- 1 - HC-KAR NC: 2025:KHC:37690 MFA No. 4507 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4507 OF 2021 (MV-D) BETWEEN: THE MANAGER NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE, KASTURI MANSION M G ROAD, BEHIND KRISHNA TALIKIES TUMKUR -572101 NOW REP BY ITS REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M G ROAD, BENGALURU-560001 REP. BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. A.M. VENKATESH., ADVOCATE) AND: 1. SRI CHANDRASHEKaR D/O PEDDANNA @ PADDANNA 47 YEARS R/AT ARAKERE VILLAGE KASABA HOBLI 572101 TUMAKURU TALUK, TUMAKURU DISTRICT 2. MUTHYALAKKA D/O PEDDANNA @ PADDANNA 42 YEARS R/AT ARAKERE VILLAGE KASABA HOBLI-572101 TUMAKURU TALUK TUMAKURU DISTRICT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37690 MFA No. 4507 of 2021 3. NAGARJUNA T P S/O PEDDANNA @ PADDANNA 40 YEARS R/AT ARAKERE VILLAGE KASABA HOBLI-572101 TUMAKURU TALUK TUMAKURU DISTRICT 4. SRI SALMAN KHAN R M S/O MAHABOOB KHAN 23 YEARS MALLESHA EXTENSION AKKIRAMPURA VILLAGE HOLAVANAHALLI HOBLI, KORATAGERE TLAUK TUMAKURU DISTRICT -572121 (OWNER OF THE VEHICLE HONDA PASSAIN PRO M/B BEARING NO.KA-64/R-0976) …RESPONDENTS (BY SRI. RAMESHA S.N., ADVOCATE FOR R1 TO R3; R4 - SALMAN KHAN R.M - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2021 PASSED IN MVC NO. 608/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS. 3,91,800/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF THE PETITION TILL REALIZATION OF ENTIRE AMOUNT. THIS APPEAL, COMING ON FOR ORDERS, 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.608/2019 dated 07.04.2021 by the VI Additional District Judge and MACT, - 3 - HC-KAR NC: 2025:KHC:37690 MFA No. 4507 of 2021 Tumakuru whereby the Tribunal had granted compensation of an amount Rs.3,91,800/- and also fixed a liability on the Insurance Company, the Insurance Company is before this Court. 2. The claim petition is filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.20,00,000/-. 3. The brief facts of the case are that on 31.12.2018 at about 6.00 a.m. when the deceased was proceeding by walk as usual on the extreme end of left side on the road at that time rider of Honda Passion Pro motorbike came in high speed in a rash and negligent manner and dashed to the deceased and caused the accident. Due to which the deceased fell down on the road and sustained severe injuries all over his body. Immediately the deceased was shifted to the Government Hospital, Tumakuru but on the way the deceased succumbed to the injuries sustained in the accident. 4. The Tribunal had granted the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:37690 MFA No. 4507 of 2021 Heads Compensation Awarded 1. Funeral expenses and transportation of dead body Rs. 15,000/- 2. Loss of dependency Rs. 3,46,800/- 3. Loss of love and affection (Rs.5,000x3) Rs. 15,000/- 4. Loss of Estate Rs. 15,000/- TOTAL Rs. 3,91,800/- 5. Learned counsel appearing for the Insurance Company submits that when the driver of the offending vehicle was not having a valid driving licence as on the date of the accident, the Tribunal ought to have applied the principle of Pay and Recover. But in this case, the tribunal had failed to apply the principle of Pay and Recover. It is submitted that when the claimants are not dependents upon the deceased, the Tribunal ought not to have deducted one-third. It is submitted that on these counts, the award passed by the tribunal needs to be interfered. 6. Learned counsel appearing for the respondents/claimants submits that the Tribunal had rightly granted the compensation and no interference is called for. - 5 - HC-KAR NC: 2025:KHC:37690 MFA No. 4507 of 2021 7. Having heard learned counsels on either side, perused the materials on record. The Tribunal had observed that the driver of the offending vehicle is not having a valid driving license. But however, the principle of Pay and Recover was not applied. In the considered opinion of this Court, the law laid down by the Hon'ble Apex Court in the case of 1Swaran Singh and Others is applicable to this case and the Insurance Company is liable pay and recover the same from the owner of the vehicle. 8. Coming to the compensation, this Court has perused the award passed by the Tribunal. On all counts, no interference is called for. 9. Accordingly, the appeal of the Insurance Company is partly allowed by applying the principle of pay and recover and the Insurance Company shall pay the amount and recover the same from the owner of the vehicle. 1 (2004) 3 SCC 297 - 6 - HC-KAR NC: 2025:KHC:37690 MFA No. 4507 of 2021 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The Insurance Company shall pay the compensation to the claimant and recover the same from the owner of the vehicle. iii. The respondent-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. 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. v. No costs. vi. All Pending I.As in the appeal, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ CT: BHK