- 1 - HC-KAR NC: 2025:KHC:32687 MFA No. 3881 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3881/2019 (MV-D) BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., RAMASWAMY CIRCLE, MYSURU, NOW REP. BY ITS REGIONAL OFFICER, NO.144, SHUBHARAM COMPLEX, M.G.ROAD, BENGALURU 560001, REP. BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. A M VENKATESH., ADVOCATE) AND: 1. MANGALI BAI, W/O THEVARANAYAK, AGED ABOUT 53 YEARS, R/O OPP. POLICE STATION, AKKIHEBBALU VILLAGE, AKKIHEBBALU HOBLI, K.R.PET TALUK, MANDYA DISTRICT. 2. V. KANDASWAMY, S/O VEERAPPAGOWDER, NOW R/O NO.26, 2ND MAIN, K P N EXTENSION, BENGALURU 560 002, (OWNER OF LORRY BEARING REG. NO. KA 01/AE-5269) …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:32687 MFA No. 3881 of 2019 (V/O DTD:18.12.2023 NOTICE TO R1 & R2 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22/12/2018, PASSED IN MVC NO.46/2011, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., K.R.PET., AWARDING COMPENSATION OF RS.5,00,000/- WITH FUTURE INTEREST AT THE RATE OF 9 PER CENT P.A., FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION OF THE ENTIRE AMOUNT. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Notice was taken out to respondent Nos.1 and 2 through paper publication. In spite of service of notice, the respondents did not turn up. 2. This appeal is preferred by the appellant-insurance company against the judgment and award dated 22.12.2018 passed by the Senior Civil Judge and JMFC, K.R. Pet in MVC No.46/2011. The mother of deceased Ramanayaka, who was aged 9 years at the time of accident that occurred on 21.12.2009, filed an application before the Tribunal claiming compensation of Rs.8,60,000/-. The Tribunal, after considering the entire oral and document evidence on record, granted compensation of Rs.5,00,000/- with interest at the rate of 9% - 3 - HC-KAR NC: 2025:KHC:32687 MFA No. 3881 of 2019 per annum from the date of petition till the date of realisation. Aggrieved by the said order, the appellant-Insurance Company has preferred this appeal. 3. The learned counsel for the appellant-insurance company has mainly disputed the interest granted on compensation at the rate of 9% per annum and requested to alter the same to 6% per annum. This Court finds that it is just and reasonable to modify the grant of rate of interest from 9% per annum to 6% per annum from the date of petition till the date of deposit. 4. In the result, I pass the following order: (i) The appeal is allowed. (ii) The grant of rate of interest is modified to 6% per annum instead of 9% per annum. (ii) The appellant-insurance company is directed to deposit the entire compensation amount within one month from the date of this order. (iii) On such deposit, respondent No.1 is permitted to withdraw the entire amount along with interest accrued on it, from the date of petition till the date of deposit. - 4 - HC-KAR NC: 2025:KHC:32687 MFA No. 3881 of 2019 (iv) Statutory amount of Rs.25,000/- deposited herein is to be transferred to the Tribunal. (v) The appellant-insurance company has already deposited 50% of the award amount and therefore, they are directed to deposit the balance amount and the said amount deposited is to be transferred to the Tribunal. SD/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 60