- 1 - HC-KAR NC: 2026:KHC:16726 MFA No. 2037 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2037 OF 2024 (MV-I) BETWEEN: SRI P KAPANAIAH S/O PUTTAPPA AGED ABOUT 85 YEARS R/O SASALU VILLAGE KIKKERI HOBLI K.R. PETE TALUK MANDYA DISTRICT PIN: 571426 …APPELLANT (BY SRI. PARAMESHWARAPPA M V., ADVOCATE) AND: 1. SMT PUTTALAKSHAMAMMA W/O PUTTEGOWDA AGED ABOUT 65 YEARS R/O AKKIHEBBALU VILLAGE AKKIHEBBALU HOBLI, K.R. PETE TALUK PIN: 571 426 2. THE BRANCH MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., NO.363, SRI HARI COMPLEX, SEETAVILASA ROAD, MYSURU-570 024. …RESPONDENTS (BY SRI. VASU K., ADVOCATE FOR R1, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16726 MFA No. 2037 of 2024 SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.09.2020 PASSED IN MVC NO. 39/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R. PET, AWARDING COMPENSATION OF RS. 2,28,300/- IS AWARDED TO THE PETITIONER. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.09.2020 passed in MVC No. 39/2009 on the file of the Senior Civil Judge and JMFC, K.R. Pet, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The Injured claimant met with an accident on 01.09.2008 and filed claim petition claiming compensation of Rs.8,54,000/-. The Tribunal considering the entire evidence on - 3 - HC-KAR NC: 2026:KHC:16726 MFA No. 2037 of 2024 record granted an amount of Rs.2,28,300/- with interest at the rate of 6% from the date of petition till deposit. 4. The Tribunal held that the Insurance Company was not liable to pay the compensation and directed the owner of the vehicle to deposit the amount within two months. Aggrieved by the said order, the claimant preferred an appeal in MFA No.4770/2020 which was partly allowed by the co- ordinate bench on 21.07.2025. In the said order, the principle of “pay and recovery” was invoked and the Insurance Company was directed to deposit the compensation. The compensation amount was also enhanced to Rs. 2,71,800/-, with a liberty to the Insurance Company to recover the same from the owner of the vehicle. The owner of the vehicle also preferred this appeal, the issues raised in both the MFAs are to be heard together and disposed of by a common judgment. However, in the present case, the said issue has already been decided by the Co-ordinate bench and Insurance company already had granted liberty to recover the amount from the owner of the vehicle. - 4 - HC-KAR NC: 2026:KHC:16726 MFA No. 2037 of 2024 Therefore, this appeal is devoid of merits and is dismissed. In view of the orders passed in MFA No.4770/2020, the amount already in deposit is to be transferred to MACT. The owner of the vehicle already deposited the amount before the tribunal and that amount may be refunded to the Insurance Company and also Rs.25,000/- the statutory amount already deposited, is also to be transferred to MACT. The Insurance Company shall deposit balance amount, in view of the enhancement of compensation and they are at liberty to recover the balance amount from the owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 61