- 1 - HC-KAR NC: 2025:KHC:41616-DB MFA No. 5675 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5675 OF 2022(MV-D) BETWEEN: 1. THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERE DIVISION, DAVANAGERE. 2. MANAGING DIRECTOR/CHAIRMAN INTERNAL SECURITY FUND, KSRTC, SARIGE BHAVANA, BENGALURU, BOTH REPT.HEREIN BY ITS CHIEF LAW OFFICER, BANGALORE. …APPELLANTS (BY SRI. F.S. DABALI, ADVOCATE) AND: 1. SRI. SURESH. M S/O. LATE K. MAHADEVAPPA, AGED ABOUT 53 YEARS, 2. LAVANYA. S D/O. SURESH. M, AGED ABOUT 26 YEARS, 3. DEEPIKA. S D/O. SURESH. M, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41616-DB MFA No. 5675 of 2022 AGED ABOUT 24 YEARS, 4. YASHAVANTH S/O. SURESH. M, AGED ABOUT 21 YEARS, ALL ARE R/O. AT MARADI VILLAGE, TANIGERE POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. PRESENT R/O OF C/O RAJASHRUNGARA G.E., S/O. ERANNA E. DOOR NO. 91/18, HONDA ROAD, DAVANAGERE. 5. HANUMANTHAPPA. C S/O. CHANDRAPPA. H, AGED ABOUT 40 YEARS, KSRTC, BUS DRIVER, R/O. BELAGATTA VILLAGE, VANIVILASAPURA POST, HIRIYURU TALUK, CHITRADURGA DISTRICT. 6. THE MANAGER IFFCO TOKIYO GENERAL INSURANCE CO. LTD., LAWYER ROAD, PLD BANK, DAVANAGERE. …RESPONDENTS (BY SRI. K PRASANNA SHETTY, ADVOCATE FOR R1 TO R4 VIDE ORDER DATED 26/09/2022 NOTICE TO R5 IS DISPENSED WITH R6-SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.31.03.2022 PASSED IN MVC NO.694/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-V, DAVANAGERE, AWARDING COMPENSATION OF RS.17,52,000/- WITH - 3 - HC-KAR NC: 2025:KHC:41616-DB MFA No. 5675 of 2022 INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Having heard Mr. F.S. Dabali, learned counsel for the appellants, who submits that except for the interest awarded by the learned Motor Accident Claims Tribunal (hereinafter referred as 'Tribunal'), he is not aggrieved by the award passed and instead of 9%, interest should be reduced to 6%. 2. The learned counsel for the respondents-claimants also do not dispute that there was no special circumstance to withdraw interest at the rate of 9%. 3. Considering the aforesaid facts, we uphold the award except the rate of interest and we reduce the rate of interest from 9% to 6% from the date of filing of the claim petition till the date of its realization. - 4 - HC-KAR NC: 2025:KHC:41616-DB MFA No. 5675 of 2022 4. The amount deposited before this Court while filing the appeal should be remitted to the learned Tribunal and disbursed. Any excess amount deposited by the appellants shall be refunded to it by the Tribunal. 5. Accordingly, the appeal is allowed-in-part. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 12