- 1 - NC: 2025:KHC:15985 MFA No. 4780 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4780/2022 (MV-D) BETWEEN: THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8 EPIC, RIICO, SITAPURA, JAIPUR, RAJASTHAN. THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, DEVARACHIKKANAHALLI ROAD, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE REPTD BY ITS ASSISTANT MANAGER. …APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE) AND: 1. MR. RAJU PALAN, S/O CHANDU POOJARY, NOW AGED ABOUT 75 YEARS, 2. SMT.JYOTHI D/O LATE PARVATHI JATHAN, W/O HARISH, NOW AGED ABOUT 44 YEARS, BOTH ARE RESIDING AT DOOR NO.1-254, NEHRU NAGARA, ALEVOOR VILLAGE & POST, UDUPI TALUK & DISTRICT. 3. SRI RANJITH POOJARY, S/O NARAYANA, NOW AGED ABOUT 47 YEARS, R/AT 5/72, KALIHITHLU MANE, MANGANEASE ROAD, GANGULI, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:15985 MFA No. 4780 of 2022 KUNDAPURA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SRI JAGADEESH H.T., ADVOCATE FOR R1; R2 - SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.03.2022 PASSED IN MVC NO. 584/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS. 4,88,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING ON I.A., THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.584/2018 dated 22.03.2022 by the II Additional Senior Civil Judge and Additional MACT, Udupi, the Insurance Company is before this Court questioning the liability fastened on the Insurance Company. 2. It is a case of the Insurance Company that the offending vehicle does not having a permit to ply as on the date of accident and in that case, the Insurance Company is not liable to pay the compensation. - 3 - NC: 2025:KHC:15985 MFA No. 4780 of 2022 3. Learned counsel appearing for the Insurance Company has drawn the attention of this Court to para-53 of the judgment and submits that as per the same, the permit was between 10.05.2017 to 09.05.2022 and the accident had taken place on 20.04.2017 and as such, Insurance Company is not liable to pay the compensation. 4. Learned counsel appearing for the respondents - claimants submits that in the light of the law laid down in case of Amrit Paul Singh Vs. TATA AIG General Insurance Co. Ltd.1 and in Rani and Ors. Vs. National Insurance Co. Ltd.2 the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 5. Having heard the learned counsels on either side, perused the material on record. Perusal of para – 53 of the judgment shows that the permit is valid from 10.05.2017 to 09.05.2022, but the accident had taken on 20.04.2017 which shows that as on the date of accident, there was no permit. In the light of the law laid down in the case of Amrit Paul Singh and Rani's referred supra, the Insurance Company is liable to 1 (2018) 7 SCC 558 2 (2018) 8 SCC 492 - 4 - NC: 2025:KHC:15985 MFA No. 4780 of 2022 pay the compensation and recover the same from the owner of the vehicle. 7. Accordingly, the appeal filed by the Insurance Company is partly allowed. i. The Insurance Company shall pay the compensation to the claimants 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. iii. The amount in deposit shall be forthwith transmitted to the Tribunal. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI GRD List No.: 2 Sl No.: 46