- 1 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5072 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6993 OF 2024 (MV-I) IN MFA No. 5072/2024 BETWEEN: UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 5TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU -560 002 …APPELLANT (BY SRI. L.SREEKANTA RAO, ADVOCATE) AND: 1. THIMMARAJU AGED ABOUT 42 YEARS, S/O VENKATACHALAIAH, R/AT GANAPATHIHALLI VILLAGE, CHUNCHANAKUPPE POST, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, KARNATAKA - 562 130 2. KARIYAPPA S/O NINGAPPA, MAJOR, R/AT NO.47, KAKARAMANAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALK AND DISTRICT, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 KARNATAKA- 562 109 …RESPONDENTS (BY SRI. KAILAS SHANKAR P.S., ADVOCATE FOR R1 SRI.B.V.MANJUNATHA GPWDA, ADVOCATE FOR R2) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:01.06.2024 PASSED IN MVC NO.2259/2019 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH- 24), AWARDING COMPENSATION OF RS.3,78,665/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 6993/2024 BETWEEN: SRI.THIMMARAJU S/O. SRI.VENKATACHALALAH, AGED ABOUT 42 YEARS, R/AT GANAPATHIHALLI VILLAGE, CHUNCHANAKUPPE POST, TAVAREKERE HOBIL BANGALORE SOUTH TALUK ...APPELLANT (BY SRI. KAILAS SHANKAR P.S., ADVOCATE) AND: 1. SRI.KARIYAPPA S/O. SRI. NINGAPPA, MAJOR, R/AT NO. 47, KAKARAMANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, KRUSHI BUILDING NRUPATHUNGA ROAD, BANGALORE-560 002 ...RESPONDENTS (BY SRI.L.SREEKANTA RAO, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.06.2024 PASSED IN MVC NO.2259/2019 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-24, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2259/2019 dated 01.06.2024 by XXII Addl. SCJ & ACMM & MACT, Bengaluru, both the claimant and the insurance company is before this court. Claimants appeal is MFA.No.6993/2024 and Insurance Company’s appeal is MFA.No.5072/2024. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. On 19.10.2018 at about 9.30 pm. When the claimant was riding Honda Motorcycle at Tavarekere Hobli, at that time the rider of the Bajaj Pulsor Bike came in rash and negligent manner and dashed against the claimant’s motorcycle. Due to the impact, claimant fell down and sustained grievous injuries and the motorcycle was also badly damaged. - 4 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Suffering : Rs. 50,000/- 2. Towards conveyance, Attendant charges, food and Nourishment : Rs. 15,000/- 3. Towards loss of income during laid down period : Rs. 25,000/- 4. Future Loss of Income : Rs. 1,35,000/- 5. Medical expenses : Rs. 1,35,665/- 6. Discomfort and amenities : Rs. 20,000/- TOTAL : Rs. 3,78,665/- 4. When it comes to the liability, the Tribunal has observed that there is no dispute that offending vehicle was insured with the respondent No.2 and policy was in force as on the date of the accident. If the documents are perused more particularly, the charge sheet/Ex.P.5 shows that on investigation I.O has charge sheeted the rider of offending vehicle in addition to the offences under Section 279 and Section 338 of IPC, even for the offence under Section 181 of the MV Act. The charge sheet produced by the claimant himself shows that the driver of the offending vehicle was driving the - 5 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 vehicle without driving license. Thereby there is an admission that the driver is not having a valid driving license and Tribunal has held that the insurance company shall pay the compensation and recover the same from the owner of the vehicle. 5. Learned counsel appearing for the insurance company submits that it is a fundamental breach of terms and conditions of the policy and when there is no driving license, question of pay and recover will not arise. 6. Learned counsel appearing for the respondent/claimant submits that the tribunal had considered the judgment in the light of the law laid down by the Hon’ble Apex Court in the case of National Insurance Co. Ltd., Vs. Swaran Singh and others1. Still the insurance company is liable to pay the compensation. Then coming to the quantum, learned counsel submits that considering the injuries that are sustained by the claimant, the amount of compensation of Rs.3,78,765/- that is 1 2004 (3) SCC 297 - 6 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 granted by the tribunal is on the lower side and the same needs to be enhanced. 7. Having heard the learned counsels on either side, perused the entire material on record. The first submission of the insurance company with regard to the liability, in the light of the settled law in the case of Swaran Singh referred supra, even though there is no driving license, still the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. The tribunal had rightly applied the principle of pay and recover and this court finds no reasons to interfere. Then coming to the appeal of the claimants, as per the wound certificate/Ex.P.6 the tribunal had considered the injuries that are suffered by the claimant and under the head of pain and suffering, the tribunal has already granted an amount of Rs.50,000/- and for the hospitalisation towards incidental charges and also towards loss of income during the laid up period and on all the accounts the Tribunal had rightly granted the compensation and there are no grounds to interfere. - 7 - HC-KAR NC: 2025:KHC:43557 MFA No. 5072 of 2024 C/W MFA No. 6993 of 2024 i. Accordingly, appeal filed by the insurance company i.e. MFA.No.5072/2024 and appeal filed by the claimant MFA.No.6993/2024 are dismissed. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 4 Sl No.: 76