- 1 - NC: 2025:KHC:9990-DB MFA No.4957/2019 C/W MFA No.4958/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO.4957/2019 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.4958/2019 (MV-D) IN MFA NO.4957/2019 BETWEEN: THE MANAGER SBI GEN. INSURANCE CO. LTD., NO.3/1, RUKMINI TOWERS PLATFORM ROAD DIAGONALLY OPP. TO MANTRIMALL SHESHADRIPURAM BANGALORE – 20 …APPELLANT (BY SRI. A N KRISHNA SWAMY, ADVOCATE) AND: 1. SMT. MAMATHA. G W/O. LATE B.VENKATARAMA @ VENKATARAVANAPPA. B AGED ABOUT 22 YEARS 2. MASTER AKIL B. V. S/O. LATE B. VENKATARAMA @ VENKATARAVANAPPA. B, AGED ABOUT 4 YEARS 3. BABY REKHA. B. V. D/O. LATE B. VENKATARAMA @ VENKATARAVANAPPA. B, AGED ABOUT 3 YEARS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9990-DB MFA No.4957/2019 C/W MFA No.4958/2019 R2 AND R3 ARE MINORS REP. BY MOTHER/NATURAL GUARDIAN SMT. MAMATHA. G 4. SMT. SARASAMMA W/O. BAYYAPPA ALIAS BYAYAPPA, AGED ABOUT 47 YEARS, 5. SRI. BAYYAPPA @ BYAYAPPA S/O. LATE MUNISWAMY, AGED ABOUT 51 YEARS, ALL ARE RESIDING AT BEVAHALLI (DODDABEVAHALLI) VILLAGE, PADMAGHATTA POST, MULABAGAL TALUK, KOLAR DISTRICT. 6. SRI. SANTHOSH KUMAR S/O. VENKATARAMANA, AGED ABOUT 26 YEARS, R/AT NO.427, GROUND FLOOR, 9TH CROSS, GANDHIPURAM, WHITEFIELD POST, BENGALURU - 560 056 … RESPONDENTS (BY SMT.SUSHMITHA G, ADVOCATE FOR SRI.GOPAL KRISHNA N, ADVOCATE FOR R1, R2 R3, R4 & R5; R2 & R3 ARE MINORS REPRESENTED BY R1; APPEAL AGAINST R6 STANDS DISMISSED V/O DTD:31.01.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED.22.04.2019 PASSED IN MVC NO.7477/2017 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE AND MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.25,64,800/- WITH INTEREST AT 7.5 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 4958/2019 BETWEEN: THE MANAGER SBI GEN. INSURANCE CO. LTD., NO.3/1, RUKMINI TOWERS, - 3 - NC: 2025:KHC:9990-DB MFA No.4957/2019 C/W MFA No.4958/2019 PLATFORM ROAD, DIAGONALLY OPP. TO MANTRIMALL, SHESHADRIPURAM, BANGALORE - 20. … APPELLANT (BY SRI. A N KRISHNA SWAMY, ADVOCATE) AND: 1. SMT.LAKSHMAMMA W/O. SHENDI MUNISHAMY ALIAS MUNISHAMY AGED ABOUT 62 YEARS 2. SRI. SHENDI MUNISHAMY ALIAS MUNISHWAMY S/O. LATE NARAYANAPPA AGED ABOUT 67 YEARS, BOTH ARE RESIDING AT:BEVAHALLI (DODDABEVAHALLI) VILLAGE, PADMAGHATTA POST, MULABAGAL TALUK, KOLAR DISTRICT. 3. SRI. SANTHOSH KUMAR S/O. VENKATARAMANA, AGED ABOUT 26 YEARS, R/AT NO.427, GROUND FLOOR, 9TH CROSS, GANDHIPURAM, WHITEFIELD POST, BENGALURU - 560 056 … RESPONDENTS (BY SRI. GOPAL KRISHNA N.,ADVOCATE FOR R1 & 2; NOTICE TO R3 IS DISPENSED WITH V/O/DATED 10.03.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.04.2019 PASSED IN MVC NO.7485/2017 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.15,08,400/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. - 4 - NC: 2025:KHC:9990-DB MFA No.4957/2019 C/W MFA No.4958/2019 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) These two appeals arise out of the common judgment in MVC Nos.7477 & 7485 of 2017 passed by the XIX Additional SCJ & MACT, Bengaluru. 2. The claimants in both the cases sought compensation due to death of Venkatarama and B.M Srinivasa. On 19.06.2017 at about 9:15 p.m when Venkatarama and B.M Srinivasa were traveling on motorcycle bearing registration No.KA-07-X-8902, Car bearing registration No.KA-53-C-4525 hit the said motorcycle and caused the death of Venkatarama and B.M Srinivasa. 3. The appellant was the insurer of Car bearing registration No.KA-53-C-4525. Claim petition Nos.7477 & 7485 of 2017 were filed before the Tribunal seeking compensation for death of Venkatarama and B.M Srinivasa. Those two petitions were consolidated with MVC No.7483/2017. The Tribunal on recording the evidence and hearing the parties by the - 5 - NC: 2025:KHC:9990-DB MFA No.4957/2019 C/W MFA No.4958/2019 impugned award has granted compensation of Rs.25,64,800/- and Rs.15,08,400/- in MVC Nos.7477 & 7485 of 2017 respectively. The said awards are challenged in the above appeals. 4. When the matter is taken up for hearing, Sri A.N Krishna Swamy, learned Counsel for appellant submits that the appellant restricts the challenge in the appeal only to the rate of interest as other contention taken by the insurer regarding valid licence is covered by the judgment of the Hon’ble Supreme Court in Bajaj Alliance General Insurance Company Ltd Vs. Rambha Devi and others1. 5. The impugned judgment shows that no reasons are assigned for awarding interest at 7.5% per annum on compensation awarded. Learned Counsel for respondents – claimants also concedes to the said position. Under the circumstances, appeals deserve to be allowed partly by reducing rate of interest applying Section 34 of CPC. Hence the following: 1 (2023) 4 SCC 723 - 6 - NC: 2025:KHC:9990-DB MFA No.4957/2019 C/W MFA No.4958/2019 ORDER Appeals are partly allowed. Impugned award in MVC Nos.7477 & 7485 of 2017 are modified reducing rate of interest from 7.5% per annum to 6% per annum from the date of petition till realization. The appeals stood disposed of accordingly. Amount in deposit and TCRs shall be transmitted to the Tribunal forthwith. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (K. V. ARAVIND) JUDGE PKN List No.: 1 Sl No.: 31