Afren Fatima Vs National Insurance Co. Ltd.

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 PRESENT

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THE HON'BLE MR. JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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M.F.A. NO. 7277/2023 (MV-I) C/W

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M.F.A. NO.6671/2023 (MV-I), M.F.A. NO.6694/2023 (MV-I), M.F.A. NO.6695/2023 (MV-D), M.F.A. NO.6699/2023 (MV-I), M.F.A. NO.7335/2023 (MV-I) AND M.F.A. NO.7336/2023 (MV-I)

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IN MFA NO.7277/2023

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BETWEEN:

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Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA

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AFREN FATIMA AGED ABOUT 23 YEARS, D/O LATE SHAHABUDDIN KHAN, PRESENTLY RESIDING AT NUMBER 3057, 5^TH MAIN, KUMARASWAMY LAYOUT, 1^ST STAGE, BANGALORE-560078.

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(BY SRI. ARJUN REGO, ADV.)

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…APPELLANT

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AND:

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NATIONAL INSURANCE CO. LTD., NO.144, 2^ND FLOOR, SHUBHARAM COMPLEX, MG ROAD, BENGALURU-560001 REP. BY ITS MANAGER.

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PUSHPA AGED ABOUT 62 YEARS, DAUGHTER OF MADAN,

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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8/147, PANATHIL MEETHAL, CHENGOTTUKAVU PO, KOZHIKODE, KERALA-673306 OWNER OF MARUTI RITZ CAR KL-14/L-4800.

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…RESPONDENTS

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(BY SRI. ANUP SEETHARAM RAO, ADV. FOR R1 R2 SERVED & UNREPRESENTED)

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THIS APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO.5851/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 6671/2023

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BETWEEN:

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NATIONAL INSURANCE COMPANY LTD., NO.144, 2^ND FLOOR SUBHARAM COMPLEX M G ROAD, BENGALURU-560001 REP. BY ITS DEPUTY MANGER SMT. REKHA S MENON.

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...APPELLANT

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(BY SRI. ANUP SEETHARAM RAO, ADV.)

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AND:

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MRS. NARGIS FATIMA SYED AGED ABOUT 49 YEARS W/O LATE SHAHABUDDIN KHAN R/AT NO.214, 8^TH CROSS JSBCS LAYOUT, J P NAGAR POST BENGALURU -560078.

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MRS. PUSHPA AGED ABOUT 62 YEARS D/O DR. MADAN R/AT NO. S.147, PANATHIL MEETHAL CHENGOTTUKAVU POST, KOZHIKODE

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HC-KAR

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KERALA STATE 673306 (OWNER OF CAR NO.KL -14-L 4800).

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...RESPONDENTS

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(BY SRI. ARJUN REGO, ADV.F OR R1 R2 SERVED & UNREPRESENTED)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO. 5849/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MACT, BENGALURU SCCH-19, AWARDING COMPENSATION OF RS.2,15,000/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 6694/2023

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BETWEEN:

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NATIONAL INSURANCE COMPANY LTD., NO.144, 2^ND FLOOR SUBHARAM COMPLEX, M G ROAD BENGALURU-560001 REP. BY ITS DEPUTY MANAGER SMT. REKHA S MENON.

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...APPELLANT

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(BY SRI. ANUP SEETHARAM RAO, ADV.)

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AND:

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MR. MOHAMMED NAUMAN KHAN S/O LATE SHAHABUDDIN KHAN AGED ABOUT 28 YEARS R/AT NO.3057, 5^TH MAIN, KUMARASWAMY LAYOUT, I STAGE BENGALURU-560078.

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MRS. PUSHPA D/O MR. MADAN AGED ABOUT 62 YEARS R/AT NO.8.147, PANATHI MEETHAL CHENGOTTUKAVU POST, KOZHIKODE KERALA STATE-673306 (OWNER OF CAR NO.KL-14-L-4800).

