- 1 - NC: 2025:KHC:16463 MFA No. 5396 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5396 OF 2014 (MV-I) BETWEEN: SHRIRAM GENERAL INSURANCE CO. LTD., NO.100003/EB, RIICO, INDUSTRIAL AREA, SEETHPURA, JAIPUR, RAJASTHAN, NOW REPRESENTED BY ASSISTANT LEGAL MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., 3RD FLOOR, S AND S CORNER BUILDING, OPP: BOWRING AND LADY CURZON HOSPITAL, SHIVAJI NAGAR, BANGALORE-560 001 …APPELLANT (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE) AND: 1. DINESH S/O KRISHNAPPA GOWDA NOW AGED ABOUT 30 YEARS, R/A MAKKIGADDE HOUSE, NELLYADI POST AND VILLAGE, PUTTUR TALUK, D.K.DISTRICT PIN-574 229 2. VEDHI S/O MANIAKAM NOW AGED ABOUT 42 YEARS, R/O NO.3/242, PIKKILI VILLAGE, PENNAGAM TALUK, DHARMAPURI DISTRICT, TAMILNADU STATE 3. GOVINDARAJU S/O PERIYA SWAMI NOW AGED ABOUT 41 YEARS, R/O NO.2/150-1, PIKKILI VILLAGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16463 MFA No. 5396 of 2014 PENNAGAM TALUK, DHARMAPURI DISTRICT, TAMILNADU STATE …RESPONDENTS (BY SRI.HAREESH BHANDARY T., ADVOCATE FOR R1 R2 & R3- SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.3.2014 PASSED IN MVC NO.1329/2012 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE & MEMBER, ADDL. MACT, D.K., MANGALORE, SITTING AT PUTTUR, D.K., AWARDING A COMPENSATION OF RS.1,77,620/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION OR DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.1329/2012 dated 20.03.2014 by V Addl. District and Sessions Judge and Member, Addl. MACT, D.K., Mangalore, sitting at Puttur, D.K. The present appeal is filed by the appellant/Insurance Company questioning the liability. 2. It is the case of the claimant that on 24.04.2011 at about 11.30 am., at Nelady near Nelyady Bus stop, Nelyady Village, Puttur Taluk, due to the user of Lorry being driven by - 3 - NC: 2025:KHC:16463 MFA No. 5396 of 2014 its driver in and actionable negligence, when the claimant was proceeding on his motor cycle, the accident had taken place. Due to the accident, he has sustained general and special damages. He was shifted to hospital for treatment. 3. Learned counsel appearing for the appellant/ Insurance Company submits that the Insurance Company is not liable to pay the compensation as the driver of the offending vehicle is not having a valid driving license. In spite of the same, the Tribunal had fixed the liability on the Insurance Company which needs to be set aside. 4. Learned counsel appearing for respondent No.1/ claimant submits that the Tribunal had rightly considered and passed orders and no interference is called for. 5. Though notice is served on respondent Nos.2 and 3, no vakalath is filed on their behalf. 6. Having heard the learned counsels on either side, perused the material on record. This Court had perused the order passed by the Tribunal wherein the Tribunal had already applied the principle of pay and recover and held that the Insurance Company is liable to pay the compensation, as - 4 - NC: 2025:KHC:16463 MFA No. 5396 of 2014 rightly observed by the Tribunal the claimant is a third party to the Insurance policy and the Insurance Company is liable to pay and recover the same from the owner of the vehicle. In that view of the matter, this Court finds no reasons to interfere with the well considered order passed by the Tribunal. 7. Accordingly, the appeal of the appellant/Insurance Company is dismissed. i. The amount in deposit shall be forthwith transmitted to the Tribunal. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The appellant/Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. 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. - 5 - NC: 2025:KHC:16463 MFA No. 5396 of 2014 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 28