- 1 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23535 OF 2012 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 23534 OF 2012 MISCELLANEOUS FIRST APPEAL NO. 23536 OF 2012 MISCELLANEOUS FIRST APPEAL NO. 23537 OF 2012 IN M.F.A. NO.23535 OF 2012 BETWEEN: NATIONAL INSURANCE CO. LTD., DIVISIONAL MANAGER, SHRI. KRISHNA AGENCY BUILDING, 1ST FLOOR P.B. ROAD, HAVERI. (INSURER OF MAXICAB NO:KA-25/8141) REPTD. BY REGIONAL OFFICE BY ITS ADMN. OFFICER. …APPELLANT (BY SRI S.S. JOSHI, ADVOCATE) AND: 1. PARAMESH S/O. NINGAPPA HAVERI, AGE: MAJOR, OCC: BUSINESS, R/O: KANAVALLI, TQ. AND DIST: HAVERI, (OWNER OF MAXICAB BEARING NO.KA-25/8141) 2. KUMAR. JITENDRA S/O. RAGHAVENDRA PUJAR, AGE: 7 YEARS, SINCE MINOR REPTD. BY M/G. FATHER RAGHAVENDRA S/O. KRISHNAPPSA PUJAR, AGE: 31 YEARS, OCC: BUSINESS, R/O: NAGENDRANAMATTI, TQ. AND DIST: HAVERI. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PLEASED TO ALLOW THE APPEAL AND SETTING ASIDE THE JUDGMENT AND AWARD DATED 11-05- 2012 PASSED IN MVC NO.167/2011 ON THE FILE OF FAST TRACK AND AMACT, HAVERI AT HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN M.F.A. NO.23534 OF 2012 BETWEEN: NATIONAL INSURANCE CO. LTD., DIVISIONAL MANAGER, SHRI. KRISHNA AGENCY BUILDING, 1ST FLOOR, P.B. ROAD, HAVERI. (INSURER OF MAXICAB NO:KA-25/8141) REPTD. BY REGIONAL OFFICE BY ITS ADMN. OFFICER. …APPELLANT (BY SRI S.S. JOSHI, ADVOCATE) AND: 1. PARAMESH S/O. NINGAPPA HAVERI, AGE: MAJOR, OCC: BUSINESS, R/O: KANAVALLI, TQ. AND DIST: HAVERI, (OWNER OF MAXICAB BEARING NO.KA-25/8141). 2. KUMARI. SUSHMA D/O. RAGHAVENDRA PUJAR, AGE: 12 YEARS, SINCE MINOR REPTD. BY M/G. FATHER RAGHAVENDRA S/O. KRISHNAPPA PUJAR, AGE: 31 YEARS, OCC: BUSINESS, R/O: NAGENDRANAMATTI, T Q. AND DIST: HAVERI. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PLEASED TO ALLOW THE APPEAL AND SETTING ASIDE THE JUDGMENT AND AWARD DATED 11-05- - 3 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 2012 PASSED BY THE FAST TRACK COURT AND AMACT, HAVERI, AT HAVERI, IN MVC NO.166/2011, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO. 23536 OF 2012 BETWEEN: NATIONAL INSURANCE CO. LTD., DIVISIONAL MANAGER, SHRI. KRISHNA AGENCY BUILDING, 1ST FLOOR, P.B. ROAD, HAVERI. (INSURER OF MAXICAB NO: KA-25/8141) REPTD. BY REGIONAL OFFICE BY ITS ADMN. OFFICER. …APPELLANT (BY SRI S.S. JOSHI, ADVOCATE) AND: 1. PARAMESH S/O. NINGAPPA HAVERI, AGE: MAJOR, OCC: BUSINESS, R/O: KANAVALLI, TQ. AND DIST: HAVERI, (OWNER OF MAXICAB BEARING NO.KA-25/8141) 2. SMT. MUTTAVVA W/O. RAGHAVENDRA PUJAR, AGE: 29 YEARS, OCC: SARI BUSINESS, R/O: NAGENDRANAMATTI, TQ. AND DIST: HAVERI. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PLEASED TO ALLOW THE APPEAL AND SETTING ASIDE JUDGMENT AND AWARD DATED 11-05-2012 PASSED BY THE FAST TRACK COURT AND AMACT HAVERI, AT HAVERI IN MVC NO.168/2011, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 4 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 IN M.F.A. NO.23537 OF 2012 BETWEEN: NATIONAL INSURANCE CO. LTD., DIVISIONAL MANAGER, SHRI. KRISHNA AGENCY BUILDING, 1ST FLOOR P.B. ROAD, HAVERI. (INSURER OF MAXICAB NO: KA-25/8141) REPTD. BY REGIONAL OFFICE BY ITS ADMN. OFFICER. …APPELLANT (BY SRI S.S. JOSHI, ADVOCATE) AND: 1. PARAMESH S/O. NINGAPPA HAVERI, AGE: MAJOR, OCC: BUSINESS, R/O: KANAVALLI, TQ. AND DIST: HAVERI, (OWNER OF MAXICAB BEARING NO.KA-25/8141). 2. SRI. ANNAPPA S/O. GUDDAPPA TIMMAPUR, AGE: 21 YEARS, OCC: BUSINESS, R/O: NAGENDRANAMATTI, TQ. AND DIST: HAVERI. …RESPONDENTS (NOTICE TO R1 IS SERVED; R2-HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PLEASED TO ALLOW THE APPEAL AND SETTING ASIDE THE JUDGMENT AND AWARD DATED 11-05-2012 PASSED BY THE FAST TRACK COURT AND AMACT HAVERI, AT HAVERI IN MVC NO.169/2011 IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 5 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) These appeals are filed by the Insurance Company challenging the common judgment and award dated 11.05.2012, passed in MVC Nos.166/2011, 167/2011, 168/2011 and 169/2011, on the file of District Judge, MACT (Fast Track), Haveri (for short, ‘Tribunal’), on the ground that the order of pay and recovery could not have been made. 2. Heard the arguments and perused the material placed before the Court. 