- 1 - HC-KAR NC: 2025:KHC:34966 MFA No. 8467 of 2018 C/W MFA No. 8468 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8467 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 8468 OF 2018 (MV-I) IN MFA No. 8467/2018 BETWEEN: 1. TAHIRA, W/O. MUKTIYAR, AGED ABOUT 28 YEARS, ISLAMPURA, BASAVANAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. SHRIPAD V SHASTRI ., ADVOCATE) AND: 1. JABEER, S/O. RIYAZPASHA, R/AT NO. 237, YARABNAGAR, BSK 2ND STAGE, BANGALORE - 560 070. 2. THE REGIONAL MANAGER, THE NEW INDIA INSURANCE CO LTD, REGIONAL OFFICE, NO. 2B, UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU - 560 027. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34966 MFA No. 8467 of 2018 C/W MFA No. 8468 of 2018 3. RAMESH, S/O. RAJANNA, VALMIKENAGARA, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI.E.I.SANMATHI., ADVOCATE FOR R-2; R-3 SERVED; VIDE ORDER DATED 28.10.2024 NOTICE TO R-1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/12/2016, PASSED IN MVC NO.1159/2016, ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8468/2018 BETWEEN: 1. TASMIYA, D/O. MUKTIYA, AGED ABOUT 12 YEARS ISLAMPURA, BASAVANAHALLI POST, KASABA HOBLI, NELAMANAGALA TALUK, BANGALORE RURAL DIST. (SINCE MINOR REP. BY HER MOTHER AND NATURAL GUARDIAN SMT.TAHIRA) - 3 - HC-KAR NC: 2025:KHC:34966 MFA No. 8467 of 2018 C/W MFA No. 8468 of 2018 ...APPELLANT (BY SRI. SHRIPAD V SHASTRI .,ADVOCATE) AND: 1. JABEER, S/O. RIYAZPASHA, R/AT NO. 237, YARABNAGARA, NEAR BHAVANINAGAR, BSK-2ND-STAGE, BANGALORE - 560 070. 2. 3. THE REGIONAL MANAGER, THE NEW INDIA INSURANCE CO LTD, REGIONAL OFFICE, NO. 2B, UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU - 560 027. RAMESH, S/O. RAJANNA, VALMIKENAGARA, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. ...RESPONDENTS (BY SRI.SHRIPAD V.SHASTRI., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/12/2016, PASSED IN MVC NO.1160/2016, ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR NC: 2025:KHC:34966 MFA No. 8467 of 2018 C/W MFA No. 8468 of 2018 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the counsels. 2. In MFA.8467/2018 is filed against the common award of the Tribunal in MVC.No.1159/2016 and another appeal MFA.No.8468/2018 is filed against the award of the Tribunal in MVC.No.1160/2016. In fact, the Tribunal passed a common award in MVC.Nos.1159/2016 and 1160/2016 dated 06.12.2016. 3. Learned counsel for the appellant mainly contended that he is not insisting for the enhancement of the compensation but requesting this Court to direct the Insurance Company to pay compensation and to recover the same from the owner of the vehicle. As there was no Driving License, the Tribunal exonerated the Insurance Company and fixed the liability against the owner. - 5 - HC-KAR NC: 2025:KHC:34966 MFA No. 8467 of 2018 C/W MFA No. 8468 of 2018 4. Considering the submissions of both sides, this Court finds that it is just and reasonable to direct the Insurance Company to pay the said amount within one month from today. 5. On such deposit, the appellants are permitted to withdraw the same along with interest accrued on it and the Insurance Company is at liberty to recover the same from the owner of the vehicle by due process of law. Accordingly, both the appeals are partly allowed. Sd/- (P SREE SUDHA) JUDGE KVR List No.: 1 Sl No.: 35