- 1 - HC-KAR NC: 2025:KHC-D:8322 MFA No. 103878 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103878 OF 2016 (MV-I) BETWEEN: THE MANAGER, NATIONAL INSURANCE CO. LTD., B.M.B. HOUSE, CANNAOUGHT PLACE, NEW DELHI-110 001, THROUGH ITS BRANCH OFFICE, AT RAMDEV GALLI, BELAGAVI, NOW REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, HUBBALLI. … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. SHRI PANDURANG S/O GANESH SHIRASAT, AGE: 66 YEARS, OCC: NIL, R/O: SHIVAJI GALLI, RAM-NAGAR, TQ: JOIDA, DIST: KARWAR. 2. MISS CHAYA D/O PANDURANG SHIRASAT, AGE: 26 YEARS, OCC: HOUSEHOLD WORK, R/O: SHIVAJI GALLI, RAM-NAGAR, TQ: JOIDA, DIST: KARWAR. … RESPONDENTS (BY SRI. ASHOK A. NAIK, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 16.07.2016 PASSED IN MVC NO. 1652/2015 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8322 MFA No. 103878 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant/Insurance Company, challenging the judgment and award dated 16.07.2016 passed in MVC No.1652/2015, on the file of the VIII Additional District and Sessions Judge, Belagavi (hereinafter referred to as ‘the Trial Court’ for brevity), questioning the quantum of compensation on the ground that it is excessive one. 2. The claim petition filed under Section 163-A of the M.V Act and Trial Court has awarded compensation of Rs.1,00,000/- with interest at the rate of 9% p.a. 3. The deceased died in the accident and the claim petition is filed under Section 163-A of the M.V Act. Hence, there is no need to make plea and prove rash and negligent aspect but involvement of motorcycle is proved. Although, as per conditions of policy, PA coverage is stipulated and otherwise, the claimant is entitled to compensation under the - 3 - HC-KAR NC: 2025:KHC-D:8322 MFA No. 103878 of 2016 personal accident coverage. Therefore, the quantum awarded by the Tribunal is found to be correct, which needs no interference. However, the rate of interest at 9% p.a., but this Court while awarding compensation has consistently held the rate of interest at 6% p.a. Hence, the rate of interest is scaled down to 6% p.a. To this extent, the appeal is liable to be allowed in part. Thus, the claimant is entitled to compensation of Rs.1,00,000/- with interest at the rate of 6% per annum from the date of petition till realization. 4. The amount in deposit shall be transmitted to the Tribunal. Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 17