- 1 - HC-KAR NC: 2026:KHC-D:2118 MFA No. 101241 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101241 OF 2022 (MV-D) BETWEEN: 1. SMT. MALLAVVA W/O. YALLAPPA RAMAPUR, AGE. 53 YEARS, OCC. HOUSEHOLD, R/O. GALAGI-HULAKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 2. BHIRAPPA S/O. YALLAPPA RAMAPUR, AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. GALAGI-HULAKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD-581204. …APPELLANTS (BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE) AND: 1. UMESH S/O. YALLAPPA MEGANI, AGE. MAJOR, OCC. BUSINESS, R/O. HASARAMBI, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 2. THE DIVISIONAL MANAGER, SHRIRAM GIC LTD., NAGARAJ HALMARK BUILDING, 2ND FLOOR, DESHPANDE NAGAR, HUBBALLI. …RESPONDENTS (BY SRI. SURESH S.GUNDI, ADVOCATE R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.15,00,000/- AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE REALIZATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE JUDGMENT AND AWARD DATED 04.02.2022 PASSED IN MVC NO.139/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, KALAGHATAGI, IN THE INTEREST OF JUSTICE AND ANY OTHER RELIEFS MAY KINDLY BE GRANTED. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2118 MFA No. 101241 of 2022 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.139/2020 dated 04.02.2022 by the Senior Civil Judge and JMFC and MACT, Kalaghatagi (for short ‘theTribunal’) the claimant is before this Court questioning the liability fastened on the owner of the vehicle. 2. It is submitted by the learned counsel for the appellant/claimant that the Tribunal only on the ground that the owner of the vehicle did not possess a valid driving licence has fastened the liability on the owner of the vehicle. It is submitted that even if there is no driving licence, still the Insurance Company is laible to pay the compensation. 3. Learned counsel appearing for the respondent/ Insurance Company submits that the Tribunal has rightly fastened the liability on the owner of the vehicle and no interference is called for. - 3 - HC-KAR NC: 2026:KHC-D:2118 MFA No. 101241 of 2022 4. Having heard the learned counsels on either side, perused the material on record. 5. It is an admitted fact that the owner of the motorcycle did not possess driving licence. However, in the light of the laid down in the case of National Insurance Company Limited Vs. Swaran Singh and Others1, the principle of pay and recover applies. As such, the respondent/insurance company shall pay and recover the same from the owner of the vehicle. Accordingly, the appeal filed by the claimant is partly allowed. (i) The respondent/Insurance Company is directed to pay the entire compensation amount along with interest awarded by the Tribunal and recover the same from the owner of the vehicle. (ii) The respondent/insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. 1 (2004) 3 SCC 297 - 4 - HC-KAR NC: 2026:KHC-D:2118 MFA No. 101241 of 2022 (iii) Registry is directed to send certified copy of the order passed by this Court forthwith without any delay. (iv) No costs. (v) All I.As., in this appeal shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD List No.: 2 Sl No.: 12