- 1 - HC-KAR NC: 2025:KHC-D:9162 MFA No. 21945 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.21945 OF 2013 (MV-I) BETWEEN: THE NATIONAL INSURANCE CO.LTD., BRANCH ASHOK NAGAR NIPPANI, REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE AT "PRABHU BUILDING", RAMADEV GALLI, BELGAUM. …APPELLANT. (BY SRI SURESH S. GUNDI, ADVOCATE) AND: 1. MASTER HEMANTH S/O PRAKASH MORE AGE: 13 YEARS, OCC: STUDENT, R/O: VIKRAMAPUR, MINOR, REP. BY M/G FATHER, PRAKASH S/O ABASAB MORE, R/O: VIKRAMPUR, ATHANI, DIST: BELGAUM. 2. VENKATESH S/O GOVIND KULKARNI AGE: 35 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: SATTI VILLAGE, TQ: ATHANI, DIST: BELGAUM. …RESPONDENTS (BY SRI RAMACHANDRA A. MALI, ADVOCATE, FOR R.2; R-1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 29.11.2012, PASSED IN MVC NO.1175/2011, ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, ATHANI, BY ALLOWING THIS APPEAL AND ETC.,. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9162 MFA No. 21945 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the insurance company challenging the judgment and award dated 29.11.2012, passed by the Fast Track Court, Athani, in MVC No.1175/2011, questioning the liability fastened on it to pay compensation. 2. Heard the arguments and perused the material placed before the Court. 3. In the present case the rider of the motorcycle who has caused the accident did not have driving licence. The charge sheet is filed to the effect that the rider of the motorcycle did not possess driving licence. Therefore, the insurance company has proved that the rider of the motorcycle did not have driving licence to ride the motorcycle. Therefore, the insurance company has proved its contention that the rider of the offending motorcycle did not possess driving licence. Therefore, the insurance - 3 - HC-KAR NC: 2025:KHC-D:9162 MFA No. 21945 of 2013 company is liable to be exonerated and owner of the vehicle shall pay compensation to the claimant. 4. However, the claimant is a third party as he was hit by the motorcycle. The insurance company is able to establish the defence as per sub-section (2) of section 149 of M.V.Act. Hence as per sub-section (1), (5) and (7) of section 149 of the M.V.Act, and also as per the principle of law laid down by the Hon’ble Supreme Court in the cases of Pappu and Others vs. Vinod Kumar Lamba and another reported in (2018) 3 SCC 208; National Insurance Company Limited vs. Swaran Singh and others reported in (2004) 3 SCC 297; and also as per the Full Bench decision of this Court in the case of New India Assurance Company Limited vs. Yellavva and another reported in 2020 ACJ 2560, the insurance company shall satisfy the claim at the first instance to the claimant and then recover it from the owner of the offending vehicle. However, the insurance company is at liberty to file execution petition before the - 4 - HC-KAR NC: 2025:KHC-D:9162 MFA No. 21945 of 2013 jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in Oriental Insurance Co. Ltd., vs. Nanjappan and others, reported in 2004 AIR SCW 952. 5. Therefore, the insurance company of the motorcycle shall pay compensation to the claimant at the first instance and then recover it from the owner of the motorcycle. 6. Hence, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 29.11.2012, passed by the Fast Track Court, Athani, in MVC No.1175/2011, stands modified holding that the owner of - 5 - HC-KAR NC: 2025:KHC-D:9162 MFA No. 21945 of 2013 motorcycle shall pay compensation to the claimant. iii) The liability fastened on the insurance company to pay compensation is set aside. iv) The insurance company shall satisfy the claim at the first instance to the claimant and then recover it from the owner of the offending vehicle. v) The insurance company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in Oriental Insurance Co. Ltd., vs. Nanjappan and others, reported in 2004 AIR SCW 952. - 6 - HC-KAR NC: 2025:KHC-D:9162 MFA No. 21945 of 2013 vi) Remaining observations and findings of the tribunal are left undisturbed. vii) The amount in deposit shall be transmitted to the tribunal. viii) Send a copy of this judgment and award to the tribunal. ix) No order as to costs. x) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK. List No.: 1 Sl No.: 75