- 1 - HC-KAR NC: 2025:KHC:45117 MFA No. 6758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6758 OF 2025 BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., UNITY BUILDING, TOWER BLOCK 4TH FLOOR, J C ROAD BANGALORE 560002 REPRESENTED BY THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY CLAIMS HUB MAHALAKSHMI CHAMBERS, NO.9 2ND FLOOR, M G ROAD BANGALORE 560001 REP BY ITS MANAGER …APPELLANT (BY SRI. RAVISHANKAR C R., ADVOCATE) AND: 1. SMT. DOULABI AGE ABOUT 29 YEARS W/O LATE HUSEN SAB 2. GOODA SAB AGE ABOUT 10 YEARS S/O LATE HUSEN SAB 3. SALIMA BEGUM Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45117 MFA No. 6758 of 2025 AGE ABOUT 8 YEARS D/O LATE HUSEN SAB 4. MOULA SAB AGE ABOUT 6 YEARS S/O LATE HUSEN SAB THE RESPONDENTS NO 2 TO 4 ARE MINORS REP BY THEIR MOTHER AND NATURAL GUARDIAN SMT. DOULABI ALL ARE PERMANENTLY R/AT JULAGUDDA VILLAGE, LINGASAGUR TALUK RAICHUR DISTRICT, KARNATAKA 584127. 5. M/S EMJAY ENGINEERING COMPANY HAVING ITS OFFICE AT NO.70 1ST CROSS 2ND A MAIN ROAD, DOMLUR LAYOUT BANGALORE 560071 REP BY ITS MANAGER …RESPONDENTS (BY SRI. N R RANGEGOWDA., ADVOCATE FOR R1 R2 TO R4 ARE MINORS REP BY R1 SMT. PRATHIBHA., ADVOCATE FOR R5) THIS MFA IS FILED UNDER SECTION 30(1) OF EMPLOYEE COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DT. 02.06.2025 PASSED IN ECA NO. 71/2024 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-24), AWARDING COMPENSATION OF RS. 15,12,000/- WITH INTEREST AT 12 PERCENT P.A. FROM THE DATE OF ACCIDENT i.e., 24.01.2024 TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45117 MFA No. 6758 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present appeal is filed by the appellant/Insurance Company aggrieved by the award dated 02.06.2025 passed in ECA No.71/2024 by the XXII Addl. Senior Civil Judge & ACJM., And Member, Motor Accident Claims Tribunal, (SCCH-24) Bengaluru. 2. Learned Counsel appearing for the appellant/ Insurance Company submits that the Tribunal has awarded an amount of Rs.15,12,000/- together with interest at the rate of 12% per annum. Questioning the same, the Insurance Company has filed this appeal. It is submitted by the learned Counsel appearing for the appellant that the Insurance Company is not liable to pay the interest on the compensation amount awarded. 3. A Joint memo dated 10.10.2025 is filed before this Court signed by the respective parties and their learned Counsels. - 4 - HC-KAR NC: 2025:KHC:45117 MFA No. 6758 of 2025 4. It is stated in the Joint Memo that the claimants are ready to forego the interest and the Insurance Company will deposit the amount of Rs.15,12,000/- without interest within 30 days from this date in the Court below. 5. It is submitted by the learned Counsel appearing for the appellant that the amount of Rs.15,12,000/- is already deposited by the Insurance Company. 6. The Joint Memo is taken on record. 7. In the light of the Joint Memo filed by both the parties this Court is passing the following: i. Accordingly, the appeal of the claimant is allowed by setting aside the award passed in ECA No.71/2024 dated 02.06.2025 by the XXII Addl. Senior Civil Judge & ACJM., And Member, Motor Accident Claims Tribunal, (SCCH-24) Bengaluru, as far as the interest is concerned. ii. Accordingly the appeal is disposed off in the light of the Joint Memo dated 10.10.2025. - 5 - HC-KAR NC: 2025:KHC:45117 MFA No. 6758 of 2025 iii. Pending Interlocutory Applications, if any, stand disposed of. Sd/- (LALITHA KANNEGANTI) JUDGE JT/- CT:JL