The same needs to be enhanced.

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In view of the ratio laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Company Ltd., vs. Nanu Ram alias Chuhru Ram and others¹ , the claimants are entitled to Rs.1,44,000/-(Rs.40,000+20% escalation x 3 claimants), towards 'loss of consortium' . In

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1 (2018) 18 SCC 130

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addition, the claimants are entitled to Rs.15,000/- towards

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' funeral expenses' with 20% escalation which comes to Rs.18,000/and towards 'loss of estate' Rs.15,000/(Rs.15,000 +20%) which comes to Rs.18,000/-. Thus, the claimants-appellants in MVC No.1230/2015 are entitled for a total compensation of Rs.28,88,941/-, as per the table below:

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Compensation under different Heads	Amount awarded by Tribunal in Rs.	Amount awarded by this Court
Loss of dependency	25,25,712/-	24,56,580/-
Compensation to family members other than wife	1,00,000/-	-
Loss of consortium	50,000/-	1,44,000/-
Loss of estate	-	18,000/-
Funeral expenses	10,000/-	18,000/-
Medicalexpenses	2,52,361/-	2,52,361/-
TOTAL
Compensation awarded by theTribunal	29,38,073/-	28,88,941/-
	BALANCE	-49,132/-

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Hence, the total compensation is reduced to Rs.28,88,941/-

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from Rs.29,38,073/- as awarded by the Tribunal.

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Insofar as, rate of interest awarded by the Tribunal is concerned, the learned counsel for the Insurer vehemently

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contended that, the Tribunal awarded 9% interest which is high

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and exhorbitant one and same has to be reduced to 6%. The decision rendered by this Court in MFA No.5896/2018 C/w.MFA Nos.4444/2018 and 4659/2018 in the case of Ms.Joyeeta

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Bose and others vs. Venkateshan V and others wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, it has been held that rate of interest shall not exceed 6% p.a. from the date of petition till the date of deposit. In the present cases also, the rate of interest is reduced to 6% p.a. instead of 9% p.a. awarded by the Tribunal.

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Hence, the respondents/claimants in MVC No.1230/2015 are entitled to a reduced compensation of Rs.28,88,941/- as against Rs.29,38,073/- awarded by the tribunal.

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Learned counsel for the appellant-Insurance company contended that the Tribunal awarded high and exorbitant compensation to the claimants in MFA No.8271/2016(MVC No.1231/2015), MFA No.8272/2016 (MVC No.1233/2015), MFA No.8273/2016(MVC No.1849/2015) and MFA

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No.8274/2016(MVC No.1232/2015)without any basis, which needs to be interfered with.

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Learned counsel for the claimants in MFA

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No.8271/2016(MVC No.1231/2015), MFA No.8272/2016 (MVC No.1233/2015), MFA No.8273/2016(MVC No.1849/2015) and MFA No.8274/2016(MVC No.1232/2015) contended that the compensation awarded by the Tribunal under different heads are not fair and reasonable. The same needs to be enhanced accordingly.

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We have perused the impugned judgment and award passed by the Tribunal. The respondents/injured/claimants in MFA No.8271/2016(MVC No.1231/2015), MFA No.8272/2016(MVC No.1233/2015), MFA No.8273/2016(MVC No.1849/2015) and MFA No.8274/2016(MVC No.1232/2015) are awarded a total compensation of Rs.1,75,000/-, Rs.1,25,000/-, Rs.10,30,100/- and Rs.3,55,207/- respectively. The Tribunal considering the oral and documentary evidence, more particularly, the injury sustained by the claimants and the wound certificates has granted fair and reasonable

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NC: 2025:KHC:31646-DB MFA No. 8270 of 2016 C/W MFA No. 8271 of 2016 MFA No. 8272 of 2016 HC-KAR AND 2 OTHERS

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compensation under all heads. The same are hereby

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maintained and no interference is called for.

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Accordingly, we pass the following:

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ORDER

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MFA No.8271/2016, MFA

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No.8272/2016, MFA No.8273/2016 and MFA No.8274/2016 are allowed-in-part. The judgment and award dated 20.08.2016 passed by Member Prl. Motor Accident Claims Tribunal, Bangalore in MVC No.1231/2015, MVC No.1233/2015, MVC No.1849/2015 and MVC No.1232/2015 is hereby affirmed, however, the liability is fastened on the offending lorry to the extent of 75% and 25% on the car and interest awarded at 9% p.a. by the Tribunal is reduced to 6% p.a. from the date of filing the claim petitions till the date of realisation.

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MFA No.8270/2016 is allowed in-part.

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Page No.21 Retyped and Replaced vide Chambers Order dated 09.10.2025.

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NC: 2025:KHC:31646-DB MFA No. 8270 of 2016 C/W MFA No. 8271 of 2016 MFA No. 8272 of 2016 AND 2 OTHERS

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HC-KAR

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The judgment and award dated 20.08.2016 passed by Member Prl. Motor Accident Claims Tribunal, Bangalore in MVC No.1230/2015 is modified to the extent stated hereinabove.

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The respondents/claimants are entitled for a reduced compensation of Rs.28,88,941/from Rs.29,38,073/- thus, a sum of Rs.49,132/is reduced from total compensation with interest at 6% p.a. from the date of filing of the claim petition till the date of its realization.

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The appellant -Oriental Insurance Company shall deposit 75% of its liability and Respondent No.6-Reliance General Insurance Company Limited is directed to deposit 25% of its liability with accrued interest before the Tribunal at 6% p.a. within a period of six weeks from the date of receipt of copy of the judgment.

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Page No.22 Retyped and Replaced vide Chambers Order dated 09.10.2025.

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