- 1 - NC: 2025:KHC:17429 MFA No. 6078 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6078 OF 2013 (MV-I) BETWEEN: SUBRAMANI S.M. S/O MUNIYELLAPPA AGED ABOUT 28 YEARS R/A NO.41, SAKALAWARA VILLAGE AND POST BANNERGHATTA MAIN ROAD ANEKAL TALUK BANGALORE-560 083 …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., NO.5, 2ND FLOOR WHITE HOUSE, ST. MARKS ROAD BANGALORE-1 2. MR.VENKATESH S/O THIMMARAYAPPA NO.290/4, KOTHANUR J.P.NAGAR POST BANGALORE-560 078 …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R1 V/O/DT 09/01/2018- APPEAL AGAINST R2 IS DISMISSED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.3.2013 PASSED IN MVC NO.1321/2012 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17429 MFA No. 6078 of 2013 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 award passed in M.V.C.No.1321/2012 dated 07.03.2013 by the XIII Additional Judge & Member MACT, Court of Small Causes, Bangalore, whereby the liability is fixed on the owner of the vehicle and the Insurance Company is exonerated from the liability, the claimant is before this Court. 2. Learned counsel appearing for the appellant/claimant submits that the Tribunal had fixed the liability on the owner of the vehicle on the ground that there is no permit as on the date of the accident. He had relied on the judgment of the Hon'ble Apex Court in case of Amrit Paul Singh Vs. Tata Aig General Insurance Co. Ltd.1 and submits that still the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 1 2018 (7) SCC 558 - 3 - NC: 2025:KHC:17429 MFA No. 6078 of 2013 3. Learned counsel appearing for the respondent No.1/ Insurance Company submits that the Tribunal had rightly considered and passed the order. 4. Having heard the learned counsels on either side, perused the entire material on record. The only ground on which the Insurance Company is exonerated from the liability is that the vehicle was not having a valid permit to ply at the place where the accident had occurred. In the light of the law laid down in case of National Insurance Co. Ltd Vs. Swaran Singh and Others2, still the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 5. Accordingly, the appeal filed by the claimant is partly allowed. i. The Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. 2 2004 (3) SCC 297 - 4 - NC: 2025:KHC:17429 MFA No. 6078 of 2013 iii. The respondent No.1 - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment and shall recover the same from the owner of the vehicle. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 11