- 1 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1088 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1092 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1099 OF 2024 (MV-I) IN MFA No. 1088/2024 BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE SOUTHERN PORTION EAST WING, 5TH CROSS NO.28, CENTENARY BUILDING M.G. ROAD, BENGALURU- 560 001 …APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1. AKMAL PASHA S/O WAZEER AHMED AGED ABOUT 45 YEARS RESIDENT OF 44, HAYATH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 1ST CROSS, BAGUR ROAD, C.R. PATTANA TOWN HASSAN DISTRICT NOW R/AT HOANNAVALLI VILLAGE HONNAVALLI HOBLI, TIPTUR TALUK -572 217 2. PRASANNA KUAMR G.R., S/O RAJANNA C., AGED ABOUT 48 YEARS R/AT GOWDANAKATTE VILLAGE MATTIHLLI POST, KASABA HOBLI, TIPTUR TALUK TUMAKURU DISTRICT- 572 201 …RESPONDENTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE FOR R1 SRI.M.B.CHANDRACHOODA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2023 PASSED IN MVC NO.108/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, JMFC, TIPTUR, AWARDING COMPENSATION OF RS.10,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 1092/2024 BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, SOUTHERN PORTION, EAST WING, 5TH CROSS, NO.28, CENTENARY BUILDING,M.G.ROAD, BENGALURU-560 001 ...APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 AND: 1. D.UMESH S/O DASAPPA, AGED ABOUT 29 YEARS, R/OF MADENURU VILLAGE AT POST, KASABA HOBLI, TIPTUR TALUK-572 217 2. PRASANNAKUMAR G.R. S/O RAJANNA C, AGED ABOUT 48 YEARS, R/AT GOWDANAKATTE VILLAGE, MATTIAHALLI POST, KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT-572 201 ...RESPONDENTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE FOR R1 SRI.M.B.CHANDRACHOODA, ADVOCATE FOR R2) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 01.12.2023 PASSED IN MVC NO.119/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE (MACT) AND JMFC, TIPTUR, AWARDING COMPENSATION OF RS.10,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 1099/2024 BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE SOUTHERN PORTION EAST WING, 5TH CROSS NO 28, CENTENARY BUILDING M G ROAD - 4 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 BENGALURU- 560 001 ...APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1. MADHU C.S. S/O SIDDAPPA AGED ABOUT 32 YEARS CHOWDENAHALLI VILLAGE HONNAVALLI HOBLI TIPTUR TALUK- 572 217 2. PRASANNA KUMAR G.R., S/O RAJANNA C AGED ABOUT 48 YEARS RESIDENT OF GOWDANAKATTE VILLAGE MATTIHALLI POST, KASABA HOBLI TIPTUR TALUK TUMAKURU DISTRICT- 572 201 ...RESPONDENTS (BY SRI. M.B. RYAKHA, ADVOCATE FOR R1 SRI.M.B.CHANDRACHOODA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2023 PASSED IN MVC NO.109/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, JMFC, TIPTUR, AWARDING COMPENSATION OF RS.3,84,800/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 ORAL COMMON JUDGMENT Aggrieved by the award passed in MVC.Nos.108/2022, 119/2022 and 109/2022 dated 01.12.2023 by the Senior Civil Judge & JMFC, Member MACT, Tiptur, the insurance company is before this Court by filing MFA.Nos.1088/2024, 1092/2024 and 1099/2024, questioning the quantum of compensation awarded by the Tribunal. 2. The Tribunal had disposed of the claim petitions by way of common order and this Court is also disposing of these appeals by way of common order. MFA.NO.1088/2021 & MFA.NO.1092/2024 arising out of MVC.NO.108/2022 & 119/2022 3. In both the claim petitions, the Tribunal had awarded a global compensation of an amount of Rs.10,000/- with interest at 6% p.a. 4. Learned counsel appearing for the appellant/insurance company submits that the driver of the offending vehicle was possessing Learners license and he was not qualified to drive the vehicle without the presence of a person who is having a valid driving license. There is violation of terms and conditions of the - 6 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 policy. It is the owner who is liable to pay the compensation, not the insurance company. 5. Learned counsel appearing for the claimants submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere. 6. Learned counsel appearing for the owner of the vehicle submits that the Tribunal had rightly fixed the liability on the Insurance Company and no interference is called for. 7. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, the driver of the offending vehicle was having a Learners License and the violation is that the other person who is having a valid driving license has not accompanied this person and according to the insurance company, they are not liable to pay the compensation. In the light of the law laid down by the Hon’ble Apex Court in case of National Insurance Co. Ltd., Vs. Swaran Singh & others1 still the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 1 2004 (3) SCC 297 - 7 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 MFA.No.1099/2021 arising out of MVC.No.109/2022 8. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/-, but the Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded by Tribunal 1. Loss of future income Rs. 2,25,800/- 2. Pain and suffering Rs. 30,000/- 3. Towards loss of income during laid up period Rs. 29,000/- 4. Towards loss of future happiness and amenities Rs. 30,000/- TOTAL Rs. 3,84,800/- 9. Learned counsel appearing for the appellant/insurance company submits that as there is violation of terms and conditions of the policy, it is the owner who is liable to pay the compensation, not the insurance company. When it comes to the compensation, it is submitted that the Tribunal under the head of loss of future income had taken the disability at 30% on the left lower limb and 10% to the whole body. It is further submitted that the Tribunal considering the permanent functional disability of the claimant at 10% and considering the age of the claimant as 30 years had granted the compensation of an amount of Rs.2,25,800/- towards - 8 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 loss of future income which is on the higher side. It is further submitted that on all the other heads also the amount awarded by the Tribunal is on the higher side and the same needs to be reduced. 10. Learned counsel appearing for the claimant submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere. 11. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, as there is violation in the terms and conditions of the insurance policy, the Insurance Company is not liable to pay the compensation and the owner of the vehicle is liable to pay the compensation. In the light of the law laid down by the Hon’ble Apex Court in case of Swaran Singh referred supra, the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. As far as the compensation is concerned the Tribunal had rightly granted the compensation and this Court finds no reason to interfere with the same. 12. Accordingly, MFA.Nos.1088/2024, 1092/2024 and 1099/2024 filed by the Insurance Company are partly allowed. - 9 - HC-KAR NC: 2025:KHC:46757 MFA No. 1088 of 2024 C/W MFA No. 1092 of 2024 MFA No. 1099 of 2024 The Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. i. The amount in deposit shall be forthwith transferred to the Tribunal. ii. The insurance company shall deposit the amount within 15 days from the date of receipt of copy of the order. On such deposit, the claimants are entitled to withdraw the amount as per the award. iii. If any excess amount is deposited, the Insurance Company is at liberty to withdraw the same. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS,List No.: 1 Sl No.: 0