- 1 - HC-KAR NC: 2025:KHC:39375 MFA No. 4490 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4490 OF 2020(MV-D) BETWEEN: M/S. UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE KRISHI BHAVAN, 5TH AND 6TH FLOOR, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE-560 001. REP BY PUNDALIK .M, NAIK DEPUTY MANAGER. …APPELLANT (BY SRI. GEETHA R., ADVOCATE) AND: 1. MRS. KALAMMA, W/O. JAVAREGOWDA, AGED ABOUT 56 YEARS, SINCE DEAD BY LR’S 1A. MR.J.ANNEGOWDA S/O JAVARE GOWDA AGED ABOUT 59 YEARS 1B. MR.RAMESH S/O JAVARE GOWDA AGED ABOUT 57 YEARS 1C. MR.NATESH S/O.JAVARE GOWDA AGED ABOUT 55 YEARS 1D. MR.JAYARAM Page No.1 is retyped and replaced vide chamber order dated: 04.03.2026. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39375 MFA No. 4490 of 2020 S/O JAVARE GOWDA AGED ABOUT 47 YEARS ALL ARE RESIDING AT HOSAKOPPALU VILLAGE HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT-571 106 2. MR. SWAMYGOWDA, S/O. CHIKKANNA, AGED ABOUT 35 YEARS, R/AT DODDAHONNUR VILLAGE, HARNAHALLY HOBLI, PERIYAPATTANA TALUK, MYSURU DISTRICT-571 107. 3. MR. SATHISHA, S/O. LATE THAMMEGOWDA, AGED ABOUT 36 YEARS, R/AT DODDAHONNUR VILLAGE, HARNAHALLY HOBLI, PERIYAPATTANA TALUK, MYSURU DISTRICT-571 107. …RESPONDENTS (BY SRI. PRITHVIRAJ B.N., ADVOCATE FOR R1; SRI. N. SHIVAKUMAR, ADVOCATE FOR R2; R3-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2019 PASSED IN MVC NO.567/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MACT, HUNSUR, AWARDING COMPENSATION OF RS.2,50,000/- WITH INTEREST AT 6 PERCENT P.A FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Page No.2 is retyped and replaced vide chamber order dated: 04.03.2026. - 3 - HC-KAR NC: 2025:KHC:39375 MFA No. 4490 of 2020 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.567/2016 dated 25.11.2019 by the Senior Civil Judge, JMFC and MACT, Hunsur, whereby the Tribunal had held that the Insurance Company is liable to pay the compensation, the Insurance Company is before this Court. 2. The claim petition is filed seeking compensation of an amount of Rs.9,30,000/- for the death of the deceased in a road traffic accident. It is the case of the claimant that on 10.09.2015 at about 4.30 pm., the husband of the claimant was proceeding on the left side of the road from Chilkunda to Hosakoppala. The rider of the motor bike drove the same in a rash and negligent manner and hit the deceased from the back side. Due to the impact, the deceased sustained grievous injuries to his head and become unconscious. Immediately, he was taken to General Hospital, Hunsur and then to Brindavana Hospital, Mysuru for higher treatment where he succumbed to injuries. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:39375 MFA No. 4490 of 2020 SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 1,80,000/- 2. Loss of consortium : Rs. 40,000/- 3. Transport and funeral expenses : Rs. 15,000/- 4. Loss of estate : Rs. 15,000/- TOTAL : Rs. 2,50,000/- 3. Learned counsel appearing for the appellant/ Insurance Company submits that when the driver of the offending vehicle was not having a driving license, the law laid down by the Hon’ble Apex Court in the case of National insurance co. Ltd. V. Swaran singh and others1 the principle of pay and recover will apply, however, the Tribunal had fixed the liability only on the Insurance Company. It is submitted that Section 181 of the Motor Vehicles Act, 1988 clearly shows that in contravention of Section 3 and 4 of the Motor Vehicles Act, if any person drives a vehicle that will leads to criminal consequences. It is submitted that even the ARTO was examined before the Tribunal, inspite of that the Tribunal had not considered the evidence and applied the principle of pay the recover. 1 2004 ACJ 1 - 5 - HC-KAR NC: 2025:KHC:39375 MFA No. 4490 of 2020 4. R1(a) to (d) are represented by the learned counsel Sri. Prithviaraj B.N., but there is no representation on their behalf. R2 is represented by the learned counsel Sri. N. Shivakumar, there is no representation on his behalf. Respondent No.3 is served and unrepresented. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that it is the case of the Insurance Company that the charge sheet is filed under Section 181 of the Motor Vehicles Act, 1988 and they have examined the ARTO, inspite of the same, the Tribunal has not considered the fact that there is no driving license. It is also stated that they have issued a notice to the owner of the offending vehicle to place the driving license, inspite of the same the Tribunal had not applied the principle of pay and recover. This Court had perused the order as well as the submission of the learned counsel appearing for the Insurance Company. Considering that the charge sheet is filed under Section 181 of the Motor Vehicles Act, 1988 and also considering the evidence of the ARTO, the driver of the offending vehicle was not having a valid driving license, the - 6 - HC-KAR NC: 2025:KHC:39375 MFA No. 4490 of 2020 principle of pay and recover will apply and the Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. 6. Accordingly, the appeal of the Insurance Company is allowed. i) The amount in deposit shall be forthwith transferred to the Tribunal. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. iv) The Insurance Company shall deposit the amount 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 2