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...RESPONDENTS

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(BY SRI. ARJUN REGO, ADV. FOR R1 R2 SERVED & UNREPRESENTED)

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO.5850/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU SCCH-19, AWARDING COMPENSATION OF RS.4,70,200/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 6695/2023

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BETWEEN:

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M/S. NATIONAL INSURANCE CO.LTD., II FLOOR, NOOR COMPLEX, ALAYIDATH PALAM, NEAR SBT MAVOOR ROAD, P B NO.811, KOZHI KODE KERALA, THROUGH ITS REGIONAL OFFICE, NO.144, II FLOOR, SUBHARAM COMPLEX, M G ROAD, BENGALURU-560001.

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...APPELLANT

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(BY SRI. ANUP SEETHARAM RAO, ADV.)

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AND:

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MRS. NARGIS FATIMA SYED W/O LATE SHAHABUDDIN KHAN AGED ABOUT 49 YEARS R/AT NO.214, 8^TH CROSS JHBCS LAYOUT, J P NAGAR POST BENGALURU-560078.

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MR. MOHAMMED NAUMAN KHAN S/O LATE SHAHABUDDIN KHAN AGED ABOUT 28 YEARS R/A NO.3057, 5^TH MAIN KUMARASWAMY LAYOUT I STAGE BENGALURU-560078.

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MS. AFREEN FATIMA D/O LATE SHAHABUDDIN KHAN AGED ABOUT 24 YEARS R/AT NO.3057, 5^TH MAIN KUMARASWAMY LAYOUT I STAGE BENGALURU-560078.

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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MRS. PUSHPA D/O MR. MADAN AGED ABOUT 62 YEARS R/AT NO.8. 147, PANATHI MEETHAL CHENGOTTUKAVU POST,KOZHIKODE, KERALA STATE-673306 (OWNER OF CAR NO.KL-14-L-4800).

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...RESPONDENTS

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(BY SRI. ARJUN REGO, ADV. FOR R1 TO R3 R4 SERVED & UNREPRESENTED)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED IN MVC NO.5653/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU SCCH-19, AWARDING COMPENSATION OF RS.41,45,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 6699/2023

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BETWEEN:

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NATIONAL INSURANCE COMPANY LTD., NO.144, 2^ND FLOOR SUBHARAM COMPLEX, M G ROAD BENGALURU-560001 REP. BY ITS DEPUTY MANAGER SMT. REKHA S MENON.

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...APPELLANT

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(BY SRI. ANUP SEETHARAM RAO, ADV.)

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AND:

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MRS. AFREEN FATIMA D/O LATE SHAHABUDDIN KHAN AGED ABOUT 23 YEARS R/AT NO.3057, 5^TH MAIN, KUMARASWAMY LAYOUT I STAGE, BENGALURU-560078.

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MRS. PUSHPA D/O MR. MADAN AGED ABOUT 62 YEARS

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HC-KAR

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R/AT NO.8.147, PANATHI MEETHAL CHENGOTTUKAVU POST, KOZHIKODE KERALA STATE-673306 (OWNER OF CAR NO.KL-14-L-4800)

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...RESPONDENTS

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(BY SRI. ARJUN REGO, ADV. FOR R1 R2 SERVED & UNREPRESENTED)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO.5851/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU (SCCH-19), AWARDING COMPENSATION OF RS. 3,53,000/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL ITS REALIZATION.

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IN MFA NO. 7335/2023

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BETWEEN:

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NARGIS FATIMA SYED AGED ABOUT 49 YEARS, WIFE OF LATE SHAHBUDDIN KHAN, PRESENTLY RESIDING AT NO.214, 8^TH CROSS, JHBC LAYOUT, J P NAGAR POST, BANGALORE- 560078.

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MOHAMMED NAUMAN KHAN AGED ABOUT 27 YEARS, SON OF LATE SHAHBUDDIN KHAN, PRESENTLY RESIDING AT NO.3057, 5^TH MAIN, KUMARASWAMY LAYOUT 1^ST STAGE, BANGALORE-560078.

