- 1 - NC: 2025:KHC-D:6539 MFA No. 103258 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 103258 OF 2022 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO.LTD., CLUB ROAD, BELGAUM. …APPELLANT (BY SRI. MADHUKESHWAR DESHPANDE, ADVOCATE) AND: 1. SOU. GEETA JANU KALE, AGE 40 YEARS, OCC: COOLIE, R/O. SHANTINAGAR, UCHANGAON, TALUK: KARVEER, DIST: KOLHAPUR, MAHARASTRA STATE. 2. SRI. RAJU RAMU POWAR, AGE 40 YEARS, OCC: BUSIENSS, R/O. SHANTINAGAR, UCHANGAON, TALUK: KARVEER, DIST: KOLHAPUR, MAHARASHTRA STATE. …RESPONDENTS (BY SRI. HARISH S MAIGUR, ADVOCATE FOR R1; SRI. MAHANTESH R. PATIL, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 29.04.2022 PASSED BY THE SENIOR CIVIL JUDGE AND MACT, NIPPANI, IN MVC NO.1264/2017, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6539 MFA No. 103258 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard the arguments of the learned counsel for the appellant and both the respondents. 2. It is insurer’s appeal against the judgment and award dated 29.04.2022 passed in MVC No.1264/2017 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal, Nippani (for short, ‘the Tribunal’). 3. The parties are referred to as per their rankings before the Tribunal. 4. The only dispute is that though it was proved before the Tribunal that without valid permit, owner and driver of the offending vehicle went to the State of Karnataka beyond the permit limit and therefore insurer is not liable to pay the compensation. As rightly noted by the learned counsel for the appellant, the Tribunal in paragraphs 37 to 42 discussed regarding plying of the vehicle beyond permit limit and also referred to the judgment of full Court in the case of New India - 3 - NC: 2025:KHC-D:6539 MFA No. 103258 of 2022 Assurance Company Ltd., Bijapur Vs.Yallawwa and Others reported in ILR 2020 KAR 2239 and observed that in such an event the insurance company is to pay the compensation to the claimant and it is at liberty to recover it from the owner of the vehicle. But while passing operative portion of the order, Tribunal held that respondent Nos.1 and 2 are jointly and severally liable to pay compensation and respondent No.2 shall deposit the amount. Obviously the said finding is incorrect. The insurance company shall be directed to satisfy the compensation with a liberty to recover the same from the insurer of the vehicle i.e., respondent No.1. 5. The other findings of the Tribunal are not in dispute. Hence no need to reconsider them. With the said observation, the appeal could be disposed off. 6. Accordingly, the Court passes the following: ORDER i. Appeal is allowed in part. - 4 - NC: 2025:KHC-D:6539 MFA No. 103258 of 2022 ii. The impugned judgment and award dated 29.04.2022 passed in MVC No.1264/2017 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal, Nippani holding that respondent Nos.1 and 2 are jointly and severally liable to pay compensation is set aside. iii. Respondent No.1 is liable to pay the compensation awarded by the Tribunal. Appellant is third party and policy of insurance of the offending vehicle was in force as on the date of accident. The respondent No.2-insurer shall pay the compensation to the claimants and it is at liberty to recover the same from the owner of the vehicle, in an appropriate proceedings. iv. Remaining portion of the orders passed by the Tribunal are not disturbed. - 5 - NC: 2025:KHC-D:6539 MFA No. 103258 of 2022 v. Whatever amount deposited by the appellant shall be transmitted to the Tribunal. vi. Send copy of this judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE KGK List No.: 1 Sl No.: 53