- 1 - NC: 2025:KHC:16457 MFA No. 5099 of 2019 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. 5099 OF 2019 (MV-D) BETWEEN: THE MANAGER, SRIRAM GENERAL INS. CO. LTD., MONARCH CHAMBER, INFANTRY ROAD, SHIVAJI NAGAR, BANGALORE NOW REPRESENTED BY THE MANAGER, SHRIRAM GENERAL INS. CO. LTD., NO.3/5, II FLOOR, S.V ARCADE, BILAKALLI MAIN ROAD, OFF: B.G. ROAD, IIM POST, BENGALURU -560 076 …APPELLANT (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE) AND: 1. SHIVARAMEGOWDA, S/O. LATE KARI GOWDA, AGED ABOUT 55 YEARS. 2. R. JAYARATHNA, W/O SHIVARAMEGOWDA, AGED ABOUT 48 YEARS. BOTH ARE R/AT NO.181, 7TH CROSS, 23RD MAIN ROAD, NEAR MES COLLEGE B.T.N LAYOUT, 2ND STAGE, BANGALORE. 3. MR. NAVEEN C.S. S/O SANNE GOWDA, CHIKKALALE, K.R. PET TALUK, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16457 MFA No. 5099 of 2019 MANDYA. …RESPONDENTS (BY MS.NITHYA V., ADVOCATE FOR SRI.PRAKASH M.H., ADVOCATE FOR R1 R2 & R3- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2019 PASSED IN MVC NO.3907/2017 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT- 7, BENGALURU [SCCH-7], AWARDING COMPENSATION OF RS.13,39,600/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR 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.3907/2017 dated 26.03.2019 by IX Addl. Small Causes Judge and XXXIV ACMM, Court of Small Causes, Member, MACT-7, Bangalore. The present appeal is filed by the appellant/Insurance Company questioning the liability fastened on them. 2. It is the case of the claimant that on 14.05.2017 at about 5:30 p.m., the claimants’ son was proceeding in his Splendor Plus bike along with his friend. He was riding his motor cycle slowly and cautiously on the left side of the road from Kanakapura towards Bangalore, when they reached near Gantagandoddi gate, the driver of the TATA Ace drove the - 3 - NC: 2025:KHC:16457 MFA No. 5099 of 2019 same in a high speed, rash and negligent manner and dashed against the motorcycle and due to impact their son fell down and sustained severe head injury and other injuries to all over the body. Immediately, after the accident their son was shifted to Sai Ram Hospital and later shifted to Jayadeva Hospital for treatment wherein the doctor examined him and declared as brought dead. 3. Learned counsel appearing for the appellant/ Insurance Company submits that the driver of the offending vehicle is not having a valid driving license. In fact, the crime is registered under Section 3(1) R/w 181 and 192(a) of the Motor Vehicles Act, 1988, stating that there was no driving license. In spite of the same, the Tribunal had fixed the liability on the Insurance Company. 4. There is no representation on behalf of respondent No.3/owner of the vehicle. 5. Learned counsel appearing for respondent Nos.1 and 2/claimants submits that the Tribunal had rightly considered and held that the insurance company is liable to pay the compensation. - 4 - NC: 2025:KHC:16457 MFA No. 5099 of 2019 6. Having heard the counsels on either side, perused the material on record. The crime is registered under Section 3(1) R/w 181 and 192(a) of the Motor Vehicles Act, 1988 which shows that the driver of the offending vehicle is not having the valid driving license. In the light of the law laid down in the case of National Insurance Co. Ltd. Vs. Swaran Singh and others1 though the driver is not having the driving license, the principle of pay and recover will apply and the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 7. Accordingly, the appeal of the appellant/Insurance Company is partly allowed and the insurance company shall pay the compensation amount and recover the same from the owner of the vehicle. i. The amount in deposit shall be forthwith transmitted to the Tribunal. ii. The appellant/Insurance company shall pay the amount and recover the same from the owner of the vehicle. 1 AIR 2004 SUPREME COURT 1531 - 5 - NC: 2025:KHC:16457 MFA No. 5099 of 2019 iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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. v. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.:2 Sl No.:6.1