- 1 - HC-KAR NC: 2025:KHC:45035-DB MFA No. 9048 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 9048 OF 2018 (MV- D) BETWEEN: UNITED INDIA INSURANCE CO. LTD., NO.25, SHANKARA NARAYANA BUILDING M G ROAD, BENGALURU- 560 001 REPRESENTED BY ITS REGIONAL MANAGER MOTOR TP CLAIMS DEPTT. REGIONAL OFICE:5TH AND 6TH FLOOR NRUPATHUNGA ROAD, KRISHI BHAVAN BANGALORE- 560 001 …APPELLANT (BY SRI. P B RAJU., ADVOCATE) AND: 1. ARUMUGAM (DEAD BY HIS LRS) SMT JAYAMMA W/O LATE IDAMARAPPA AGED ABOUT 48 YEARS R/A NO .57A, IRUDHALAM POTICHIPPALLI(P) IRUDHALAM DHARMAPURI-635113 2. SRI C ANNADURAI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45035-DB MFA No. 9048 of 2018 S/O CHINNASWAMY OLD NO.626, NEW NO.18 BEHIND SUVIDHYA COLLEGE KAMMASANDRA, ELECTRONIC CITY BENGALURU- 560 100 …RESPONDENTS (R1- SERVED AND UNREPRESENTED V/O DTD 07.07.2023 NOTICE TO R2 H/S; V/O DTD 08.09.2025 N R RANGEGOWDA- APPOINTED AS AMICUS CURIAE FOR RESPONDENTS) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.07.2018 PASSED IN MVC NO.341/2014 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, AWARDING COMPENSATION OF RS.15,28,000/-WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the appellant / insurance company against the judgment and award dated 16.07.2018, passed in MVC No.341/2014, by the Small Causes and MACT at Bengaluru. - 3 - HC-KAR NC: 2025:KHC:45035-DB MFA No. 9048 of 2018 2. One Arumugam died because of the injuries sustained by him in a road accident on 04.11.2013 at 09.30 p.m. The deceased was riding the motorcycle bearing registration No.KA-51-S-1107 when he was hit by a Tata Sumo car bearing No.KA-51-P-6217. After considering the evidence led by the parties and the facts and circumstances of the case, the Tribunal awarded a total compensation at Rs.15,28,000/-, along with interest at the rate of 9% per annum from the date of the claim petition till realisation. 3. The learned Counsel for the appellant / Insurance Company submits that there was no correlation between the accident and death of the deceased. The accident took place on 04.11.2013 and the deceased was discharged from the hospital on 24.12.2013 and ultimately he died on 06.02.2014. He further submits that no post- mortem was conducted on the deceased, which could have shown that the death was due to the accident and in the - 4 - HC-KAR NC: 2025:KHC:45035-DB MFA No. 9048 of 2018 absence of the post-mortem report, it should not have been concluded that the death was as the result of the injuries suffered by the deceased in the accident. However, it is not in dispute that the charge-sheet had been filed against the driver under Section-304(A) of IPC, in respect to the said accident after the death of the injured. 4. The Tribunal has in paragraph No.25 of its judgment, stated the reasons why the post-mortem could not be conducted on the deceased, i.e., that the Doctors refused to conduct the post-mortem examination, despite the letter written by the concerned Medical Officer, as without requisition from the Police, the Doctors could not conduct a post-mortem examination. As stated, the Tribunal has held that not conducting the post-mortem examination by the Doctor would amount to the dereliction of duty. - 5 - HC-KAR NC: 2025:KHC:45035-DB MFA No. 9048 of 2018 5. Having considered the reasons recorded by the Tribunal for not conducting the post-mortem, we are of the view that it cannot be said that the deceased did not die because of the injuries suffered by him in the road accident. We are of the considered view that the death of the injured was as a result of the injuries suffered by him in the road accident. 6. The learned counsel, at the last submitted that the Tribunal has awarded a higher rate of interest, i.e., at 9% per annum, without assigning any specific reason for awarding such a high rate of interest. It is submitted that this Court may reduce the interest from 9% to 6% p.a. 7. Considering the said submission, we affirm the judgment and award dated 16.07.2018, passed in MVC No.341/2014, by the Small Causes and MACT at Bengaluru. However, we reduce the interest from 9% to 6% per annum. Accordingly, we pass the following: - 6 - HC-KAR NC: 2025:KHC:45035-DB MFA No. 9048 of 2018 ORDER i) We affirm the order of the Tribunal, so far as the loss of dependency and compensation under conventional heads are concerned and held that the claimants/respondents are entitled for a total compensation of Rs.15,28,000/-. ii) We reduce the interest from 9% to 6% and the claimants would be entitled for interest at the rate of 6% on the said amount from the date of filing the claim petition till realisation. iii) The apportionment and disbursement, etc., shall be as per the order of the Tribunal. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE JJ