- 1 - HC-KAR NC: 2025:KHC:37867 MFA No. 6655 of 2019 C/W MFA No. 1936 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6655 OF 2019 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1936 OF 2020 (MV-D) IN MFA No. 6655/2019 BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LTD REGIONAL OFFICE, 2ND FLOOR, 11TH MAIN, III, S.M.TOWRS JAYANAGAR EAST, JAYANAGAR BENGALURU – 560 011 NOW REP. BY ITS MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., NO 28, CENTENARY BUILDING EAST WING, 5TH FLOOR, M.G.ROAD, BENGALURU – 560 001 …APPELLANT (BY SRI.ASHOK N. PATIL, ADVOCATE) AND: 1. SMT.VEENA K.R., D/O LATE BABU PRASAD H.M., NOW AGED ABOUT 30 YEARS 2. MASTER PRAJWAL GOWDA S/O LATE BABU PRASAD H.M., NOW AGED ABOUT 10 YEARS 3. AMRUTHA H.B., D/O LATE BABU PRASAD H.M., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37867 MFA No. 6655 of 2019 C/W MFA No. 1936 of 2020 NOW AGED ABOUT 14 YEARS 4. SMT. RENUKHA W/O LATE MALLESHA AGED ABOUT 61 YEARS ALL ARE SAME ADDRESS HALEKOTE R/AT HALEKOTE HOBLI, MAVINAKAERE HASSAN DISTRICT PETITIONERS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT.VEENA K.R., 5. MR.RANGANATH R., S/O R.T.GOWDA M.H.HALLI POST, SHANTHIGRAM HOBLI, HASSAN – 573 201 …RESPONDENTS (BY SRI.SATHISHA T., ADVOCATE FOR R1 TO R4 R2 & R3 ARE MINORS- REP. BY R1 R5- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.05.2019 PASSED IN MVC NO.5582/2018 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-14), AWARDING COMPENSATION OF RS.32,96,000/- WITH INTEREST AT 7% P.A. FROM THE DATE OF THIS PETITION TILL ITS REALIZATION. IN MFA NO. 1936/2020 BETWEEN: 1. SMT.VEENA K.R W/O LATE BABU PRASAD H.M., AGED ABOUT 30 YEARS, 2. MASTER PRAJWAL GOWDA - 3 - HC-KAR NC: 2025:KHC:37867 MFA No. 6655 of 2019 C/W MFA No. 1936 of 2020 S/O LATE BABU PRASAD H.M., AGED ABOUT 10 YEARS, 3. AMRUTHA H.B., D/O LATE BABU PRASAD H.M., AGED ABOUT 14 YEARS, APPELLANT NO.2 & 3 ARE BEING MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER SMT. VEENA K.R., 4. SMT. RENUKA W/O LATE MALLESHA, AGED ABOUT 61 YEARS, ALL ARE R/O HANUMANAHALLI, HALEKOTE HOBLI, MAVINAKERE HOLENARASIPURA TALUK HASSAN DISTRICT - 573 201 ...APPELLANTS (BY SRI.SATHISHA T., ,ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LTD., THE MANAGER REGIONAL OFFICE, 2ND FLOOR, 11TH MAIN, III, S.M.TOWERS, JAYANAGAR EAST, JAYANAGARA BENGALURU - 560 011 2. MR.RANGANATH R., S/O R.T.GOWDA BANAVASE V., M.H.HALLI POST SHANTHI GRAMA HOBLI HASSAN - 573 201 ...RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R1 V/O/D 27/03/2024- NOTICE TO R2 DISPENSED WITH) - 4 - HC-KAR NC: 2025:KHC:37867 MFA No. 6655 of 2019 C/W MFA No. 1936 of 2020 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.05.2019 PASSED IN MVC NO.5582/2018 ON THE FILE OF MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), THE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5582/5018 dated 03.05.2019 by the XVI Additional Judge & MACT, Court of Small Causes, Bengaluru, both the Insurance Company as well as the claimants are before this Court. The Insurance Company's appeal is MFA.No.6655/2019 and the claimants' appeal is MFA.No.1936/2020. 2. The claim petition was filed seeking compensation of an amount of Rs.75,00,000/- for the death of the deceased in a road traffic accident. The facts of the case are that on 18.06.2018 at about 7:30 p.m., the deceased was driving his car in Hassan-Mysuru road and when he reached near Halekote near Manjegowda breaks factory, at that time, one lorry came from Hassan and the driver of the lorry drove the same in a - 5 - HC-KAR NC: 2025:KHC:37867 MFA No. 6655 of 2019 C/W MFA No. 1936 of 2020 rash and negligent manner with high speed and dashed against the car of the deceased and sustained grievous injuries. 3. The claimants had filed I.A.No.1/2022 seeking permission to produce the additional documents to prove the income of the deceased and placed bank account statements of the deceased before this Court stating that his income is an amount of Rs.1,00,000/- per month, but the Tribunal had considered the notional income. 4. The Insurance Company is before this Court questioning the negligence as well as the quantum and the interest. The interest that is awarded by the Tribunal is 7% p.a. and the same needs to be reduced to 6% p.a. Then coming to I.A.No.1/2022 that is filed before this Court, it cannot be decided by this Court and in those circumstances, the matter has to be remanded back to the Tribunal. 5. Accordingly, both the appeals are allowed and the award passed in MVC.No.5582/5018 dated 03.05.2019 by the XVI Additional Judge & MACT, Court of Small Causes, Bengaluru, is set aside and the matter is remanded back to the Tribunal. - 6 - HC-KAR NC: 2025:KHC:37867 MFA No. 6655 of 2019 C/W MFA No. 1936 of 2020 i. Without further notice, the parties shall appear before the Tribunal on 13.10.2025. ii. All the issues are kept open and the parties are at liberty to adduce the evidence. iii. The Tribunal shall dispose of the matter within six months from 13.10.2025. iv. The amount in deposit shall be forthwith transmitted to the Tribunal and shall be kept in a fixed deposit. v. The Registry is directed to return the Trial Court Records to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. vi. No Costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 22