The involvement of an offending vehicle in a motor accident is sufficiently established through police charge sheet records and witness testimony, and appellate courts will maintain standard interest rates on compensation awards unless exceptional circumstances justify a higher rate.

MISCELLANEOUS FIRST APPEAL NO.2163 OF 2020(MV-D)

C/W

MFA CROSS OBJECTION NO. 105 OF 2024 (MV-D)

IN MFA No. 2163/2020

BETWEEN:

THE NEW INDIA ASSURANCE

COMPANY LIMITED,

MAHALAKSHMI COMPLEX, M.G. ROAD,

OPP. METRO RAILWAY STATION,

BENGALURU - 560 027.

…APPELLANT

(BY SRI. GOVINDARAJAN R., ADVOCATE)

AND:

1. MUDDAMMA,

W/O LATE RAMESH,

AGED ABOUT 34 YEARS,

2. KUM. MAMATHA,

D/O LATE RAMESH,

AGED ABOUT 11 YEARS,

3. SATHISH,

S/O LATE. RAMESH,

AGED ABOUT 6 YEARS,

SINCE THE RESPONDENTS NO. 2 AND 3 ARE

MINORS, REPRESENTED BY THEIR MOTHER

SMT. MUDDAMMA AS NATURAL GUARDIAN

4. NARAYANAPPA,

S/O NAGAPPA,

AGED ABOUT 67 YEARS,

5. NARASAMMA,

W/O NARAYANAPPA,

AGED ABOUT 62 YEARS,

ALL ARE RESIDING AT :

BADIMARALUR,

BYCHAPURA,

GOWRIBIDANURU TALUK,

CHIKKABALLAPUR - 561 208.

6. CHANDRAMOHAN REDDY,

S/O LTE LAKSHMINARAYANA REDDY K,

BEHIND VENKATESWARA TEMPLE,

MAHLASKHMI NAGAR,

BATAWADI, TUMKUR - 572 103.

…RESPONDENTS

(BY SRI. MUNIYAPPA D., ADVOCATE FOR R1 TO R5,

R2 AND R3 ARE MINORS REPRESENTED BY R1

R6 SERVED)

THIS MFA IS FILED UNDER SECTION .173(1) OF MV ACT,

AGAINST THE JUDGMENT AND AWARD DATED:11.07.2019

PASSED IN MVC NO.7737/2017 ON THE FILE OF THE XV

ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM,

MEMBER, MACT, BENGALURU (SCCH-19), AWARDING

COMPENSATION OF RS.17,42,000/- WITH INTEREST AT 9

PERCENT P.A. FROM THE DATE OF PETITION TILL ITS

REALIZATION.

IN MFA.CROB NO. 105/2024

BETWEEN:

1. MUDDAMMA

W/O LATE. RAMESH

AGED ABOUT 39 YEARS,

2. KUM. MAMATHA,

D/O LATE. RAMESH,

AGED ABOUT 16 YEARS,

3. SRI. SATHISH,

S/O LATE. RAMESH,

AGED ABOUT 11 YEARS,

SINCE APPELLANTS NO.2 & 3 ARE MINORS,

REPRESENTED BY THIER MOTHER

SMT. MUDDAMMA,

AS A NATURAL GUARDIAN

4. SRI. NARAYANAPPA,

S/O LATE. NAGAPPA,

AGED ABOUT 72 YEARS,

SRI. NARASAMMA,

W/O NARAYANAPPA,

SINCE DEAD ON 07.02.2021

LRS ALREADY RECORDED

ALL ARE RESIDING AT:

BADIMARALUR,

BYCHAPURA,

GOWRIBIDANUR TALUK,

CHIKKABALLAPURA - 561 208.

...CROSS OBJECTORS

(BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE)

AND:

1. CHANDRAMOHAN REDDY,

S/O LATE. LAKSHMINARAYANA REDDY.K.

MAJOR,

BEHIND VENKATESHWARA TEMPLE,

MAHALAKSHMI NAGAR,

BATAWADI, TUMKUR - 572 103.

(OWNER OF LORRY BEARING

REG. NO.KA-06-D-6558).

2. THE MANAGER,

NEW INDIA ASSURANCE CO. LTD.,

MAHALAKSHMI COMPLEX, M.G. ROAD,

OPP. METRO RAILWAY STATION,

BENGALURU - 560 027.

(POLICY NO. 67210491170100000254

VALID FROM 09/08/2017 TO 08/08/2018)

...RESPONDENTS

(BY SRI. GOVINDARAJAN R., ADVOCATE

VIDE ORDER DATED 23.03.2026

ACCEPTS NOTICE TO R2)

THIS MFA.CROB FILED UNDER ORDER XLI RULE 22 OF

THE CPC READ WITH SECTION 173(1) OF MOTOR VEHICLE

ACT, AGAINST THE JUDGMENT AND AWARD

DATED:11.07.2019 PASSED IN MVC NO.7737/2017 ON

THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE

AND XXIII A.C.M.M, MEMBER, M.A.C.T., MAYO HALL UNIT,

BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION.

THESE APPEALS ARE COMING ON FOR ADMISSION, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The appeal MFA No.2163/2020 by the Insurer and MFA Crob.105/2024 by the Claimants are filed challenging the Judgment and Award dated 11.07.2019 in MVC No.7737/2017 passed by the XV Addl. Small Causes Judge & XXIII Addl. Chief Metropolitan Magistrate, Member, Motor Accident Claims Tribunal, Mayo Hall Unit, Bengaluru (SCCH-19)¹The Tribunal, for short.

2. Under the impugned award, the Tribunal awarded a sum of Rs.17,42,000/- with interest @ 9% per annum from the date of petition till its realization and fastened the liability on the Insurer to satisfy the