- 1 - HC-KAR NC: 2026:KHC:19851 MFA No. 8672 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8672 OF 2024 (MV-I) BETWEEN: SMT. REKHA W/O B. RAMALINGAPPA, AGED ABOUT 45 YEARS, OCC: MILK BUSINESS, R/O ARASANALU VILLAGE, HARAPANAHALLI TALUK - 583 213. PRESENTLY RESIDING AT : LADVA BEEDI, HARIHARNAGAR, DAVANGERE DISTRICT - 577 601. …APPELLANT (BY SRI. MARUTHI G.B, ADVOCATE) AND: 1. BHARAMAPPA S/O HALAPPA, AGED ABOUT 56 YEARS, APPE AUTO DRIVER BEARING REG. NO.KA- 17-D-0717, R/O GANGATTE VILLAGE, KUDLIGI TALUK, BELLARY DISRICT - 583 135. 2. TALAVARA MUGAPPA S/O FAKEERAPPA, R/O NO. 103, NILAMBAGERE VILLAGE, KUDLIGI TALUK, BELLARY DISTRICT - 583 135. 3. THE MANAGER CHOLAMANDALAM INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, GOKUL ROAD, HUBBALI - 580 030. POLICY NO.3368/00934135/000/00. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R3; R1 AND R2 SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19851 MFA No. 8672 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.09.2024 PASSED IN MVC NO. 170/2018 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND MACT-VIII, HARIHAR PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 23.09.2024 passed by the Senior Civil Judge and VIII MACT, Harihar (hereinafter referred to as "the Tribunal") in MVC No.170 of 2018. 3. Injured claimant met with an accident on 20.08.2017 and filed claim petition claiming compensation of Rs.5,00,000/-. The Tribunal considered the entire evidence on record and granted global compensation of ₹30,000/- with interest at the rate of 6% per annum from date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:19851 MFA No. 8672 of 2024 4. Aggrieved by the said order, the claimant/petitioner has preferred this appeal and mainly contended that, the petitioner along with her husband were waiting for the bus. At that time, the driver of the Autorickshaw bearing registration No.KA-17-D-0717 stated that he is going to Ujjaini village. Accordingly, they boarded the Auto. But as the driver has driven the Auto in a high speed and in a rash and negligent manner, it turned turtle. As a result, the petitioner and other passengers sustained injuries, the petitioner spent ₹50,000/- for treatment. Petitioner was doing milk business and earning ₹15,000/- to ₹20,000/- per month. But the Tribunal granted meagre amount of Rs.30,000/- as global compensation and thus requested for enhancement of the compensation under various heads. 5. From the perusal of records it is noticed that, as per Exhibit P.6-wound certificate, petitioner sustained pain over right hand and left finger which are simple in nature. The Tribunal rightly considered the injuries and granted - 4 - HC-KAR NC: 2026:KHC:19851 MFA No. 8672 of 2024 ₹30,000/- global compensation with interest @6% p.a. from the date of petition till realisation. Therefore, this Court finds no reason to interfere with the said order. The petitioner is a gratuitous passenger and thus, exonerated the Insurance Company from payment of the compensation and directed the Respondent No.2- owner of the vehicle to deposit the money as it is a case of no permit. But the owner of the Autorickshaw had insured the vehicle and the insurance was in existence as on the date of accident, but there was no permit. 6. As this matter pertains to permit violation, this court finds it reasonable to invoke the principle of "pay and recover" as per the judgment of the Hon'ble Apex Court in the case of Pappu & Others v. Vinod Kumar Lamba & Another reported in (2018) 3 SCC 208. Therefore, the respondent No.3/Insurance Company is directed to deposit the compensation amount. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on it. The respondent No.3-Insurance - 5 - HC-KAR NC: 2026:KHC:19851 MFA No. 8672 of 2024 Company is at liberty to recover the amount from the respondent No.2/owner of the vehicle by due process of law. Accordingly, the appeal is allowed in part. Sd/- (P SREE SUDHA) JUDGE RS List No.: 1 Sl No.: 6