HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9472 OF 2017 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 4987 OF 2017 (MV-D)

IN MFA No. 9472/2017 BETWEEN:

1. SMT. RENUKA W/O LATE DASAPPA AGED ABOUT 28 YEARS

2. CHETAN @ RANGANATH S/O LATE DASAPPA AGED ABOUT 6 YEARS

3. KARIYAMMA W/O LATE HANUMANNA Digitally AGED ABOUT 63 YEARS signed by NIRMALA THE SECOND APPELLANT IS MINOR AND DEVI HENCE HE IS REPRESENTED BY HIS MOTHER Location:

AND NATURAL GUARDIAN THE FIRST HIGH APPELLANT VIZ SMT RENUKA COURT OF KARNATAKA ALL ARE R/O MAGODU VILLAGE GOLARAHATTI, SIRA TALUK TUMKUR DISTRICT-572137 …APPELLANTS (BY SRI. K V SHYAMAPRASADA.,ADVOCATE)

AND:

1. M/S IFFCO-TOKIO GENERAL INSURANCE CO LTD., HC-KAR REP BY ITS MANAGER NO.41, 2ND FLOOR VISHNU COMPELX LAVELLE ROAD, BANGALORE-560001

2. RAVISH N P S/O N V PUTTALAKSHMAIAH MAJOR MUDALAPANNE HULIKUNTE HOBLI KORATAGERE TALUK TUMKUR DISTRICT-572129 …RESPONDENTS (BY SRI. ASHOKA H, ADVOCATE FOR SRI. B PRADEEP, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DTD 08.07.2022)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC NO.1533/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT, JMFC, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. IN MFA NO. 4987/2017 BETWEEN:

THE BRANCH MANAGER IFFCO TOKIO GIC LTD., BRANCH OFFICE, NO.41, 2ND FLOOR VISHNU COMPLEX LAVELLE ROAD, BANGALORE-560001 NOW REP BY ITS LEGAL MANAGER IFFCO TOKIO GIC LTD CUSTOMER SERVICE CENTER SRI SHANTHI TOWERS, 5TH FLOOR NO.141, 3RD MAIN, EAST OF NGEF LAYOUT KASTURI NAGAR BANGALORE-560043 ...APPELLANT (BY SRI. ASHOKA H, ADVOCATE FOR SRI. PRADEEP B, ADVOCATE)

HC-KAR AND:

1. RENUKA W/O LATE DASAPPA AGED ABOUT 28 YEARS

2. CHETAN @ RANGANATH S/O LATE DASAPPA AGED ABOUT 6 YEARS MINOR REPRESENTED BY HIS MOTHER NATURAL GUARDIAN RESPONDENT NO.1

3. KARIYAMMA W/O LATE HANUMANNA NOW AGED ABOUT 63 YEARS ALL ARE R/O MAGODU VILLAGE GOLARAHATTI, SIRA TALUK TUMKUR DISTRICT 577501.

4. RAVISH N P S/O N V PUTTALAKSHMAIAH R/O MUDALAPANNE, HULIKUNTE HOBLI KORATAGERE TALUK TUMKUR DISTRICT-577501 ...RESPONDENTS (BY SRI.D S SRIDHAR, ADVOCATE FOR R1 TO R3 R4 IS SERVED AND UNPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC NO.1533/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF Rs.9,44,056/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT AND ETC.

THESE APPEALS, COMING ON FOR FURTHER SUBMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA HC-KAR

ORAL JUDGMENT

Both the above appeals are filed challenging the judgment and award and award dated 07.04.2017 passed in MVC No.1533/2014 by the Senior Civil Judge and Addl. MACT., Sira, [Hereinafter referred to as the ‘Tribunal’]. The Tribunal by its judgment and award dated 07.04.2017 partly allowed the claim petition and awarded a total compensation of `9,44,056/- together with interest 9% per annum. Being aggrieved, the claimants have preferred MFA No.9472/2017 and the insurer has preferred MFA No.4987/2017.

2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

3. It is the contention of the learned counsel Sri B. Pradeep, appearing for the insurer that the insured vehicle did not have the requisite permit and that the insured vehicle, at the time of the accident was used in violation of the terms and conditions of the policy of insurance. Hence he contends that the judgment of the Tribunal fastening the liability to pay the compensation awarded on the insurer is erroneous and liable to HC-KAR be interfered with. It is also contended that the quantum of compensation awarded by the Tribunal is on the higher side and the rate of interest is excessive.

4. Per Contra, learned counsel Sri K.V. Shyamapras