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AFREEN FATIMA AGED ABOUT 23 YEARS, D/OF LATE SHAHABUDDIN KHAN, PRESENTLY RESIDING AT NO.3057, 5^TH MAIN,

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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KUMARASWAMY LAYOUT,

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1^ST STAGE, BANGALORE-560078.

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...APPELLANTS

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(BY SRI. ARJUN REGO, ADV.)

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AND:

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NATIONAL INSURANCE CO. LTD., 2^ND FLOOR, NOOR COMPLEX, ALAYIDATH PALAM, NEAR SBT MAVOOR ROAD, P.B.NO.811 KOZHIKODE, KERAL REP. BY ITS GENERAL MANAGER.

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PUSHPA AGED ABOUT 60 YEARS, DAUGHTER OF MADAN, OWNER, MARUTI RITZ CAR KL 14 L 4800, 8/147, PANATHIL MEETHAL, CHENGOTTUKAVU PO, KOZHIKODE, KERALA-673306.

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...RESPONDENTS

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(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR R1 R2 SERVED & UNREPRESENTED)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED IN MVC NO.5653/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU, SCCH-19, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 7336/2023

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BETWEEN:

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NARGIS FATIMA SYED AGED ABOUT 49 YEARS, W/OF LATE SHAHABUDDIN KHAN, PRESENTLY R/AT 214, 8^TH CROSS, JHBCS LAYOUT,

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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J P NAGAR POST, BANGALORE- 560078. (BY SRI. ARJUN REGO, ADV.)

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...APPELLANT

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AND:

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NATIONAL INSURANCE CO. LTD., NO.133, 2^ND FLOOR, SHUBHARAM COMPLEX, MG ROAD, BENGALURU-560001.

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PUSHPA D/OF MADAN, AGED ABOUT 62 YEARS, OWNER MARUTI RITZ CAR, KL 14 L 4800, 8/147, PANATHIL MEETHAL, CHENGOTTUKAVU PO, KOZHIKODE, KERALA-673306.

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...RESPONDENTS

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(BY SRI. ANUP SEETHARAMA RAO, ADV. FOR R1 R2 SERVED & UNREPRESENTED)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC NO. 5849/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE, MACT, XXIII ACMM, MAYO HALL UNIT, BENGALURU (SCCH19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND

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HON'BLE MR. JUSTICE K. V. ARAVIND

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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These batch of appeals arise out of the same accident which had occurred on 10.10.2016 involving car bearing registration No.KA-53-M-3426 and car bearing registration No.KL-14-L-4800 on the Nanjangud-Gundlupet Highway.

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Insurer is before this Court in

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MFA.No.6671/2023, MFA.No.6694/2023, MFA.No.6695/2023 and MFA.No.6699/2023 questioning the negligence, saddling of 100% liability on it, without examining the contributory negligence by the other car. The claimants in MFA.No.7277/2023, MFA.No.7335/2023 and MFA.No.7336/2023 are in appeal not being satisfied with the quantum of compensation, praying for enhanced compensation.

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The deceased and injured were traveling in car bearing registration No.KA-53-M-3426 and were

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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proceeding from Bengaluru to Ooty on the NanjanagudGundlapet Highway. A car bearing registration No.KL-14-L4800 was coming from Gundlapet towards Nanjanagud. The accident that occurred on 10.10.2016 involving the above noted two cars is not in dispute. So also, the death of Shahabuddin Khan and injuries to other claimants is also not in dispute.

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Heard learned counsel Sri.Anup Seetharam Rao for appellants/insurance company and learned counsel Sri.Arjun Rego for respondents/claimants. Perused the entire appeal papers including the Trial Court Records.

