- 1 - NC: 2025:KHC:11680 MFA No. 10569 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 10569 OF 2018 (MV-I) BETWEEN: U.B.UDAYA KUMAR S/O VENKATAPPA MAJOR R/O JUNIOR COLLEGE ROAD, THIRTHAHALLI TOWN-577 432 SHIMOGGA DISTRICT (OWNER OF TIPPER LORRY BEARING REG NO.KA-14/A-4617) …APPELLANT (BY SRI. N.K.SIDDESHWARA, ADVOCATE) AND: 1. SRINIVASA S/O KRISHNAPPA SHETTY AGED ABOUT 36 YEARS, R/O KOTEGADDE THIRTHAHALLI TALUK SHIMOGGA DISTRICT-577 432 2. GANESH K.V., S/O VENKATAPPA AGED ABOUT 61 YEARS, R/O 7TH CROSS, SOPPUGUDDE THIRTHALLI TOWN & TALUK SHIVAMOGGA DISTRICT-577 432 (DRIVER OF TIPPER LORRY BEARING REG NO.KA-14/A-4617) 3. THE ORIENTAL INSURANCE CO. LTD., VINAYAKA COMPLEX 1ST CROSS, GARDEN AREA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11680 MFA No. 10569 of 2018 SHIVAMOGGA CITY-577 201 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI.B.V.BADRINATH, ADVOCATE FOR R1 SRI.P.B.RAJU, ADVOCATE FOR R3 R2- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.06.2015 PASSED IN MVC NO.15/2013 [mvc 768/2011], ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, THIRTHAHALLI, AWARDING COMPENSATION OF RS.3,95,740/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in MVC.No.15/2013 (MVC.No.768/2011) dated 20.06.2015 by the Senior Civil Judge and MACT, Thirthahalli, the appellant who is the owner of the vehicle is before this Court. 2. On the ground that as on the date of the accident, the license of the driver of the vehicle is expired, the trial Court had held that the Insurance Company is not liable to pay the compensation and directed the owner of the vehicle to pay the compensation of an amount of Rs.3,95,740/- along with interest at 6% per annum. - 3 - NC: 2025:KHC:11680 MFA No. 10569 of 2018 3. Learned counsel appearing for the appellant/owner of the vehicle submits that as per the law laid down by the Hon'ble Apex court in case of Francisca Luiza Rocha and Others Vs. K.Valarmathi and Others1, even in such cases also, Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. Learned counsel has also relied on Division Bench judgement of this Court in Nagappa @ Nagaraja and Others Vs. Ravi Kupaluru and Others arising out of MFA.No.103680/2015 C/w MFA.No.103681/2015 dated 08.02.2019. Basing on these judgments, learned counsel submits that the pay and recover principle will apply to this case. 4. Learned counsel appearing for respondent No.3/ Insurance Company do not dispute the ratio laid down in the above referred judgements. 5. Considering the same, the appeal filed by the owner of the vehicle is partly allowed and it is held that the insurance Company is liable to pay the compensation awarded by the trial Court and recover the same from the owner of the vehicle. 1 AIR 2018 SC (Supp) 1440 - 4 - NC: 2025:KHC:11680 MFA No. 10569 of 2018 i. Amount in deposit shall be forthwith transmitted to the trial Court. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 11