- 1 - HC-KAR CNR: KAHC010398352022 NC: 2026:KHC:42536 MFA No. 6070 of 2022 C/W MFA No. 1070 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6070 OF 2022 (ECA) C/W MISCELLANEOUS FIRST APPEAL NO. 1070 OF 2023 IN MFA No. 6070/2022 BETWEEN: ABBAS M S/O MAHAMMED MUSTAFA NOW AGED ABOUT 33 YEARS, R/O SNP TRANSPORT, NH4 BYPASS NEAR TANGAMALAI MURUGAN HOTEL HIRIYUR TOWN, CHITRADURGA DISTRICT-577 599 …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. JAYADA BEGAM N W/O MOHAMMED RAFI @ MOHAMMED RAFIQ NOW AGED ABOUT 31 YEARS 2. SUMAYA BANU Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010398352022 NC: 2026:KHC:42536 MFA No. 6070 of 2022 C/W MFA No. 1070 of 2023 D/O MOHAMMED RAFI @ MOHAMMED RAFIQ NOW AGED ABOUT 11 YEARS 3. TASMIYA BANU D/O MOHAMMED RAFI @ MOHAMMED RAFIQ NOW AGED ABOUT 9 YEARS 4. RAZIABI @ RAMIJABI W/O DADA KHALANDAR @ KHALANDAR SAB NOW AGED ABOUT 56 YEARS 5. DADA KHALANDAR SAB @ KHALANDAR SAB S/O MALIK SAB, NOW AGED ABOUT 62 YEARS NOTE: THE RESPONDENT NO.2 AND 3 ARE SINCE MINORS REP BY THEIR MOTHER AS N/G THE RESPONDENT NO.1 ALL ARE R/O BHARAMAGIRI VILLAGE VANIVILASAPURA, HIRIYUR TALUK CHITRADURGA DISTRICT-577 599 6. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO LTD MAGANUR COMPLEX, B.D ROAD, CHITRADURGA TOWN-577 501 …RESPONDENTS (BY SRI. RAGHU R, ADVOCATE FOR R1 TO R5, SRI. PRADEEP, ADVOCATE FOR R6, (R2 & R3 ARE MINORS REP. BY R1)) THIS MFA IS FILED U/S 30(1) EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2022 PASSED IN ECA NO. 5/2019 ON THE FILE OF THE SENIOR - 3 - HC-KAR CNR: KAHC010398352022 NC: 2026:KHC:42536 MFA No. 6070 of 2022 C/W MFA No. 1070 of 2023 CIVIL JUDGE AND JMFC, ADDITIONAL MACT, HIRIYUR, CHITRADURGA, AWARDING COMPENSATION OF RS.7,98,000 WITH INTEREST AT 12 PERCENT P.A. FROM THE DATE OF ACCIDENT TILL DATE OF DEPOSIT. IN MFA NO. 1070/2023 BETWEEN: 1. JAYADA BEGAM N W/O MOHAMMED RAFI, MOHAMMED RAFIQ, NOW AGED ABOUT 32 YEARS, 2. SUMAYA BANU D/O MOHAMMED RAFI, MOHAMMED RAFIQ, NOW AGED ABOUT 12 YEARS, 3. TASMIYA BANU D/O MOHAMMED RAFI, MOHAMMED RAFIQ, 4. RAZIABI @ RAMIJABI W/O DADA KHALANDAR @ KHALANDAR SAB NOW AGED ABOUT 57 YEARS, 5. DADA KHALANDAR SAB @ KHALANDAR SAB KHALANDAR SAB, S/O MALIK SAB, NOW AGED ABOUT 63 YEARS, APPELLANT NO.2 & 3 ARE MINORS REP BY THEIR N/G AND MOTHER APPELLANT NO.1 ALL ARE R/A BHARAMAGIRI VILLAGE, VANIVILASAPURA, - 4 - HC-KAR CNR: KAHC010398352022 NC: 2026:KHC:42536 MFA No. 6070 of 2022 C/W MFA No. 1070 of 2023 HIRIYUR TALUK, CHITRADURGA DISTRICT ...APPELLANTS (BY SRI. RAGHU R, ADVOCATE) AND: 1. ABBAS M S/O MOHAMMED MUSTAFA, NOW AGED ABOUT 34 YERS, OWNER OF LORRY NO KA-16-B-8969, R/OQ SNP TRANSPORT, N.H -4 BYPASS NEAR TANGAMALAI MURGAN HOTEL, HIRIYUR TOWN 572143, CHITRADURGA DISTRICT 2. THE BRANCH MANAGER RELIANCE GEN INSURANCE CO LTD. MAGANUR COMPLEX, B.D ROAD, CHITRADURGA TOWN-577 501 ...RESPONDENTS (BY SRI. RANGEGOWDA N.R, ADVOCATE FOR R1, SRI. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT,1923 AGAINST THE JUDGMENT AND AWARD DATED 23.06.2022 PASSED IN E.C.A NO. 5/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, JMFC, HIRIYUR, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 5 - HC-KAR CNR: KAHC010398352022 NC: 2026:KHC:42536 MFA No. 6070 of 2022 C/W MFA No. 1070 of 2023 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The short question challenged in these appeals by both the appellants is whether the Tribunal is justified in directing the insured - owner of the offending vehicle to pay the interest component of 12% in Employees Compensation Act. 2. Heard the learned counsel for the respective parties and perused the documents available on record. 3. As could be gathered from records, the Tribunal while granting compensation to the claimants i.e., appellants in MFA No.1070/2023 awarded a compensation of Rs.7,98,000/- with 12% interest. However, directed respondent No.2 - insurance company to pay the compensation of Rs.7,98,000/- and further directed the respondent No.1 - owner - insured i.e., appellant in MFA No.6070/2022 to pay the interest component of 12% with a finding that the insurance company is not liable to pay the said interest without assigning any valid reason. - 6 - HC-KAR CNR: KAHC010398352022 NC: 2026:KHC:42536 MFA No. 6070 of 2022 C/W MFA No. 1070 of 2023 4. On careful perusal of the documents and evidence, since the policy covered to the offending vehicle is a motor policy, the insurance company is liable to pay the interest. The said position of law is fairly submitted by the learned counsel for the insurance company. 5. Accordingly, both the appeals are allowed and the direction of the Tribunal for respondent No.1 - owner i.e., the appellant in MFA No.6070/2022 to pay the interest of 12% from one month from the date of accident is modified and the insurance company i.e. respondent No.2 before the Tribunal is directed to pay the compensation along with interest at the rate of 12% from one month from the date of accident. 6. The amount deposited by the appellant in MFA No.6070/2022 shall be refunded to him. Registry is directed to refund the amount deposited by the appellant in MFA No.6070 of 2022. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 15=