- 1 - HC-KAR NC: 2025:KHC:35226 MFA No. 5544 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5544 OF 2023 (MV-I) BETWEEN: THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE AT IX MITHRA TOWERS, 10/4 KASTURBA ROAD BENGALURU REPRESENTED BY REGIONAL OFFICE KRUSHI BHAVAN, 5TH AND 6TH FLOOR NRUPATHUNGA ROAD BENGALURU-560 001 REP BY ITS MANAGER …APPELLANT (BY SRI. JWALA KUMAR, ADVOCATE) AND: 1. SMT. MANJULA W/O LATE RAJANNA AGED ABOUT 47 YEARS 2. MR DILIP R., S/O LATE RAJANNA AGED ABOUT 26 YEARS 3. KUMARI KRUTHIKA R D/O LATE RAJANNA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35226 MFA No. 5544 of 2023 AGED ABOUT 24 YEARS RESPONDENT NO.1-3 ARE R/A N.R.N. NILAYA THIPPENAHALLI MAIN ROAD MYSURU LAMP LAYOUT CHANNANAYAKANA PALYA NAGASANDRA POST BENGALURU NORTH BENGALURU-560 073 4. M/S AKSHAYA M STAND AND STONE CRUSHER HOSAHALLI, KORA HOBLI TUMAKURU-572 130 …RESPONDENTS (BY SRI. JAGADEESH H T., ADVOCATE FOR R1 TO R3 R4- SERVED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:15.02.2023 PASSED IN MVC NO.2689/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11), AWARDING COMPENSATION OF RS.13,77,636/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:35226 MFA No. 5544 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC No.2689/2022 dated 15.02.2023 by the I Addl. Small Causes Judge & MACT, Bengaluru, the insurance company is before this court questioning the award on the ground that the owner of the offending vehicle has produced the fake driving license and after the disposal of the case they came to know that the said driving license is a fake license as such the insurance company is not liable to pay the compensation. 2. Learned counsel appearing for the respondent submits that the principle of pay and recover will apply and without examining the concerned, this court cannot give a finding that the driving license that is placed before the court is a fake document. 3. Hence, considering the application that is filed before this court, this court deems it appropriate to set aside the award and remand the matter to the tribunal. - 4 - HC-KAR NC: 2025:KHC:35226 MFA No. 5544 of 2023 i. Accordingly, the award passed in MVC.No.2689/2022 dated 15.02.2023 by the I Addl. Small Causes Judge & MACT, Bengaluru is set aside as far as the issue of driving license and remanded back to the tribunal for fresh consideration. ii. The insurance company shall adduce the necessary evidence on the limited issue of whether the driving license produced is a genuine document or not. iii. Though notice is served on the owner of the vehicle, he has not appeared before the court. iv. The insurance company without further notice, shall appear before the tribunal on 22.09.2025 and shall adduce the evidence with regard to this and the court shall decide the same within a period of one month from the date of receiving the copy of the order. v. Amount in deposit shall be forthwith transferred to the tribunal and the same shall be deposited in a FD. vi. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. - 5 - HC-KAR NC: 2025:KHC:35226 MFA No. 5544 of 2023 vii. Accordingly, the appeal is Allowed. viii. No Costs. ix. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 21