Karnataka High Court
The Manager vs Smt. Lakshmamma on 10 March, 2025
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MFA No.4957/2019
C/W MFA No.4958/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL NO.4957/2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.4958/2019 (MV-D)
IN MFA NO.4957/2019
BETWEEN:
THE MANAGER
SBI GEN. INSURANCE CO. LTD.,
NO.3/1, RUKMINI TOWERS
PLATFORM ROAD
DIAGONALLY OPP. TO MANTRIMALL
SHESHADRIPURAM
BANGALORE - 20 ...APPELLANT
(BY SRI. A N KRISHNA SWAMY, ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: High Court 1. SMT. MAMATHA. G
of Karnataka
W/O. LATE B.VENKATARAMA @
VENKATARAVANAPPA. B
AGED ABOUT 22 YEARS
2. MASTER AKIL B. V.
S/O. LATE B. VENKATARAMA @
VENKATARAVANAPPA. B,
AGED ABOUT 4 YEARS
3. BABY REKHA. B. V.
D/O. LATE B. VENKATARAMA @
VENKATARAVANAPPA. B,
AGED ABOUT 3 YEARS,
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MFA No.4957/2019
C/W MFA No.4958/2019
R2 AND R3 ARE MINORS
REP. BY MOTHER/NATURAL GUARDIAN
SMT. MAMATHA. G
4. SMT. SARASAMMA
W/O. BAYYAPPA ALIAS BYAYAPPA,
AGED ABOUT 47 YEARS,
5. SRI. BAYYAPPA @ BYAYAPPA
S/O. LATE MUNISWAMY,
AGED ABOUT 51 YEARS,
ALL ARE RESIDING AT BEVAHALLI
(DODDABEVAHALLI) VILLAGE,
PADMAGHATTA POST,
MULABAGAL TALUK,
KOLAR DISTRICT.
6. SRI. SANTHOSH KUMAR
S/O. VENKATARAMANA,
AGED ABOUT 26 YEARS,
R/AT NO.427, GROUND FLOOR,
9TH CROSS, GANDHIPURAM,
WHITEFIELD POST,
BENGALURU - 560 056 ... RESPONDENTS
(BY SMT.SUSHMITHA G, ADVOCATE FOR
SRI.GOPAL KRISHNA N, ADVOCATE FOR R1, R2 R3, R4 & R5;
R2 & R3 ARE MINORS REPRESENTED BY R1;
APPEAL AGAINST R6 STANDS DISMISSED V/O DTD:31.01.2025)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT
AND AWARD DATED.22.04.2019 PASSED IN MVC NO.7477/2017 ON
THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE AND MACT,
BENGALURU (SCCH-17), AWARDING COMPENSATION OF
RS.25,64,800/- WITH INTEREST AT 7.5 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.
IN MFA NO. 4958/2019
BETWEEN:
THE MANAGER
SBI GEN. INSURANCE CO. LTD.,
NO.3/1, RUKMINI TOWERS,
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MFA No.4957/2019
C/W MFA No.4958/2019
PLATFORM ROAD,
DIAGONALLY OPP. TO MANTRIMALL,
SHESHADRIPURAM,
BANGALORE - 20. ... APPELLANT
(BY SRI. A N KRISHNA SWAMY, ADVOCATE)
AND:
1. SMT.LAKSHMAMMA
W/O. SHENDI MUNISHAMY ALIAS
MUNISHAMY
AGED ABOUT 62 YEARS
2. SRI. SHENDI MUNISHAMY ALIAS
MUNISHWAMY
S/O. LATE NARAYANAPPA
AGED ABOUT 67 YEARS,
BOTH ARE RESIDING AT:BEVAHALLI
(DODDABEVAHALLI) VILLAGE,
PADMAGHATTA POST, MULABAGAL TALUK,
KOLAR DISTRICT.
3. SRI. SANTHOSH KUMAR
S/O. VENKATARAMANA,
AGED ABOUT 26 YEARS,
R/AT NO.427, GROUND FLOOR,
9TH CROSS, GANDHIPURAM,
WHITEFIELD POST,
BENGALURU - 560 056 ... RESPONDENTS
(BY SRI. GOPAL KRISHNA N.,ADVOCATE FOR R1 & 2;
NOTICE TO R3 IS DISPENSED WITH V/O/DATED 10.03.2025)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 22.04.2019 PASSED IN MVC
NO.7485/2017 ON THE FILE OF THE XIX ADDITIONAL SCJ AND
MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF
RS.15,08,400/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF
PETITION TILL ITS REALIZATION.
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MFA No.4957/2019
C/W MFA No.4958/2019
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
These two appeals arise out of the common judgment in
MVC Nos.7477 & 7485 of 2017 passed by the XIX Additional
SCJ & MACT, Bengaluru.
2. The claimants in both the cases sought
compensation due to death of Venkatarama and B.M Srinivasa.
On 19.06.2017 at about 9:15 p.m when Venkatarama and
B.M Srinivasa were traveling on motorcycle bearing registration
No.KA-07-X-8902, Car bearing registration No.KA-53-C-4525
hit the said motorcycle and caused the death of Venkatarama
and B.M Srinivasa.
3. The appellant was the insurer of Car bearing
registration No.KA-53-C-4525. Claim petition Nos.7477 & 7485
of 2017 were filed before the Tribunal seeking compensation for
death of Venkatarama and B.M Srinivasa. Those two petitions
were consolidated with MVC No.7483/2017. The Tribunal on
recording the evidence and hearing the parties by the
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impugned award has granted compensation of Rs.25,64,800/-
and Rs.15,08,400/- in MVC Nos.7477 & 7485 of 2017
respectively. The said awards are challenged in the above
appeals.
4. When the matter is taken up for hearing,
Sri A.N Krishna Swamy, learned Counsel for appellant submits
that the appellant restricts the challenge in the appeal only to
the rate of interest as other contention taken by the insurer
regarding valid licence is covered by the judgment of the
Hon'ble Supreme Court in Bajaj Alliance General Insurance
Company Ltd Vs. Rambha Devi and others1.
5. The impugned judgment shows that no reasons are
assigned for awarding interest at 7.5% per annum on
compensation awarded. Learned Counsel for respondents -
claimants also concedes to the said position. Under the
circumstances, appeals deserve to be allowed partly by
reducing rate of interest applying Section 34 of CPC. Hence the
following:
1 (2023) 4 SCC 723
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ORDER
Appeals are partly allowed.
Impugned award in MVC Nos.7477 & 7485 of 2017 are
modified reducing rate of interest from 7.5% per annum to 6%
per annum from the date of petition till realization.
The appeals stood disposed of accordingly.
Amount in deposit and TCRs shall be transmitted to the
Tribunal forthwith.
Sd/-
(K.S.MUDAGAL)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
PKN
