- 1 - NC: 2025:KHC:16461 MFA No. 8684 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. 8684 OF 2019 (MV-I) BETWEEN: SHRIRAM GENERAL INSURANCE COMPANY LTD., 3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD BANGALORE - 01 NOW REP BY ITS LEGAL MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE BILAKAHALLI MAIN ROAD OFF BG ROAD, IIM POST BANGALORE – 560 076 …APPELLANT (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE) AND: 1. SRI RAMAPPA @ RAJU S/O PEDDANNA AGED ABOUT 48 YEARS, MASON, R/A NO.49, GANGANNAGARAPALLI SRINIVASAPURA TALUK KOLAR DISTRICT - 563 135 2. SRI. RAJESH GUTU NANDAGOPAL S/O G NANDAGOPAL MAJOR, NO. 1-226, OMKAR STREET, MURUKAMBATU, CHITTOR DISTRICT ANDHRAPRADESH …RESPONDENTS (BY SRI.SURESH M LATUR, ADVOCATE FOR R1; Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16461 MFA No. 8684 of 2019 R2- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.08.2019 PASSED IN MVC NO.1952/2017 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU (SCCH-14), AWARDING COMPENSATION OF RS.8,36,000/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.1952/2017 dated 01.08.2019 by the Member, MACT, XVI Addl. Judge, Court of Small Causes, Bengaluru, the appellant/Insurance Company is before this Court questioning the liability. 2. It is the case of the claimant that on 25.11.2016 at about 11.30 a.m., when the claimant was proceeding as a pillion rider on Motorcycle near Gudisivarihalli, Kothavaripalli village, Mandanapalle Mandal, at that time, one Tanker came from Tirupathi side in a high speed with rash and negligent manner and dashed against the claimant’s motorcycle, as a result of which the claimant had sustained grievous injuries. Immediately after the accident, he was shifted to Madanapalle government hospital, later he was shifted to Victoria hospital, - 3 - NC: 2025:KHC:16461 MFA No. 8684 of 2019 Bengaluru and he had spent Rs.50,000/- towards his treatment, medicine and conveyance etc. 3. It is the case of the appellant/Insurance Company that at the time of the accident the driver of offending tanker had no driving license to drive the said vehicle. Hence, the insurance company is not liable to pay any compensation to the claimant. During the course of cross examination he admits that, he has not produced any documents to show that their insured vehicle driver has no driving license at the time of the accident. It is admitted that in Ex.P2 charge sheet itself, it is clearly mentioned that the driver of offending tanker has no driving license to drive the tanker at the time of the accident. In this regard, the police have filed charge sheet against the driver of offending tanker for the offences punishable under Section 3 R/w 181 Motor Vehicles Act, 1988. In order to prove that the driver of the offending vehicle was holding valid driving licence at the time of the accident, no material is forthcoming from both sides. Hence, the Tribunal came to the conclusion that the insurance company is liable to pay the compensation amount awarded to the claimant and to recover the same from the owner of the offending vehicle. - 4 - NC: 2025:KHC:16461 MFA No. 8684 of 2019 4. Learned counsel appearing for appellant/Insurance Company had submitted in the similar lines and the insurance company is not liable to pay the compensation. It is further submitted that the rate of interest is 7% per annum which is on the higher side and the same needs to be reduced. 5. Though notice is served on respondent No.2, no vakalath is filed on his behalf. 6. Learned counsel for respondent No.1/claimant submits that the Tribunal had rightly granted the compensation and no grounds are made out to interfere with the well considered order passed by the Tribunal. 7. Having heard the learned counsels on either side, perused the material on record. This Court had perused the reasoning given by the Tribunal with regard to the liability. The Tribunal had rightly considered all the aspects and came to the just conclusion that the insurance company is liable to pay the compensation amount and recover the same from the owner of the vehicle. This Court finds no reasons to interfere. As far as the interest part is concerned, the interest is reduced from 7% to 6% per annum. - 5 - NC: 2025:KHC:16461 MFA No. 8684 of 2019 8. Accordingly, the appeal of the appellant/Insurance Company is partly allowed. i. The interest is reduced from 7% p.a. to 6% p.a. ii. The amount in deposit shall be forthwith transferred to the Tribunal. 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. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 7