- 1 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103440 OF 2024 (MV-D) BETWEEN: 1. SMT. SAROJAMMA W/O LATE VENKATESH GOLLAR, AGE. 41 YEARS, OCC. HOUSEWIFE, 2. SUBBAREDDI S/O LATE VENKATESH GOLLAR AGE. 28 YEARS, OCC. NIL, 3. MAHESH S/O LATE VENKATESH GOLLAR AGE. 21 YEARS, OCC. STUDENT, 4. RANGAMMA W/O RAMANJANEYA AGE. 74 YEARS, OCC. NIL ALL ARE R/O. NAGESHANAHALLI BUDUGUMPA, KOPPAL, NOW R/AT HOSALLI ROAD, NEAR KANAK CIRCLE GANGAVATHI, KARNATAKA 583228. …APPELLANTS (BY SMT. SOUBHAGYA S. VAKKUND, ADV) AND: 1. RAMESH S/O LATE VENKATESH GOLLAR AGE. 23 YEARS, OCC. RIDER CUM OWNER OF HERO HF DELUXE MOTOR CYCLE BEARING ITS REGD NO KA-37/K9626 R/O. VTC, NAGESHANAHALLI, PO BUDUGUMPA, DISTRICT KOPPAL, STATE KARNATAKA 583228. 2. THE MANAGER LEGAL, TATA AIG INSURANCE COMPANY LIMITED, BRANCH OFFICE, CTS NO 477/1, MN-1, 1ST FLOOR, HALLMARK BUILDING, DESAI CROSS, PINTO ROAD, HUBBALLI 580020, DIST. DHARWAD. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADV FOR R2, NOTICE TO R1 IS SERVED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.09 12:04:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.06.2024 PASSED IN MVC NO.51/2023 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, (SITTING AT GANGAVATHI), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous First Appeal is filed by the petitioners, challenging the judgment and award dated 13.06.2024 passed in MVC No.51/2023 by the learned Additional District and Sessions Judge, Presiding Officer, M.A.C.T., Koppal (sitting at Gangavathi), (for short ‘the Tribunal’). 2. Brief facts leading rise to the filing of this appeal are as follows: - 3 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 On 03.09.2022, one Venkatesh was proceeding on a motorcycle bearing registration No.KA-37/EK-9626 as a pillion rider. Respondent No.1 was riding the said vehicle in a rash and negligent manner and dashed to the Dambar bridge. As a result, Venkatesh fell down, sustained grievous injuries and succumbed to the injuries during the treatment. The petitioners, being the legal representatives, filed a claim petition under Section 166 of the M.V.Act, 1988, seeking compensation on account of the death of Venkatesh in the motorcycle accident. 3. Though the notice was served to the respondent- owner, he remained unrepresented and was placed ex- parte. The Insurance Company filed a statement of objections denying the averments made in the claim petition and contended that the rider of the motorcycle was not possessing a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company. - 4 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 4. The Tribunal, based on the pleading of the parties, framed the relevant issues. 5. To substantiate their case, petitioner No.1 was examined as PW-1, one witness as PW-2 and 16 documents were marked as Ex.P1 to P16. In rebuttal, an officer of the Insurance Company was examined as RW-1 and 6 documents were marked as Ex.R1 to R6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and awarded compensation of Rs.20,82,500/- with interest, directing the owner of the offending motorcycle to deposit the amount with interest and dismissed the claim petition against the Insurance Company. 6. The petitioners, being aggrieved by the impugned Judgment and award, filed this Miscellaneous First Appeal. 7. Heard the arguments of the learned counsel for the petitioners and the Insurance Company. - 5 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 8. Learned counsel for the petitioners submit that, in case the rider of motorcycle was not having a valid and effective driving license as of the date of the accident, the Tribunal should have directed the Insurance Company to pay and recover the same from the owner of the vehicle. She submits that the Tribunal committed an error in not directing the Insurance Company to pay and recover the same. Hence, on these grounds, she prays to allow the appeal. 9. Per contra, learned counsel for the Insurance Company submits that admittedly the rider of the motorcycle was not possessing a valid and effective driving license as of the date of the accident. He submits that there is a breach of policy conditions and that the Tribunal was justified in dismissing the claim petition against the Insurance Company. He further submits that only in exceptional cases the Court can direct the Insurance Company to pay and recover the same. Hence, he submits that the Tribunal was justified in directing the owner of the - 6 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 motorcycle to deposit the compensation amount. Accordingly, he prays to dismiss the appeal. 10. Perused the records and considered the submissions of the learned counsel for the parties. 11. There is no dispute about the occurrence of accident and death of the deceased Venkatesh in the road traffic accident. Admittedly, the Tribunal, relying upon Ex.P3 i.e. the certified copy of the charge sheet, has rightly recorded the findings that the accident occurred due to the rash and negligent riding of the rider of the motorcycle. 12. Admittedly, the vehicle was insured with the Insurance Company. The rider of the motorcycle was not possessing a valid and effective driving license as of the date of the accident. The Insurance Policy was in force on the date of the accident. The Insurance Company is liable to indemnify the owner of the offending vehicle and recover the same from the owner of the motorcycle. The said aspect was not considered by the Tribunal and committed an error - 7 - HC-KAR NC: 2025:KHC-D:11087 MFA No. 103440 of 2024 in not directing the Insurance Company to deposit the compensation and recover the same from the owner of the vehicle. 13. In view of the above discussion, I proceed to pass the following: ORDER (i) The Appeal is allowed in part. (ii) The Judgment and award passed in MVC No.51/2023 dated 13.06.2024 by the learned Additional District and Sessions Judge, Presiding Officer, M.A.C.T., Koppal, is modified. (iii) The Insurance Company is directed to deposit the compensation amount awarded by the Tribunal and recover the same from the motorcycle in accordance with law. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 22