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Learned counsel Sri.Anup Seetharam Rao for

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insurer would contend that the accident occurred on the middle of the road on Nanjangud-Gundlapet highway in front of Hotel Deluxe, due to the negligent driving of both the drivers of the car. Further, he submits that both the drivers of the car were driving the car at high speed and both the drivers were negligent, which resulted in the

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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accident on the middle of the road. Learned counsel would submit that, the Tribunal without considering the documents at Ex.P12 – sketch, Ex.P19 – IMV report and the evidence of PW1 – eyewitness has saddled 100% liability on the appellant-insurance company. Further, learned counsel would submit that, the appellantinsurance company has specifically contended that the insurer of the car in which the deceased and the injured were traveling was also necessary and proper party to the claim petition. Without considering the same, the Tribunal erroneously come to the conclusion that the accident occurred solely due to the negligence of the driver of the car bearing registration No.KL-14-L-4800. Further, learned counsel would contend that since the accident had occurred due to the negligence of both the drivers of the car, the Tribunal ought to have considered contributory negligence and saddled negligence equally on the drivers of both the cars. Thus, learned counsel for the

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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appellant/insurance company would pray for modification of the judgment and award passed by the Tribunal.

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On the other hand, learned counsel Sri.Arjun

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Rego for respondent/claimant insofar as the negligence is concerned would submit referring to Ex.P12 – sketch that the accident had not occurred on the middle of the road. Further, he submits that the car in which the deceased and injured were traveling was proceeding from Nanjunagud to Gundlupet on the left side, whereas the offending car which was coming on the opposite side from Gundlupet to Nanjunagud steered right and dashed the car in which the deceased and injured were traveling. He submits that at the spot of the accident, road width was 40 feet, whereas

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the offending car had 25 feet on its side. Therefore, he submits that the accident occurred solely due to the negligent driving of the offending vehicle and the Tribunal has rightly saddled liability on the offending vehicle.

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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In the appeal filed by the insurer, where the insurer has questioned only saddling of liability entirely upon it without examining the contributory negligence, the following point would fall for our consideration:

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Whether the Tribunal is justified in saddling 100% liability on the appellant/insurance company, without examining the contributory negligence?

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The answer to the above point would be in the negative for the following reasons:

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As recorded above, the accident in question, death of Shahabuddin Khan and injuries sustained by other claimants is not disputed in these appeals. The insurer is in appeal with regard to the non-consideration of negligence and saddling of entire liability on it. Ex.P12 sketch would indicate that at the spot of accident, the road width was 40 feet. The car in which the deceased and injured were traveling was proceeding from Nanjanagud to Gundlupet on the left side, within 15 feet from the left side. Whereas, the offending car which was coming from

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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Gundlapet to Nanjanagud steered right and dashed the car in which deceased and injured were traveling. At the spot of accident, the offending car had 25 feet on its left, whereas the car in which the deceased and injured were traveling had only 15 feet on its left. Thus, it would be clear that the driver of the offending car was totally negligent and his negligence resulted in occurrence of the accident.

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We have perused Ex.P19 – Motor vehicle Inspector report insofar as both the cars are concerned. Both the cars have sustained damages and photographs also would indicate the damage sustained by both the cars. By looking to the damage to the vehicle or seeing photographs, the negligence cannot be determined. PW1 in her evidence who was traveling along with the deceased was deposed that it was head on collusion. All the suggestions made by the insurance company in the crossexamination have been denied by PW1. The suggestion that there was no fault on the part of the offending vehicle

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 HC-KAR AND 4 OTHERS

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is also denied as not true. The evidence of PW1 would not

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in any way support the contention of the appellant/insurance company. The Tribunal has rightly come to the conclusion that on considering spot sketch and charge sheet, that driver of the offending vehicle drove in a rash and negligent manner and dashed to the claimant's vehicle, which was coming from the opposite side and caused the accident. We are in agreement with the finding of the Tribunal with regard to saddling negligence on the offending car and liability on the insurance company.

