- 1 - HC-KAR NC: 2025:KHC-D:8856 MFA No. 100694 of 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100694 OF 2015 (MV-D) BETWEEN: SRI. JILANI S/O JAFARSAB MULLA, AGE: 39 YEARS, OCC: BUSINESS, R/O: DEVIHOSUR, TQ: AND DIST: HAVERI. … APPELLANT (BY SRI HARISH S. MAIGUR, ADVOCATE.) AND: 1. SMT. SALEEMA W/O NISAR AHMED SIDENUR, AGE: 36 YEARS, OCC: HOUSEHOLD, 2. KUM. SAMEER AHMED S/O NISAR AHMED SIDENUR, AGE: 17 YEARS, OCC: STUDENT, 3. KUM. NOURINBANU D/O NISAR AHMED SIDENUR, AGE: 14 YEARS, OCC: STUDENT, SINCE RESPONDENTS NO.2 AND 3 ARE MINORS R/BY NATURAL MOTHER AS MINOR GUARDIAN, I.E., RESPONDENT NO.1. 4. JIABUNBI W/O IBRAHIMSAB SIDENUR, AGE: 72 YEARS, OCC: HOUSEHOLD WORK, 5. IBRAHIMSAB S/O MARDANSAB SIDENUR, AGE: 77 YEARS, OCC: NIL, ALL ARE R/O: DEVIHOSUR, TQ: AND DIST: HAVERI. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8856 MFA No. 100694 of 2015 6. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., 1ST FLOOR, KRISHNA AGENCY BUILDING, P.B. ROAD, HAVERI. … RESPONDENTS (BY SRI G.S. HULMANI, ADVOCATE FOR R1; R2 AND R3 ARE MINORS R/BY R1; SRI M.Y. KATAGI, ADVOCATE FOR R6; R4 AND R5 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 16.12.2014, PASSED IN M.V.C. NO.159/2013, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the owner of the offending vehicle, challenging the judgment and award dated 16.12.2014, passed by the Additional Senior Civil Judge and Additional MACT, Haveri, in MVC No.159/2013, questioning the liability fastened on him to pay compensation. - 3 - HC-KAR NC: 2025:KHC-D:8856 MFA No. 100694 of 2015 2. Heard the arguments of both the sides and perused the appeal papers. 3. In this case, the tribunal while awarding compensation has fastened liability to pay compensation on the owner of the vehicle on the reason that the driver of the offending vehicle was not having driving licence. In this appeal I.A.No.2/2015 is filed for leading additional evidence to prove that the driver of the offending vehicle was holding driving licence. When this being the additional evidence, the genuinity and veracity of the additional documents are to be tested during trial. Therefore, the matter is required to be remanded to the tribunal for receiving evidence on driving licence and then decide the matter afresh in accordance with law. 4. Therefore, the impugned judgment and award is liable to be set aside. In case if the insurance company is held liable to pay compensation, then the claimant is not entitled for interest from the insurance company from the - 4 - HC-KAR NC: 2025:KHC-D:8856 MFA No. 100694 of 2015 date of impugned judgment and award till this day, but the appellant/owner has to pay interest to the claimant for the said period, since the matter is remanded at the instance of the claimant and the owner of the offending vehicle. 5. In the result, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The judgment and award dated 16.12.2014, passed by the Additional Senior Civil Judge and Additional MACT, Haveri, in MVC No.159/2013, is set aside. iii) The matter is remanded to the concerned tribunal for receiving evidence on driving licence and to consider the matter afresh in accordance with law. iv) In case if the insurance company is held liable to pay compensation, then interest from the date of impugned judgment and award of the tribunal, till this - 5 - HC-KAR NC: 2025:KHC-D:8856 MFA No. 100694 of 2015 day, shall be borne by the appellant owner and for remaining period the interest shall be paid by the insurance company along with lumpsum amount. v) The amount in deposit shall be transmitted to the concerned tribunal. vi) The parties shall appear before the tribunal on 18.08.2025 without awaiting for any notice from the tribunal. vii) The tribunal shall dispose of the matter within six months thereafter. viii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 41