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MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3791/2017(MV-DM)
C/W MISCELLANEOUS FIRST APPEAL NO. 3782/2017(MV-D), MISCELLANEOUS FIRST APPEAL NO. 3786/2017(MV-D), MISCELLANEOUS FIRST APPEAL NO. 3790/2017(MV-I), MISCELLANEOUS FIRST APPEAL NO. 3792/2017(MV-D), MISCELLANEOUS FIRST APPEAL NO. 4590/2017(MV-D), MISCELLANEOUS FIRST APPEAL NO. 4591/2017(MV-D), &
MISCELLANEOUS FIRST APPEAL NO. 4592/2017 (MV-D)
IN MFA No. 3791/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD., 74/A, PARAMATHI ROAD NAMAKKAL, NAMAKKAL DISTRICT, TAMILNADU STATE, Digitally signed by PADMASHREE THROUGH ITS BENGALURU REGIONAL OFFICE, SHEKHAR DE SAI NO.144, SHUBHARAM COMPLEX, Location: High M.G.ROAD, BANGALORE-560-001, Court Of Karnatka REPRESENTED BY ITS ASSISTANT MANAGER.
…APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
AND:
1. ISMAYIL SHAFI SHALIMAR, S/O LATE IBRAHIM, AGED ABOUT 58 YEARS, R/O PERNE HOUSE, PERNE VILLAGE AND POST, MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 BANTWAL TALUK, D.K-575 018, PRESENTLY RESIDING AT SOUZA COMPOUND, BEHIND CAPITANIO SCHOOL PUMPWELL MANGALURU TALUK.
2. N. LAXMI, AGED ABOUT 53 YEARS, W/O P. NALLUSWAMY, PROPRIETOR OF M/S PANDYAN ROADWAYS, NO.6/1168/A, PARMATHI ROAD, NAMAKAL TOWN, NAMAKAL TALUK AND DISTRICT, TAMILNADU-573 001.
…RESPONDENTS (R1 AND R2 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.1013/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K., AWARDING COMPENSATION OF Rs.3,58,000/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 3782/2017:
BETWEEN:
THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., FIRST FLOOR, BHARATH BUILDING, K.S. RAO ROAD, MANGALURU, THROUGH ITS BENGALURU REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001, REPRESENTED BY ITS ASSISTANT MANAGER.
...APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 AND:
1. MUMTAZ P, D/O LATE MOHAMED P, AGED ABOUT 20 YEARS, 2. ABDUL SALEEM, S/O LATE MOHAMED P, AGED ABOUT 18 YEARS, 3. MUFEEDA, D/O LATE MOHOAMED P, AGED ABOUT 17 YEARS MINOR
4. MUNEERA D/O LATE MOHAMED P, AGED ABOUT 15 YEARS, MINOR, 5. AYISHATHUL MUBEENA, D/O LATE MOHAMED P, AGED ABOUT 11 YEARS, MINOR, THE RESPONDENTS NO.3,4 AND 5 ARE MINORS, REPRESENTED BY THEIR PATERNAL UNCLE MR.UMMER SHAFI, S/O LATE IBRAHIM SHALIMAR, R/O SHALIMAR HOUSE, PERNE VILLAGE & POST, BANTWAL TALUK D.K.
PRESENTLY R/AT ZAMZAM MANZIL, JEPPU BAPPAL, JEPPU, MANGALURU TALUK.
66. N LAXMI, AGED ABOUT 53 YEARS, W/O P NALLUSWAMY, PROPRIETOR OF M/S. PANDYAN ROADWAYS, NO.6/1168/A MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 PARMATHI ROAD NAMAKAL TOWN, NAMAKAL TALUK AND DIST TAMILNADU.
...RESPONDENTS (R6 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.1651/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K., AWARDING COMPENSATION OF Rs.10,86,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 3786/2017:
BETWEEN:
NATIONAL INSURANCE CO.LTD., 74/A,PARAMATHI ROAD NAMAKKAL, NAMAKKAL DISTRICT, TAMILNADU STATE, THROUGH ITS BENGALURU REGIONAL OFFICE, NO.144,SHUBHARAM COMPLEX, M.G.ROAD,BANGALORE-560 001, REPRSENTED BY ITS ASSITANT MANAGER.
...APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
AND:
1. MR. SUNDER RAI, S/O LATE P ARAI RAI, AGED ABOUT 57 YEARS, 2. SHASHIKALA, D/O MR SUNDER RAI, AGED ABOUT 31 YEARS, MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017
3. DHANALAXMI, D/O MR SUNDER RAI, AGED ABOUT 29 YEARS, R/O PERNE HOUSE, PERNE VILLAGE & POST BANTWAL TALUK D.K -575 018, NOW R/AT GANAESH KRUPA, ADYAR MANGALORE TALUK
4. N LAXMI, AGED ABOUT 53 YEARS, W/O P NALLUSWAMY, PROPRIETOR OF M/S PANDYAN ROADWAYS, NO.6/1168/A, PARMATHI ROAD NAMAKAL TOWN, NAMAKAL TALUK AND DISTRICT, TAMIL NADU-637 001 ...RESPONDENTS (BY SRI. GURUPRASAD B.R, ADVOCATE FOR R1 TO R3, R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.1367/2013 ON THE FILE OF THE M.A.C.T AND I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU.D.K., AWARDING COMPENSATION OF RS.6,06,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION.
IN MFA NO. 3790/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD., 74/A PARAMATHI ROAD NAMAKKAL, NAMAKKAL DISTRICT, TAMILNADU STATE THROUGH ITS BENGALURU REGIONAL OFFICE, NO 144, SUBHARAM COMPLEX, M G ROAD, BANGALORE – 560 001, MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 REPRESENTED BY ITS ASSISTANT MANAGER.
...APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
AND:
1. SMT SAFIYA, W/O ABOOBAKKER, AGED ABOUT 37 YEARS, R/O DOOR NO 1-20 PERNE POST &
VILLAGE BANTWAL TALUK, PRESENTLY R/O M R BHAT LANE, 2ND BRIDGE JEPPU, MANGALURU TALUK.
2. N LAXMI, AGED ABOUT 53 YEARS W/O P NALLUSWAMY, PROPRIETOR OF M/S PANDYAN NO 6/1168/A PARAMATHI ROAD, NAMAKAL TOWN, NAMAKAL TALUK, AND DISTRICT TAMILNADU – 637 001 ...RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.1132/2014 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AND I ADDL. SR. CIVIL JUDGE, MANGALURU, D.K, AWARDING COMPENSATION OF RS.64,005/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION.
IN MFA NO. 3792/2017 BETWEEN:
THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., IST FLOOR, BHARATH BUILDING, K.S.RAO ROAD, MANGALURU, MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 THROUGH ITS BENGALURU REGIONAL OFFICE, NO 144 SHUBARAM COMPLEX, M G ROAD BANGALORE – 560 001, REPRESENTED BY ITS ASSISTANT MANAGER.
...APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
AND:
1. MRS AISAMMA, D/O LATE IBRAHIM, AGED ABOUT 57 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE BANTWAL TALUK PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK
2. MRS ZAINABI, D/O LATE IBRAHIM, AGED ABOUT 56 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE, BANTWAL TALUK, PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK -575 001.
3. MRS THAJIBI, D/O LATE IBRAHIM, AGED ABOUT 55 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE, BANTWAL TALUK, PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK -575 001.
MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017
4. MR G ABBAS, S/O LATE IBRAHIM, AGED ABOUT 54 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE, BANTWAL TALUK, PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK -575 001.
5. MRS SARAMMA, D/O LATE IBRAHIM, AGED ABOUT 52 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE, BANTWAL TALUK, PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK -575 001.
6. MRS AVVAMMA, D/O LATE IBRAHIM, AGED ABOUT 52 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE, BANTWAL TALUK, PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK -575 001.
77. MR ABOOBAKKER, S/O LATE IBRAHIM, AGED ABOUT 41 YEARS, R/O GUDDEMANE, PERNE POST AND VILALGE, BANTWAL TALUK, PRESENTLY R/O D’SOUZA COMPOUND, PADEEL, MANGALURU TALUK -575 001.
MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017
88. N. LAXMI W/O P.NALLUSWAMY, MAJOR IN AGE, PROPRIETOR OF M/S. PANDYAN ROADWAYS, C/1168/A, PARAMATHI ROAD, NAMAKKAL TOWN, TALUK & DISTRICT, TAMILNADU STATE – 637 001.
...RESPONDENTS (BY SRI. GURUPRASAD .B.R, ADVOCATE FOR R1 TO R7)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.910/2014 ON THE FILE OF THE M.A.C.T. AND I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., AWARDING COMPENSATION OF RS. 5,40,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION.
IN MFA NO. 4590/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD., 74/A PARAMATHY ROAD NAMAKKAL, NAMAKKAL DISTRICT, TAMILNADU-637 001, REPRESENTED BY THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., 2ND FLOOR, BHARATH BUILDING, P.M.ROAD, MANGALURU, THROUGH ITS BENGALURU REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001, REPRESENTED BY ITS ASSISTANT MANAGER.
...APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 AND:
1. NARAYANA NAIK, S/O LATE B S GOVINDA NAIK, AGED ABOUT 49 YEARS, R/O PERNE HOUSE, PERNE VILLAGE AND POST, BANTWAL TALUK, D.K.
2. BABY CHITRA @ CHITRAKSHI, D/ ONARAYAN NAIK, AGED ABOUT 17 YEARS, R/O PERNE HOUSE, PERNE VILLAGE AND POST BANTWAL TALUK, D.K.
MINOR REPRESENTED BY THEIR NEXT FRIEND NATURAL GUARDIAN FATHER THE RESPONDENT NO.1
3. BABY CHAITRA, D/O NARAYAN NAIK, AGED ABOUT 13 YEARS, R/O PERNE HOUSE, PERNE VILLAGE AND POST BANTWAL TALUK, D.K.
MINOR REPRESENTED BY THEIR NEXT FRIEND NATURAL GUARDIAN FATHER THE RESPONDENT NO.1.
4. N LAXMI, AGED ABOUT 54 YEARS, W/O P NALLUSWAMY, R/O RCC, M 206-261, S G MUTT ROAD, CHAMARAJPET, BENGALURU-560 018.
...RESPONDENTS (BY SRI. G RAVISHANKAR SHASTRY., ADVOCATE)
MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.12.2016 PASSED IN MVC NO.1153/2013 ON THE FILE OF THE M.A.C.T AND I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., AWARDING COMPENSATION OF RS. 8,50,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION.
IN MFA NO. 4591/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD., 74/A, PARAMATHI ROAD NAMAKKAL, NAMAKKAL DISTIRCT, TAMILNADU STATE, THROUGH ITS BENGALURU REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, M.G.ROAD BANGALORE-560 001 REPRESENTED BY ITS ASSISTANT MANAGER ...APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
AND:
1. SHANKAR RAI S/O ARAI RAI, AGED ABOUT 51 YEARS, R/O NO.1-18. PERNE VILLAGE, VIA UPPINANGADY BANTWALA TALUK.
2. SHRAVYA RAI P, AGED ABOUT 18 YEARS, R/O NO.1-18. PERNE PERNE VILLAGE, VIA UPPINANGADY BANTWALA TALUK.
3. P SHAKSHA RAI, W/O SUNDARA MOOLYA, AGED ABOUT 15 YEARS, R/O NO.1-18, PERNE PERNE VILLAGE, MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 VIA UPPINANGADY BANTWALA TALUK MINOR, REPRESENTED BY THE FATHER AND NATURAL GUARDIAN THE RESPONDENT NO.1.
4. N LAXMI, AGED ABOUT 54 YEARS, W/O P NALLUSWAMY, PROPRIETOR OF M/S PANDYAN ROAD LINES, NO.6/1168/A, PARMATHI ROAD NAMAKKAL, NAMAKKAL TALUK AND DISTRICT, TAMILNADU-637 001.
...RESPONDENTS (BY SRI. JEEVAN K., ADVOCATE FOR R1 & R3, R2 AND R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.1175/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K., AWARDING COMPENSATION OF Rs.8,14,000/- WITH INTEREST @ 6% PF.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 4592/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD., 74/A, PARAMATHI ROAD NAMAKKAL, NAMAKKAL DISTRICT TAMILNADU STATE THROUGH ITS BENGALURU REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001 REPRESENTED BY ITS ASSISTANT MANAGER ...APPELLANT MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017 (BY SRI. S V HEGDE MULKHAND., ADVOCATE)
AND:
1. SMT. VIJAYA, W/O LATE VASANTHA, AGED ABOUT 27 YEARS, R/O NO.3-53, PALLATHIL HOUSE, SOORIKUMERU POST, MANI VILLAGE BANTWAL TALUK, NOW R/O HOSAMANE HOUSE, BONDANTHILA VILLAGE, MANGALURU TALUK-575 001.
2. SUNDARA MOOLYA, S/O BABU MOOLYA, AGED ABOUT 62 YEARS, R/O NO.3-53, PALLATHIL HOUSE, SOORIKUMERU POST, MANI VILLAGE BANTWAL TALUK NOW R/O HOSAMANE HOUSE, BONDANTHILA VILLAGE, MANGALURU TALUK-575,001.
3. SMT LALITHA, W/O SUNDARA MOOLYA, AGED ABOUT 52 YEARS, R/O NO.3-53, PALLATHIL HOUSE, SOORIKUMERU POST, MANI VILLAGE BANTWAL TALUK, NOW R/O HOSAMANE HOUSE, BONDANTHILA VILLAGE, MANGALURU TALUK-575,001.
