- 1 - HC-KAR NC: 2025:KHC:35315 MFA No. 2181 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2181 OF 2018 (MV-I) BETWEEN: THE RELIANCE GENERAL INSURANCE COMPANY LTD. EAST WING, 5TH FLOOR, NO.28, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1. R. RANGANATHA @ RANGANATHAPPA S/O RANGAPPA, AGED ABOUT 42 YEARS, R/AT RAMAMANDIRA BEEDHI, CHELUR VILLAGE AND HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 101. 2. K.S. SANTHOSH, S/O SRINIVASAMURTHY, AGED ABOUT 41 YEARS, R/AT BALAJI MARKETING SERVICES, 2ND CROSS, A.P.M.C. YARD, BATAWADI, TUMAKURU CITY - 572 101. …RESPONDENTS (R1 SD V/O DATED 27.05.2024 NOTICE TO R2 H/S) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35315 MFA No. 2181 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.01.2018 PASSED IN MVC NO.1174/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, & MEMBER, ADDITIONAL MACT-17, GUBBI, AWARDING COMPENSATION OF RS.2,77,600/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant - Reliance General Insurance Company Ltd., to set aside the judgment and award dated 05.01.2018 passed in MVC No.1174/2015 by the Senior Civil Judge and Additional MACT-17, Gubbi (for short 'the Tribunal'). 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 3. Inspite of service of notice, respondents did not turned up, set exparte. Heard the learned counsel for the appellant and perused the materials on record. 4. Learned counsel for the appellant submitted that the injured - claimant filed claim application, claiming - 3 - HC-KAR NC: 2025:KHC:35315 MFA No. 2181 of 2018 compensation of Rs.10,00,000/- with cost and interest. The Tribunal considering the entire evidence on record granted Rs.2,77,600/- with interest at the rate of 9% per annum from the date of filing of the petition till the realization of the entire compensation amount. Aggrieved by the said order, Insurance Company preferred this appeal and they mainly contended that the driver of the vehicle was only having LMV - NT license and he has no license to drive Transport vehicle. They have examined RTO officer. The compensation awarded is on higher side and interest is also excessive. Therefore, requested for reduction of the amount. 5. The Tribunal has decided regarding the liability of the Insurance Company relying upon the citations referred in the case of 'Mukund Dewangan vs Oriental Ins.Co.Ltd.,' 1. As merely because, there was no transport endorsement, the Insurance Company cannot be exonerated from paying the compensation and thus, the Tribunal has rightly directed respondent No.2 to deposit the compensation and this Court finds no reason to interfere with the said finding. 1 2016 (4) SCC 298 - 4 - HC-KAR NC: 2025:KHC:35315 MFA No. 2181 of 2018 6. Learned counsel for the appellant contended that PW2 was examined. He opined that petitioner has sustained 30% disability to the left lower limb and 15% to the whole body (including facial disfigurement). Instead of taking 1/3rd in the disability as 10%, the Tribunal erred in taking 15%. Therefore, the said percentage of the disability is modified. Hence, loss of future income comes to Rs.1,34,400/- (Rs.8,000/- X12X14X10%=Rs.1,34,400/-). 7. Therefore, total compensation is reduced from Rs.2,77,600/- to Rs.2,10,400/- with interest at the rate of 6% per annum from the date of petition till the date of realization. 8. In view of the aforesaid, I pass the following:- ORDER (i) The appeal is partly allowed. . (ii) The judgment and award dated 05.01.2018 passed in MVC No.1174/2015 by the Senior Civil Judge and Additional MACT, Gubbi, is hereby modified. - 5 - HC-KAR NC: 2025:KHC:35315 MFA No. 2181 of 2018 (iii) The claimant is entitled for a total compensation of Rs.2,10,400/- as against the compensation of Rs.2,77,600/- awarded by the Tribunal, along with interest at 6% p.a. from the date of petition, till the date of realisation. (iv) Appellant - Insurance Company is directed to deposit the amount within one month from the date of this order. (v) On such deposit, petitioners are permitted to withdraw the entire amount along with the interest accrued. (vi) Statutory deposit, if any, made before this Court is directed to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE BH CT:VS List No.: 1 Sl No.: 29