- 1 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5305 OF 2021 (GM-CPC) BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LTD., COMPANY LIMITED NO.3, I FLOOR, NORTH WING, MANANDI PLAZA, ST MARTKS ROAD, BENGALURU - 560 001, ALSO AT M/S RELIANCE GENERAL INS. CO LTD., NO.28, 5TH FLOOR, CENTENARY BUILDING M G ROAD, BENGLAURU - 560001, NOW REPRESENTED BY MANAGER LEGAL. …PETITIONER (BY SRI ASHOK N PATIL, ADVOCATE) AND: G KRISHNA, S/O LATE GOPALAPPA, AGED ABOUT 36 YEARS, R/A GANAVARA VILLAGE, BUDIGERE POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …RESPONDENT (BY SRI JAGADISH G KUMBAR, ADVOCATE FOR SRI SREENIVASAIAH A.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.12.2019 PASSED IN EX.CASE NO.37/2019 VIDE ANNEXURE-F ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSION JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This Writ Petition under Article 227 of Constitution of India is filed by the Judgment Debtor with a prayer to set-aside the order dated 19.12.2019 passed in Execution case No.37/2019 by the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Respondent herein had filed MVC No.1875/2010 before the Court of Small Cause, Bangalore claiming compensation for the injuries sustained by him in a road traffic accident that had taken place on 06.11.2009. For want of jurisdiction, the Court had returned the petition in MVC No.1875/2010 for the purpose of presenting the same before the jurisdictional Court/Tribunal and thereafter the respondent had re-presented a claim petition before the Court of VIII Additional District and Sessions Judge, Bangalore Rural District, - 3 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 Bangalore and the claim petition was renumbered as MVC No.132/2014. The said claim petition was partly allowed on 17.07.2015 and the compensation awarded in MVC No.132/2014 was reduced by this Court in MFA No.8729/2015 filed by the petitioner / Insurance Company. 4. Execution Petition No.37/2019 was filed by the respondent -decree holder to execute the judgment and award passed in MVC No.132/2014. In the said proceeding vide order impugned, the executing Court has held that the claimant is entitled for interest in terms of the award passed in MVC No.132/2014 from 25.03.2010 namely the date on which the claim petition in MVC No.1875/2010 was filed by the claimant. 5. Aggrieved by the said order, the petitioner- Insurance Company is before this Court. 6. Learned counsel for the petitioner has reiterated the grounds urged in the Writ Petition and submits that the earlier claim petition was withdrawn by claimant and thereafter it was re-presented before the jurisdictional Court. Therefore, the date of filing of the petition would be the date on which the claim petition in MVC No.132/2014 was filed and not the date on - 4 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 which the claim petition in MVC No.1875/2010 was filed. He submits that in the judgment as well as in the award passed in MVC No.132/2014, it is specifically observed that the claimant is entitled for interest from the date of petition. This Court has also confirmed the said award in sofar as the interest portion is concerned. The executing Court cannot go beyond the award. Therefore, the executing Court has erred in holding that claimant is entitled for interest from 25.03.2010. 7. Per contra, learned counsel for the respondent submits that the Small Causes Court before which MVC No.1875/2010 was filed had returned the claim petition exercising its power under Order VII Rule 10 of Code of Civil Procedure and thereafter the claim petition was re-presented before the jurisdictional Court. Therefore, the date of petition has to be considered on which claim petition was filed before the Small Causes Court in MVC No.1875/2010. Accordingly, he prays to dismiss the petition. 8. It is not in dispute that respondent had filed claim petition in MVC No.1875/2010 before the Small Causes Court, Bangalore, claiming compensation for the injuries suffered by - 5 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 him in the road traffic accident that had occurred on 06.11.2009. Perusal of the order in MVC No.132/2014 would go to show that the Insurance Company after entering appearance had filed a detailed objection in MVC No.1875/2010 and thereafter the claim petition in MVC No.1875/2010 was returned to the claimant to enable him to present the same before the jurisdictional Court/Tribunal. It is under these circumstances, the claimant after taking back his claim petition in MVC No.1875/2010 had re-presented the same before the jurisdictional Court/Tribunal and his claim petition was thereafter numbered as MVC No.132/2014. 9. The claimant was awarded total compensation of Rs.15 lakhs in MVC No.132/2014 by the judgment and award dated 17.07.2015 and it was observed in the judgment as well as in the award passed in MVC No.132/2014 that the claimant would be entitled for interest @ 8% per annum from the date of petition till realisation from respondent No.2, who is the petitioner before this Court. The said judgment and award in so far as it relates to payment of interest remained unaltered. - 6 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 10. In MFA No.8729/2015, this Court has reduced the compensation amount from Rs.15 lakhs to Rs.9,75,000/- without altering the order of the Tribunal in so far as it relates to the payment of interest is concerned. 11. Since the petitioner-Insurance Company had failed to honour the award passed in MVC No.132/2014, claimant has initiated Execution proceeding in Execution case No.37/2019. The executing Court taking into consideration that originally claim petition was filed in MVC No.1875/2010 before the Court of Small Causes at Bangalore on 25.03.2010 and for want of jurisdiction, the claim petition was returned and thereafter the claim petition was re-presented by claimant before the jurisdictional Court and the same was renumbered as MVC No.132/2014 has rightly held that the Judgment Debtor / Insurance Company is liable to pay interest at the rate mentioned in the judgment and award passed in MVC No.132/2014 from 25.03.2010 on which date the original claim petition was filed by the claimant. 12. It is relevant to take note of the fact that the claim petition in MVC No.1875/2010 was returned by the Court of - 7 - HC-KAR NC: 2025:KHC:44356 WP No. 5305 of 2021 Small Causes to the claimant in exercise of its power under Order VII Rule 10 of Code of Civil Procedure and claimant had not withdrawn the claim petition and filed a separate claim petition before the jurisdictional Court in MVC No.132/2014. 13. Therefore, I do not find any illegality or irregularity in the order impugned which calls for interference by this Court. 14. Accordingly, the Writ Petition is dismissed. 15. In view of the disposal of the main petition, pending applications do not survive for consideration, accordingly, the same stands disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 10