3. The brief facts leading to filing of these appeals are that on 30.01.2009 at about 7.30 p.m., the petitioners were travelling in a maxicab bearing registration No.KA-25/8141 from Byadgi to Haveri as fare paid passengers and when the said maxicab was proceeding near Totadayallapur village, the driver of the said vehicle drove the same in a rash and negligent manner and dashed against a roadside tamarind tree. Due to impact, all the petitioners who were inmates of the vehicle sustained injuries and they were treated in the - 6 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 Government Hospital, Haveri and also at KIMS Hospital, Hubli. Thus, sought compensation. 4. The grounds raised in these appeals are that the driver of maxicab was not holding driving licence to drive maxicab. Therefore, the Tribunal has exonerated the Insurance Company to pay compensation to the claimants. However, order of pay and recovery is made and this is not correct. 5. Learned counsel for the appellant/Insurance Company also argued that the order of pay and recovery could not have been made when the Insurance Company is exonerated from payment of compensation to the claimants. 6. It is proved in these cases that the driver was not holding driving licence to drive maxicab. Therefore, the Insurance Company has successfully established its defence as per sub-section (2) of section 149 of M.V.Act. Under these circumstances, the Tribunal has passed order of pay and recovery that the Insurance Company to pay compensation to the claimants initially and then recover it from the owner of the maxicab. - 7 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 7. As per sub-section (1), (5) and (7) of section 149 of the M.V.Act, and also as per the principle of law laid down by the Hon’ble Supreme Court in the cases of PAPPU AND OTHERS Vs. VINOD KUMAR LAMBA AND ANOTHER reported in (2018) 3 SCC 208; NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH AND OTHERS reported in (2004) 3 SCC 297; and also as per the Full Bench decision of this Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS. YELLAVVA AND ANOTHER reported in 2020 ACJ 2560, the Insurance Company shall satisfy the claim at the first instance to the claimants and then recover it from the owner of the offending vehicle. However, the Insurance Company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in ORIENTAL INSURANCE CO. LTD., VS. NANJAPPAN AND OTHERS, reported in 2004 AIR SCW 952. - 8 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 8. Therefore, the order of pay and recovery made by the Tribunal is justified. Thus, there is no error found in the judgment and award passed by the Tribunal. Accordingly, these appeals are liable to be dismissed. Hence, I proceed to pass the following: ORDER i) The appeals are dismissed. ii) The common judgment and award dated 11.05.2012, passed in MVC Nos.166/2011, 167/2011, 168/2011 and 169/2011, on the file of District Judge, MACT (Fast Track), Haveri, is confirmed. iii) The Insurance Company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble - 9 - NC: 2025:KHC-D:1295 MFA No. 23535 of 2012 C/W MFA No. 23534 of 2012 MFA No. 23536 of 2012 MFA No. 23537 of 2012 Supreme Court in Oriental Insurance Co. Ltd., vs. Nanjappan and others, reported in 2004 AIR SCW 952. iv) Send a copy of this judgment and award to the Tribunal. v) No order as to costs. vi) The amount in deposit shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 70