- 1 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 4894 OF 2023 (MV-D) BETWEEN: 1. KUMARA S/O CHIKKE GOWDA AGED ABOUT 48 YEARS 2. DODDE GOWDA S/O CHIKKE GOWDA AGED ABOUT 48 YEARS 3. NINGARAJA S/O CHIKKE GOWDA AGED ABOUT 47 YEARS 4. REVANNA S/O CHIKKE GOWDA AGED ABOUT 44 YEARS 5. GOWRAMMA W/O RAVI AGED ABOUT 41 YEARS ALL ARE R/AT MAALANAYAKANAHALLI VILLAGE, HALLIMYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT, PERMANENT R/AT HARAMBALLI VILLAGE HOSAGRAHARA HOBLI, K.R. NAGAR TALUK, MYSORE DISTRICT. …APPELLANTS (BY SRI. NARENDRA GOWDA., ADVOCATE) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 AND: 1. DEVARAJA S @ MAHADEVA S/O SRINIVASA AGED ABOUT 27 YEARS R/AT ANEKANNAMBADI VILLAGE HALLIMYSURU HOBLI, H.N. PURA TALUK, HASSAN DISTRICT. 2. MANAGER RELIANCE GENERAL INS. CO. LTD., 1ST STAGE, KRUTHIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN-573 201. …RESPONDENTS (BY SRI. CHANDRASHEKAR L., ADVOCATE FOR R1; SRI. H.C. BETRUR, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.04.2022 PASSED IN MVC NO.1266/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 ORAL JUDGMENT This appeal is filed by the claimants against the judgment and award dated 6th April 2022, passed by the Senior Civil Judge and M.A.C.T., Holenarasipura, (for short `Tribunal'), in MVC No.1266/2018, seeking for enhancement of the compensation. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. The brief facts of the case are that, on 25.08.2017, at 11.00 a.m., one Smt.Devamma met with an accident on Hassan-Mysuru road, near Bheriya, due to rash and negligent riding of the motorcycle bearing registration No.KA-13-EJ-9566. As a result, said Devamma sustained grievous injuries and while undergoing treatment, she succumbed to the injuries. 4. It is the further case of the claimants that the deceased was aged 60 years and earning Rs.10,000/- per month by doing agricultural work. Claimants are legal representatives of deceased Smt.Devamma. With these - 4 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 reasons, they prayed to award compensation of Rs.20 lakhs. 5. Respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle. The respondent No.2-insurer filed its written statement, denying the contentions of the claim petitioners. It denied its liability to pay the compensation on the ground that there was breach of conditions of the policy of insurance. With these reasons, prayed to dismiss the claim petition. 6. The Tribunal after considering the pleadings of the parties, framed necessary issues; recorded the evidence of the parties and after hearing the arguments, awarded the following amount of compensation : Particulars Amount in Rs. Loss of dependency 8,10,000/- Funeral expenses 16,500/- Loss to estate 16,500/- Loss of parental consortium to the petitioner No.1 to 5 2,20,000/- Total 10,63,000/- - 5 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 7. Heard the arguments of the learned counsel appearing for the claimants as well as learned counsel for respondents. 8. Learned counsel for the appellants fairly submits that claimants are not challenging the amount of compensation awarded by the Tribunal, but their only grievance is that the said offending motorcycle was having a valid and effective comprehensive policy of insurance. Even though rider of the motorcycle had no valid and effective driving licence, the Tribunal ought to have directed the insurer to pay the compensation and recover it from the owner of the vehicle. 9. Learned counsel for the appellants further submits that in the case of National Insurance Company Limited -vs- Swaran Singh and others,1 Pappu -vs- Vinod Kumar Lamba2 Shamanna -vs- Oriental Insurance Com Ltd.,3 1 (2004) 3 SCC 297 2 (2018) 3 SCC 208 - 6 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 and New India assurance Company Limited -vs- Yellavva and another,4 and also in the recent judgment of this Court in the case of Smt.Padma and others -vs- Monika and another, MFA.No.1299/2024 c/w. MFA.No.3997/2023, decided on 6th February 2025, it is held that, in case if rider of the vehicle had no valid and effective driving licence, then the insurer has to pay the compensation to the victim of the accident/third parties and recover it from the owner of the vehicle in an appropriate proceedings. 10. Learned counsel for the respondent-insurer contended that the rider of the motorcycle had no valid and effective driving licence. The owner inspite of appearing before the Tribunal, did not contest the matter and even had not produced the driving licence or reported to the Court that the rider of the motorcycle had no valid and effective driving licence. Considering the charge sheet 3 (2018) 9 SCC 650 4 2020 ACJ 2560 - 7 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 and its enclosures, the Tribunal held that the rider of the offending motorcycle had no valid and effective driving licence, therefore, the owner of the vehicle shall pay the compensation. It is further contended that the insurer has to unnecessarily pay the interest on the amount and it is difficult for the insurance company to recover it from the owner of the vehicle and even the owner had not challenged the award passed by the Tribunal. Under these circumstances, the appeal is not maintainable and prays to dismiss the appeal. 11. From the date of judgment rendered in Swaran Singh's case till the date of judgment passed in Smt.Padma's case (cited supra), it is the consistent decision of the Hon'ble Apex Court, as well as this Court that, in case if driver of the offending vehicle had no valid driving license and if the said vehicle is insured, then the insurer shall pay compensation to third party/claimants and insurer is at liberty to recocer the same from the owner of the vehicle. - 8 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 12. The same principle applies to the facts of the present case. Therefore, without much discussion, it can be safely held that the insurer shall pay the amount of compensation and it is at liberty to recover it from the owner of the vehicle. 13. For the aforesaid discussions, the appeal deserves to be allowed. Accordingly, I proceed to pass the following: ORDER i) The Appeal is allowed. ii) The judgment and award dated 6th April 2022, passed in MVC.No.1266/2018, by the Senior Civil Judge and M.A.C.T., Holenarasipura, stands modified; iii) The insurer is liable to pay the compensation along with interest and it is at liberty to recover it from the owner of the vehicle in an appropriate proceedings initiated on the basis of the decree passed in this case. - 9 - HC-KAR NC: 2025:KHC:51246 MFA No. 4894 of 2023 As ordered by this Court, while allowing the application filed under Limitation Act, the claimants are not entitled to interest for the delayed period of 374 days in filing the appeal. vi) Draw award accordingly. Registry is directed to send a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE bk List No.: 1 Sl No.: 39