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MFA.No.7335/2023 relates to enhancement of

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compensation in respect of deceased. It is stated that deceased was working as First Division Assistant in the Revenue Department. Ex.P37 is the salary certificate dated 26.05.2022, which would indicate that the deceased was earning a total salary of Rs.29,749/- per month and Ex.P31 would indicate that the deceased was Ex-military

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Personnel and was receiving military pension of

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Rs.1,98,011/- per annum.

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Learned counsel for the claimants would submit that the income assessed by the Tribunal insofar as the deceased is concerned is on the lower side and would submit that the Military Pension of the deceased is not taken into consideration while determining the income of the deceased. Further, learned counsel would submit that taking into consideration the military pension of the deceased, the income of the deceased ought to be reassessed.

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Per contra, learned counsel Sri.Anup Seetharam Rao for insurer would submit that rightly military pension is not taken into consideration while determining the income of the deceased since the wife of the deceased i.e., claimant No.1 would continue to receive the military pension. Further, learned counsel would submit that while determining the income of the deceased, the Tribunal has

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not deducted the income tax. Therefore, he prays for revising the income of the deceased by deducting the income tax from his gross salary.

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Having heard the learned counsel for the insurer and claimants, the only point which falls for our consideration in MFA.No.7335/2023 is as to,

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Whether the claimants would be entitled for enhancement of compensation?

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The answer to the above point would be in the affirmative for the following reasons:

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The claimants have proved that the deceased was working as First Division Assistant in Revenue Department by placing on record Ex.P37 – salary certificate bearing employee No.2521672 issued by the DPAR and AccountsC, Karnataka Government Secretariat. The above salary certificate at Ex.P37 would indicate that the deceased was receiving gross salary of Rs.29,749/- p.m., and from the said gross salary, professional tax of Rs.200/- per month and income tax is liable to be deducted. However, while

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determining the income, the Tribunal has ignored the military pension received by the deceased in terms of Ex.P31. However, the first claimant, wife may not receive the entire military pension received by the deceased in terms of Ex.P31. The claimant No.1, the wife of the deceased would be entitled to family pension which according to the learned counsel for the claimant would be 50% of the military pension. In the absence of any material placed on record to indicate the family pension received by the first claimant, we take 50% of the total monthly pension received by the deceased. The Tribunal has rightly added 30% towards future prospect, taking note of the age of the deceased as 46 years and rightly deducted 1/3^rd towards personal and living expenses of the deceased. The Tribunal has also rightly added Rs.40,000/- each towards consortium. The claimants will be entitled for 10% enhancement in terms of judgment of the Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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LIMITED VS. PRANAY SETHI & OTHERS¹ . Thus, the income

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of the deceased is re-assessed as follows:

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Rs.29,749 X 12 = 3,56,988 + 50% of pension = 99,005/-.

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Total = Rs.4,55,993/-.

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Less income tax and professional tax of Rs.12,699/-. Total income after Tax = Rs.4,43,294/-. Add 30% future prospects i.e., Rs.5,76,282/1/3^rd deduction i.e., Rs.192094/- = 3,84,188/Applicable multiplier is 13. i.e.,

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Rs.3,84,188/- X 13 = Rs.49,94,444/-

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In terms of the decision of the Hon’ble Apex

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Court in MAGMA GENERAL INSURANCE COMPANY

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LIMITED VS. NANU RAM & OTHERS² , the claimants would

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be entitled for consortium at Rs.40,000/- and 10% of enhancement. The Tribunal also failed to award 10% enhanced compensation on the head of loss of estate and funeral expenses, which the claimants would be entitled. Hence, the claimants would be entitled to modified compensation under the following heads:

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1 AIR 2017 SC 5157

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2 2018 ACJ 2782

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NC: 2026:KHC:14447-DB MFA No. 7277 of 2023 C/W MFA No. 6671 of 2023 MFA No. 6694 of 2023 AND 4 OTHERS

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HC-KAR

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Sl.No.	PARTICULARS	AMOUNT
1.	Loss of dependency Rs.	49,94,444/-
2.	Loss of consortium (Rs.44,000 each) Rs.	1,32,000/-
3.	Loss of estate Rs.	16,500/-
4.	Funeral expenses Rs.	16,500/-
	TOTAL Rs.	51,59,444/-

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Thus, the claimant would be entitled to a total compensation of Rs.51,59,444/- as against Rs.41,45,004/awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization.

