- 1 - HC-KAR NC: 2025:KHC:28586-DB MFA No. 4258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 4258 OF 2025 (MV-D) BETWEEN: 1. THE NEW INDIA ASSURANCE COMPANY LTD NO 22414/4, GIRIYAMMA SHABHUGOWDA COMPLEX, CHURCH ROAD, CHANNAPATNA - 562160 NOW REPRSENTED THE NEW INDIA ASSURANCE COMPANY LTD, REGIONAL OFFICE, TP HUB NO 09, 2ND FLOOR, MAHALASHMI CHAMBER M G ROAD, BENGALURU - 560001 …APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SMT NAGAMMA W/O SHAMBULINGEGOWDA AGED ABOUT 50 YEARS Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28586-DB MFA No. 4258 of 2025 2. SRI SHAMBULINGEGOWDA S/O RAMEGOWDA AGED ABOUT 55 YEARS 3. SMT MARICHIKAMMA W/O RAMEGOWDA AGED ABOUT 80 YEARS ALL ARE R/AT KOTAMARANAHALLI VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, RAMANAGARA DISTRICT. 4. UMESH, S/O KONERIGOWDA R/AT VALAGEREDODDI VILLAGE, MANKUNDA POST, CHANNAPATNA TALUK RAMANAGARA DISTRICT …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.09.2024 PASSED IN MVC NO.15/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT, CHANNAPATNA, AWARDING COMPENSATION OF RS.20,69,200/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:28586-DB MFA No. 4258 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This is an appeal by an Insurer [the Insurer] and is chiefly confined to the grievance that there is no direction to pay and recover though such direction is part of the findings on Issue No.2 which relates to the liability of the Insurer. The impugned Judgment is dated 05.09.2024 in MVC No.15/2020 on the file of the Senior Civil Judge and JMFC, Addl. MACT, Channapatna. 2. Sri. B.C. Shivannegowda, the learned counsel for the Insurer, is heard for disposal of the appeal in the light of the grievance as aforementioned and the further grievance that there is a liability to pay additional interest at 9% as against 6% if there is delay in depositing the amount of Rs.20,69,200/- awarded to the - 4 - HC-KAR NC: 2025:KHC:28586-DB MFA No. 4258 of 2025 claimants [the parents and grandmother of Sri. Lokesh who has died in a road accident]. 3. The undisputed facts are that the deceased Lokesh has met with an accident when a motorcycle, which is insured with the Insurer, has hit him when he was walking. The Insurer has disputed its liability asserting that the rider of the motorcycle did not hold a license, and the Tribunal, in answering this Issue in this regard, has found that the Insurer must pay and recover, but the operative portion of the impugned order has directed thus: The Respondents are jointly and severally liable to pay compensation amount with interest to the petitioners within two months and if the Respondents do not deposit the amount within two month, then they are liable to pay 9% interest thereafter till complete realization." - 5 - HC-KAR NC: 2025:KHC:28586-DB MFA No. 4258 of 2025 4. This Court must observe that the Tribunal’s failure to mention the Insurer’s liability to pay and then recover in the operative portion is an inadvertent error and that the appeal need not be kept pending. This Court must next observe that the Insurer must have reasonable time before it is called upon to pay additional interest at 9% and also that if there is any grievance otherwise by the first respondent [the owner of the motorcycle], that must be addressed only in the proceedings by her. In light of the afore, the following: ORDER The appeal is allowed-in-part modifying the operative portion in the Tribunal’s impugned Judgment and Award dated 05.09.2024 in MVC No. 15/2020 thus: [i] The Insurer shall deposit the compensation to the respondents- claimants with interest at the rate of 6% - 6 - HC-KAR NC: 2025:KHC:28586-DB MFA No. 4258 of 2025 within eight [8] weeks from the date of receipt of a certified copy of this order, [ii] The Insurer shall be at liberty to recover the same from the first respondent. [iii] If the Insurer does not pay the amount as now permitted within eight [8] weeks from the date of receipt of a certified copy, then shall be liable to pay interest 9% per annum. The registry is directed to transfer the statutory deposit in this appeal to the Tribunal for disbursement. Sd/- (D K SINGH) JUDGE Sd/- (B M SHYAM PRASAD) JUDGE RKA List No.: 1 Sl No.: 14