MFA No. 3786 of 2017, MFA No. 3790 of 2017, HC-KAR MFA No. 3792 of 2017, MFA No. 4590 of 2017, MFA No. 4591 of 2017 & MFA No. 4592 of 2017
4. N LAXMI, AGED ABOUT 52 YEARS, W/O P NALLUSWAMY, PROPRIETOR OF M/S PANDIAN ROAD LINES, NO.6/1168/A, PARMATHY ROAD, NAMAKAL TOWN, NAMAKKAL TALUK AND DISTRICT, TAMILNADU-637 001.
...RESPONDENTS (BY SRI. R4-N LAXMI-SD., ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2016 PASSED IN MVC NO.1420/2015 ON THE FILE OF THE M.A.C.T AND I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU.D.K., AWARDING COMPENSATION OF RS. 13,67,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THESE APPEALS HAVING BEEN HEARD AND RESERVED ON 26.09.2025 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
CAV JUDGMENT
These appeals are filed by the insurance company against the common award dated 30.12.2016 passed by the I Additional Senior Civil Judge, Motor Accidents Claims Tribunal, Mangaluru, D.K., in MVC Nos.1013 of 2014, 1651 of 2013, 1367 of 2013, 1132 of 2014, 910 of 2014, 1153 of 2013, 1175 of 2013 and 1420 of 2015 respectively.
2. The Tribunal considered the entire evidence on record and granted compensation, in all cases, and held that respondent Nos.1 and 2 therein, are jointly and severally liable to pay the compensation amount with interest. The Tribunal, in all cases, directed respondent No.2 therein, to deposit the amount within 60 days from the date of the said award.
3. Aggrieved by the said award, the Insurance company has preferred these appeals. The learned counsel for appellant-insurance company contended that the petitioners received amount from the Government of Karnataka contributed by Hindustan Petroleum Corporation Ltd. (HPCL) and disbursed through Deputy Commissioner as ex-gratia compensation for the shop damage/accidents due to the fire accident arising out of the use of the LPG tankers bearing No.KA-01-AC-6600. It is contended that the Tribunal ought to have deducted the aforesaid ex gratia amount from the compensation amount determined by the Tribunal in view of the principles laid down by the Hon’ble Supreme Court in case of Helen C Rebello [Mrs] and Others Vs. MSRTC and Others reported in 1991[1] SCC 90 and Bhakhra Beas Management Board Vs. Kanta Aggarwal [Smt.] and Others reported in 2008[11] SCC 366. But the tribunal erred in not deducting the ex gratia paid by the HPCL disbursed through District Collector and erred in fastening the liability on the appellant-insurance company to pay the compensation.
4. It is further contended by the learned counsel for the appellant that the petitioner-claimant should not gain twice from two sources and the principles of loss and gain has to be on the same plane within the same sphere and whatever pecuniary advantage is received by the claimant from whatever source would only mean which comes to the claimant on account of accidental death and not from other forms of death. It is contended that the petitioners, as the case may be, already received for damages to the shop/accidents, but it was not deducted. Though the appellant-insurance company filed an application to summon the officials of HPCL, the said application was dismissed. Thus, requested this Court to set aside the order.
5. M.F.A. No.3791 of 2017 is filed against the award passed in MVC No.1013 of 2014 mainly contending that the petitioners have not produced the khatha extracts, tax paid receipts from the competent authority, building sanction documents of title pertaining to the shop premises to show that it was damaged in the fire accident. Considering the case of the owner that his shop damaged in the fire accident, the Tribunal granted Rs.3,57,000/- towards damages and Rs.1,000/- for conveyance charges, totaling the compensation of Rs.3,58,000/- and it is illegal.
6. M.F.A. No.3782 of 2017 is filed against the award of the Tribunal in MVC No.1651 of 2013, in which it is contended that the petitioners received Rs.3,60,000/- from Government of Karnataka towards ex gratia. But, tribunal did not deduct this amount and also erroneously granted Rs.5,00,000/- under the head loss of love and affection and it is excessive and not sustainable, and the total compensation of Rs.10,86,000/- awarded by the Tribunal is illegal and arbitrary.
7. M.F.A. No.3786 of 2017 is filed against the award of the Tribunal in MVC No.1367 of 2013, in which it is contended that the petitioners received the compensation of Rs.7,00,000/- from the Government of Karnataka towards ex gratia and the said amount is not deducted by the Tribunal and thus, the compensation of Rs.6,06,000/- awarded by the Tribunal is illegal, arbitrary and not sustainable.
8. M.F.A. No.3790 of 2017 is filed against the award of the Tribunal in MVC No.1132 of
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