- 1 - HC-KAR NC: 2025:KHC:36398 MFA No. 6755 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6755 OF 2021 (MV-I) BETWEEN: H.P.SURESH S/O PUTTACHANNAPPA AGED ABOUT 35 YEARS R/AT 3RD CROSS, HOSHALLI MANDYA CITY-571 405 …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. RAVI S/O CHALUVARAJU MAJOR R/AT KIRAGAVALU VILLAGE MALAVALLI TQ MANDYA DISTRICT-571 424 2. THE MANAGER CHOLAMANDALAM M/S GENERAL INS. CO.LTD., SIGMA COMPLEX, 1ST FLOOR NO.1, NEW KANTHARAJ URS ROAD KUVEMPU NAGAR MYSORE-570 023 …RESPONDENTS (BY SRI. SRINIVAS V., ADVOCATE FOR R1 SRI B.PRADEEP, ADVOCATE FOR R2) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 24.08.2018 PASSED IN MVC NO.1192/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36398 MFA No. 6755 of 2021 THIS APPEAL, 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 to MVC.No.1192/2016 dated 24.08.2018 by the Prl. Senior Civil Judge and CJM, Mandya, whereby the Tribunal had fixed the liability on the owner of the vehicle, the claimant is before this court questioning the liability. 2. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident occurred on 07.06.2016 and the tribunal had granted compensation of an amount of Rs.3,95,602/- at 6% interest per annum. 3. Learned counsel appearing for the appellant submits that even if there is violation of the terms and conditions of the policy and even if the driver of the offending vehicle is not having a valid driving license, as the appellant being a third party to the insurance, in the light of the law laid down in the case of National Insurance Co. Ltd. Vs. Swaran Singh & - 3 - HC-KAR NC: 2025:KHC:36398 MFA No. 6755 of 2021 others1, the principle of pay and recover will apply and the insurance company shall pay the amount and recover the same from the owner of the vehicle. But unfortunately, in this case, the tribunal had fixed the liability against the owner of the vehicle alone. As such, there may be an order of pay and recover. 4. Learned counsel appearing for the respondent/ insurance company submits that the Tribunal had rightly fixed the liability on the owner of the vehicle as it is a case where there is no driving license. It is a fundamental breach of the terms and conditions of the policy, as such, the principle of pay and recover will not apply and the insurance company is not liable to pay the compensation. 5. Having heard the learned counsels on the either side, perused the entire material on record. In the light of the law laid down in Swaran Singh’s case referred supra the appellant being a third party to the insurance policy and the principle of pay and recover will apply. 1 2004 (3) SCC 297 - 4 - HC-KAR NC: 2025:KHC:36398 MFA No. 6755 of 2021 i. Accordingly, the appeal of the claimant is Allowed holding that the insurance company shall pay the amount and recover the same from the owner of the vehicle. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 29