- 1 - HC-KAR NC: 2025:KHC:33417 MFA No. 220 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 220 OF 2020 (MV-D) BETWEEN: BRANCH MANAGER, ICICI LOMBARD GIC LTD., BRANCH OFFICE, OPPOSITE TO HIGH SCHOOL FILED P.B.ROAD, DAVANAGERE NOW REP BY ITS REGIONAL MANAGER, M/S ICICI LOMBARD GIC LTD., ICICI LOMBARD GIC LTD., #121, THE ESTATE BUILDING, 9TH FLOOR, DICKSON ROAD, BANGALORE-42 …APPELLANT (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. LAKSHMIDEVI @ LAKSHMAMMA, C/O.HALESHAPPA, AGED ABOUT 33 YEARS, R/AT DEVARABELAKERE VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT 2. BEERESHA S/O RUDRAPPA, NOW AGED ABOUT 31 YEARS, DRIVER OF THE TRACTOR, R/AT TYAVANAGI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33417 MFA No. 220 of 2020 3. RUDRAPPA S/O AAKABARPPA, NOW AGED ABOUT 63 YEARS, OWNER OF THE TRACTOR, R/AT TYAVANAGI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT …RESPONDENTS (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE FOR R1 R2 & R3 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2019 PASSED IN MVC.NO.873/2016 ON THE FILE OF THE SENIOR CIVIL AND J.M.F.C., COURT, ADDITIONAL M.A.C.T., HARIHARA, AWARDING COMPENSATION OF RS.5,00,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.873/2016 dated 29.07.2019 by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Harihara, the appellant/Insurance Company is before this Court. 2. The facts of the case are that on 29.01.2016 while the deceased was walking near temple road and she was trying to cross the road, at that point of time, the driver of Tractor drove the same in a rash and negligent manner and dashed against - 3 - HC-KAR NC: 2025:KHC:33417 MFA No. 220 of 2020 the deceased. Due to the impact, the deceased sustained grievous injuries and succumbed to the injuries on the way to hospital. 3. The vehicle that is involved in this case is the Tractor and Tribunal held that because of the rash and negligent driving of the driver of the Tractor, the deceased lost her life. The Tribunal had granted compensation of an amount of Rs.5,00,000/- and held that the Insurance Company is liable to pay the compensation. 4. Learned counsel appearing for the appellant/Insurance Company submits that the crime is registered under Sections 279, 304A read with Sections 180 and 181 of the Motor Vehicles Act which clearly shows that the driver of the offending vehicle is not having a valid driving licence to drive the vehicle. When the driver is not having the driving licence, the principle of pay and recover will apply to this case and the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. - 4 - HC-KAR NC: 2025:KHC:33417 MFA No. 220 of 2020 5. Learned counsel appearing for respondent No.1/ claimant submits that the Insurance Company is liable to pay the compensation. It is submitted that the Tribunal had rightly dealt with the issue and considering the evidence of the owner that the driver of the vehicle is one Santoshkumar H.R. who is also known as Beeresh in his village, the Tribunal had rightly held that the Insurance Company is liable to pay the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. When the owner and the driver were before the Tribunal, it is the responsibility of the owner to place the driving licence before the Court. Mere stating that he is having a driving licence and Beeresh is also known as Santoshkumar are not the reasons for the Court to say that there is driving licence. Considering the charge sheet that is filed under Section 180 and 181 of the Motor Vehicles Act, in the concerned opinion of this Court, the principle of pay and recover will apply to this case in the light of the judgment - 5 - HC-KAR NC: 2025:KHC:33417 MFA No. 220 of 2020 of the Hon'ble Apex Court in case of National Insurance Company Limited Vs. Swaran Singh and Others1. 7. Accordingly, the appeal of the appellant/Insurance Company is partly allowed by applying the principle of pay and recover. i. The Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. ii. The amount in deposit shall be forthwith transmitted to 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 MEG List No.: 2 Sl No.: 13 1 (2004) 3 SCC 297