- 1 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102773 OF 2018 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 102774 OF 2018 IN MFA NO.102773/2018 BETWEEN: THE BRANCH MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD., BRANCH OFFICE, HMJC ROAD, NEAR MINERVA CIRLCE, BENGALURU-560 002, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. SMT. BIBI KHUTEJA W/O. MOHAMMAD RAFIQ SHAIKH AGE:52 YEARS, R/O. KHAIRE, MIRJAN, TQ:KUMTA-581440. 2. SHRI AEJAZ AHMAD S/O. MOHAMMAD RAFIQ AGE:26 YEARS, R/O. KHAIRE, MIRJAN, TQ:KUMTA-581440. 3. SMT AMINABI D/O. MOHAMMAD RAFIQ SHAIKH AGE:21 YEARS, R/O. KHAIRE, MIRJAN, TQ:KUMTA-581440. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 4. CHANDAKKANAVAR DADAPIR C/O. BABUSAB, JAVALI GALLI, GADAG DISTRICT, HAVERI-581128. …RESPONDENTS (BY SRI. B.V. SOMAPUR, ADVOCATE FOR R1 TO R3; R4- NOTICE DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1998, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 11.06.2018 PASSED IN MVC NO.485/2016 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMTA AND ETC., IN MFA NO.102774/2018 BETWEEN: THE BRANCH MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD., BRANCH OFFICE, HMJC ROAD, NEAR MINERVA CIRCLE, BENGALURU-560002, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. SRI. MOHAMMAD SHAFI S/O. MOHAMMAD SAB SHAIKH AGED ABOUT 54 YEARS, 2. SMT. SHAKIRABI W/O. MOHAMMAD SHAFI AGED ABOUT 50 YEARS, 3. SRI MOHAMMAD SHARIF S/O. MOHAMMAD SHAFI AGED ABOUT 28 YEARS, - 3 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 4. SRI MOHAMMAD TAFIQ S/O. MOHAMMAD SHAFI AGED ABOUT 24 YEARS, 5. SRI YASEEN S/O. MOHAMMAD SHAFI AGED ABOUT 24 YEARS, 6. SRI. TOHID S/O. MOHAMMAD SHAFI AGED ABOUT 22 YEARS, 7. KUM SHAFIA D/O. MOHAMMAD SHAFI AGED ABOUT 20 YEARS, 8. RAFIYA D/O. MOHAMMAD SHAFI SHAIKH AGED ABOUT 19 YEARS, 9. AYISHA D/O. MOHAMMAD SHAFI SHAIKH AGED ABOUT 13 YEARS, (MINOR REPRESENTED BY HER NEXT FRIEND GUARDIAN MOTHER RESPONDENT NO.2) ALL ARE RESIDENT OF TARIBAGIL, MIRJAN, TQ: KUMTA-581 343. 10. CHANDAKKANAVAR DADAPIR C/O. BABUSAB JAVALI GALLI, GADAG, DISTRICT:HAVERI-581128. …RESPONDENTS (BY SRI. B.V. SOMAPUR ADVOCATE FOR R1 TO R9; R10- NOTICE DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1998, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 11.06.2018 PASSED BY IN MVC NO.486/2016, ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMTA AND ETC., THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matters are listed for admission, but with consent of both the learned counsel appearing for the parties, these matters are taken up for final disposal. 2. These appeals are filed by the Insurance Company challenging the common judgment and award dated 11.06.2018 passed in MVC Nos.485/2016 and 486/2016, on the file of Additional M.A.C.T, Kumta (for short, ‘Tribunal’). 3. The occurrence of accident, death of the deceased Mohammad Mohsin and Imran S/o Mohammad Shafi in a road traffic accident, coverage of insurance are not in dispute in these cases. 4. The tribunal has awarded same compensation in both the claim petitions under various heads as under: - 5 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 Sl. No. Heads. Amount in (Rs.) 1. Funeral expenses 15,000/- 2. Loss of estate 15,000/- 3. Loss of dependency 11,52,000/- Total: Rs.11,82,000/- 5. In the present cases, the deceased are bachelors. The Tribunal ought to have deducted ½ of the income towards personal and living expenses but had deducted 1/3rd of income. At the same time, the Tribunal has not added income towards loss of future prospects in life. Therefore, though the Tribunal has deducted 1/3rd of income but that is taken care by not adding income towards loss of future prospects in life. Therefore, taking note of these aspects, I am of the considered view that overall quantum of compensation awarded by the Tribunal is just and reasonable and same does not call for interference. 6. It is submitted by the learned counsel for the Insurance Company that the interest awarded by the tribunal on the compensation amount at 9% p.a. is on - 6 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 higher side and it is required to be reduced to 6% p.a. Considering the said submission, rate of interest awarded by the tribunal at 9% p.a. is reduced to 6% p.a., since this Court is consistently awarding interest at the rate of 6% p.a. on the compensation awarded. 7. Accordingly, I proceed to pass the following: ORDER i. Both appeals are allowed in part. ii. The judgment and award dated 11.06.2018 passed in MVC No.485/2016 and MVC No.486/2016 on the file of Additional MACT, Kumta, is hereby modified only to the extent of reducing rate of interest from 9% to 6% p.a., from the date of petition till its realization in both the claim petitions. iii. The Insurance Company shall deposit the amount within a period of eight - 7 - NC: 2025:KHC-D:1169 MFA No. 102773 of 2018 C/W MFA No. 102774 of 2018 weeks from the date of receipt of a copy of this judgment. iv. Amount in deposit in both the appeals shall be transmitted to the Tribunal for disbursement. v. Send a copy of this judgment to the Tribunal. vi. No order as to costs. vii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM Ct-cmu LIST NO.: 2 SL NO.: 5