- 1 - NC: 2025:KHC:16604 MFA No. 6934 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6934 OF 2019 (MV-I) BETWEEN: BRIJESH G.C., S/O G.T.CHANNAREDDY, AGED ABOUT 38 YEARS, R/AT NO.807, 5TH CROSS, 10TH MAIN, 4TH BLOCK, KORAMANGALA, BANGALORE - 560 034. …APPELLANT (BY SRI. MAHADEVA SWAMY P., ADVOCATE) AND: 1. DIVISIONAL MANAGER, SHRIRAM GEN. INS. CO.LTD., NO.S-5, 2ND FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, SHIVAJINAGAR, BANGALORE – 01 2. SALEEM KHAN A S/O ABDUL HAMEED KHAN 7TH CROSS, P H COLONY TUMKUR-01 3. SYED KHAJA S/O FAKURUDDIN NO.08, HATTUMANE LAYOUT SAMPIGEHALLI BANGALORE-70 …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R1 V/O/D 17/03/2023- NOTICE TO R3 IS D/W V/O/D 20/03/2024- NOTICE TO R2 IS H/S) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16604 MFA No. 6934 of 2019 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2013 PASSED IN MVC NO.6696/2011 ON THE FILE OF THE MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 M.V.C.No.6696/2011 dated 30.12.2013 by the Member Prl. Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bangalore, the claimant is before this Court. 2. The claimant is particularly aggrieved by the order passed by the Tribunal, whereby the liability is fixed on the owner of the vehicle and the insurance company is exonerated from the liability. 3. Learned counsel appearing for the appellant/claimant submits that the vehicle was plying without a permit and contrary to the terms and conditions of the policy. As such, the Insurance Company is not liable to pay the compensation and the owner is held to be liable to pay the compensation. It is submitted that in the light of the law laid down by the Hon’ble - 3 - NC: 2025:KHC:16604 MFA No. 6934 of 2019 Apex Court in case of Amrit Paul Singh Vs. Tata Aig General Insurance Co. Ltd1, the Court had held that the Insurance Company is still liable to pay the compensation. 4. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had rightly held that the owner of the vehicle is liable to pay the compensation. 5. Having heard the learned counsels on either side, perused the entire material on record. The only ground on which the Insurance Company is absolved from the liability is that there is no permit to ply the vehicle. This Court is of the view that in light of the law laid down by the Hon'ble Apex Court in case of National Insurance Co. Ltd. Vs. Swaran Singh and others2, the principle of pay and recover will apply. 6. Accordingly, the appeal of the appellant/claimant is partly allowed and respondent No.1/Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. 1 AIR 2018 SC 2662 2 AIR 2004 SC 1531 - 4 - NC: 2025:KHC:16604 MFA No. 6934 of 2019 i. The apportionment of the amount shall be as per the order passed by the Tribunal. ii. The respondent No.1 - Insurance Company shall deposit the compensation 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. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 17