- 1 - HC-KAR NC: 2025:KHC:52938 MFA No. 7328 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 7328 OF 2015 (MV-I) BETWEEN: SANJAY KUMAR, S/O MARISWAMY @ GUNDAPPA, AGED ABOUT 15 YEARS,MINOR, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MARISWAMY @ GUNADAPPA, R/AT HOMBAIAHNADODDI KASABA HOBLI, RAMANAGARA TALUK, AND DISTRICT – 562 159. …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. PUTTASWAMY, S/O CHOWDIAH, THOREDODDI VILLAGE, ITTAMADU POST, BIDADI HOBLI, RAMANAGAR TALUK & DISTRICT – 562 109. 2. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., NO 2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX, CHURCH ROAD, CHANNAPATNA TOWN – 562 160. …RESPONDENTS (BY SRI. S.T. RAJASHEKARA, ADVOCATE FOR R2; V/O DATED 14.07.2021 NOTICE TO R1 IS DISPENSED WITH) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52938 MFA No. 7328 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2015 PASSED IN MVC NO.246/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, 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 T.M.NADAF ORAL JUDGMENT This appeal is by claimant, arising out of judgment and award dated 04.08.2015 in MVC.No.246/2013, passed by the Additional Senior Civil Judge, Ramanagara, (‘Tribunal’ for short), seeking for enhancement and also on liability to pay compensation. 2. The date of accident, involvement of vehicle, injuries to the claimant are not in dispute. The only dispute is with regard to liability to pay compensation. The Tribunal has held that the rider of the motorcycle was not holding any valid and effective license as on the date of accident, and fastened the entire liability on the owner of the offending vehicle to pay the compensation. This appeal is on twin grounds (a) on - 3 - HC-KAR NC: 2025:KHC:52938 MFA No. 7328 of 2015 liability to pay the compensation and (b) enhancement of compensation. 3. Heard Sri.Shantharaj.K, learned counsel appearing for appellant and Sri.S.T.Rajashekara, learned counsel appearing for respondent No.2/insurer. Vide order dated 14.07.2021, notice of this appeal to respondent No.1 is dispensed with. 4. Sri.Shantharaj.K, taking this Court through the judgment and award submits that the accident has occurred on 02.10.2012. The claimant has sustained two fractures to the left leg “(L) Calcaneum Comminuted (L) Lateral Malleolus”. The claimant was just 13 years as on the date of accident. The Tribunal has awarded just a meager compensation of Rs.41,600/- along with 6% p.a., to the claimant from the date of petition till realization. This award by the Tribunal compared to injuries and the length of treatment undergone by the claimant is meager, that apart, the Tribunal on the ground that the rider of the motorcycle was not holding effective and valid driving license, fastened the entire liability on the owner, exonerating the respondent No.2-insurer absolute. - 4 - HC-KAR NC: 2025:KHC:52938 MFA No. 7328 of 2015 5. In view of settled position of law by the Hon'ble Apex Court in the case of PAPPU DEO YADAV Vs. NARESH KUMAR AND ORS in Civil Appeal No.2567/2020 dated 17.09.2020, the insurer is primarily liable to pay compensation, with liberty to recover the same and sought to allow the appeal. 6. In contrast, Sri.S.T.Rajashekara, supported the judgment and award and submits that as on the date of accident, the Tribunal has passed the order on the basis of prevailing judgment of by the Hon'ble Apex Court and as well as this Court at the relevant point of time. So far as quantum is concerned, the Tribunal after going through the wound certificate, considering the year of accident has awarded appropriate compensation, the award therefore, on either grounds raised does not call for any interference and accordingly, sought for dismissal of the appeal. 7. It is not in dispute that the accident has occurred in the year 2012. The Hon'ble Apex Court in PAPPU DEO YADAV stated supra has held that in a case of breach of license conditions, since the claim petitions are under the beneficial - 5 - HC-KAR NC: 2025:KHC:52938 MFA No. 7328 of 2015 legislation, the insurance company is primarily liable to pay the compensation with liberty to recover the same, applying the law to the case on hand, exonerating the insurer absolute, is modified and the insurer is made primarily liable to pay the compensation with liberty to recover the same from the respondent No.1-owner of the vehicle. 8. So far as quantum of compensation is concerned, as rightly submitted by Sri.Shantharaj.K, the Tribunal has ignored the injuries and the length of treatment taken by the claimant. The compensation awarded is very meager when compared to the injuries. Considering the same, instead of awarding compensation under each head, a global compensation of Rs.40,000/- if awarded in addition would meet the ends of justice, accordingly the same is awarded. 9. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 04.08.2015 in MVC.No.246/2013 passed by the Additional Senior Civil Judge, Ramanagara, is hereby modified. - 6 - HC-KAR NC: 2025:KHC:52938 MFA No. 7328 of 2015 iii) Respondent No.2-insurer is primarily made liable to pay the compensation with liberty to recover the same from the owner of the vehicle. iv) The compensation awarded by the Tribunal is re-determined at Rs.81,600/- which shall carry interest at the rate of 6% p.a., from the date of petition till its realization. v) The respondent No.2-insurer shall deposit entire re-determined compensation along with interest before the concerned Tribunal within 6 weeks from the date of receipt of copy of this order. vi) Upon deposit the Tribunal shall release entire amount in favour of applicant/claimant on proper identification. Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 15 ct-vn