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Thus, MFA.No.7335/2023 is partly allowed in the above terms.

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In MFA.No.7277/2023, the claimant is in appeal

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not being satisfied with the quantum of compensation, prayed for enhancement of compensation.

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The appellant/injured was aged 16 years as of the date of accident. The claimants have examined PW2Doctor, who has stated that the claimant has suffered 20% disability to a particular limb and the Tribunal has rightly taken it to 1/3^rd and assessed the whole body disability at 8%, which needs no interference. It is stated

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that the claimant was in-patient for 9 days and the Tribunal has rightly awarded Rs.14,000/for transportation, nourishment, conveyance and attendant charges and Rs.10,000/towards future medical expenses.

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Learned counsel for the appellant would invite attention of this Court to discharge summary at Ex.P15 and submits that the claimant had suffered fracture of both the legs. Hence, he submits that the compensation awarded towards the head pain and sufferings and on the loss of amenities is on the lower side.

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We have perused Ex.P15 and taking note of the treatment taken as in-patient, we deem it appropriate to enhance the compensation awarded on the head of pain and sufferings by another Rs.20,000/- and on the head of loss of amenities also by another Rs.20,000/-. Thus, the claimant would be entitled for the modified compensation as follows:

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HC-KAR

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Sl.No.	PARTICULARS	AMOUNT
1.	Pain and Sufferings	Rs. 80,000/-
2.	Medical expenses	Rs. 66,184/-
3.	Transportation, Nourishment, Conveyance and attendant charges	Rs. 14,000/-
4.	Towards loss of income on account of permanent disability	Rs. 1,72,800/-
5.	Towards future medical expenses	Rs. 10,000/-
6.	Towards loss of amenities of life	Rs. 50,000/-
	TOTAL	Rs. 3,92,984/-

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Thus, the claimant would be entitled to a total

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compensation of Rs.3,92,984/- as against Rs.3,52,984/awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization. Thus, MFA.No.7277/2023 is allowed in part.

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In MFA.No.7336/2023, the claimant is in appeal

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not being satisfied with the quantum of compensation. The claimant has examined PW2-Doctor, who has deposed that the claimant has suffered 35% cognitive disability. However, the Tribunal taking note of the fact that the claimant has been provided with compensatory ground appointment and taking note of the injuries sustained, was rightly of the opinion that there is no loss of future

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HC-KAR

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earning capacity on account of permanent disability. The

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Tribunal has rightly awarded compensation on various heads. On going through the entire material on record including the medical records, we are not inclined to interfere with the judgment and award passed by the Tribunal. Accordingly, MFA.No.7336/2023 stands

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dismissed.

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Accordingly, we pass the following:

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ORDER

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a) MFA.No.7277/2023 & MFA.No.7335/2023 are partly allowed.

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b) In MFA.No.7335/2023, the impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to total compensation of Rs.51,59,444/- as against Rs.41,45,004/awarded by the Tribunal.

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c) In MFA.No.7227/2023, the impugned judgment and award of the Tribunal is modified holding that the claimants would

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HC-KAR

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be entitled to total compensation of Rs.3,92,984/- as against Rs.3,52,984/awarded by the Tribunal.

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d) In MFA.No.7227/2023 and MFA.No.7335/2023, the entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization.

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e) The respondent-Insurance Company shall deposit the entire compensation amount with accrued interest before the Tribunal within four weeks from the date of receipt of certified copy of this judgment.

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