- 1 - HC-KAR NC: 2025:KHC:38137 MFA No. 2707 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2707 OF 2019 (MV-I) BETWEEN: R. VIKRAM S/O RAJAPPA AGED ABOUT 35 YEARS OWNER OF THE BUS BEARING REG.NO.KA-154/B-0154, R/O DOOR NO.76, 5TH CROSS, SIDDESHWARA NAGAR, HOLEHONNUR ROAD, SHIMOGA - 577 203 &APPELLANT (BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE) AND: 1. TUKARAM @ H. G. TUKARAM S/O LATE GOVINDARAO, ALIAS S.N. GOVINDARAO, OCCUPATION: TAILORING, R/O DOOR NO.1675/187, 2ND MAIN, 1ST CROSS, SIDDARAMESHWARA BADAVANE, NITTUVALLI, DAVANAGERE - 577 004. 2. DIVISIONAL MANAGER ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38137 MFA No. 2707 of 2019 AM ARCADE, 1ST FLOOR, C.G.HOSPITAL ROAD, DAVANAGERE - 577 005 &RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR R2; SRI. M.R. HIREMATHAD, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2019 PASSED IN MVC NO.106/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AND VI M.A.C.T., DAVANAGERE, AWARDING COMPENSATION OF RS.33,150/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/owner of the vehicle under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.01.2019 passed in MVC No.106/2018, by the II Additional Senior Civil Judge and JMFC, AND VI M.A.C.T., Davanagere. - 3 - HC-KAR NC: 2025:KHC:38137 MFA No. 2707 of 2019 2. Heard the arguments of the learned counsel for the appellant. Learned counsel for respondents is absent. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.5,00,000/- for the injuries sustained by him. The Trial Court considering the entire evidence on record, granted an amount of Rs.33,150/- with interest at the rate of 9% p.a., from the date of petition till the date of deposit. Aggrieved by the said order, he preferred appeal and mainly contended that certain persons filed claims in the Court. Such cases were MVC Nos.225/2018, 226/2018, 227/2018 and 228/2018. The said claimants are Veerabhadra, Ganapadas, Nagarathna and Madhu. But those matters were settled before the Lok-adalath and the insurance company was directed to deposit the amount and accordingly, they deposited the amount. 4. But in this case, the Insurance Company took a plea that the driver of the vehicle had no valid driving - 4 - HC-KAR NC: 2025:KHC:38137 MFA No. 2707 of 2019 license. As such the owner was directed to deposit the amount. Whereas the insurance company deposited the compensation in a batch of similar cases. Now they cannot be exonerated from paying the liability. The order copy in MVC No.225/2018 is filed, in which it was specifically directed that respondent No.3-Oriental Insurance Company Co. Ltd., is directed to deposit the amount. It was an award passed in the Lok-adalath. Therefore, this Court finds it just and reasonable to modify the order of the Tribunal to such an extent and the learned counsel for respondent No.2 is directed to deposit the amount within one month from the date of this order. 5. In the result, the following order is passed: ORDER i. The appeal is allowed. ii. The judgment and award dated 17.01.2019 passed in MVC No.106/2018, by II Additional Senior Civil Judge and - 5 - HC-KAR NC: 2025:KHC:38137 MFA No. 2707 of 2019 JMFC, AND VI M.A.C.T., Davanagere is set aside. iii. Respondent No.2 is directed to deposit the amount within one month from the date of this order. iv. On such deposit, appellant is permitted to withdraw the entire amount along with interest accrued on the same. v. This appeal is filed by owner of the vehicle and the amount already deposited by him is to be refunded. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 78