- 1 - HC-KAR NC: 2026:KHC:18606 MFA No. 1658 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1658 OF 2024 (MV-I) BETWEEN: THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., SHIVAMANGALA BUILDING, CHANNAGIRI ROAD, BHADRAVATHI DIST. SHIVAMOGGA REP. BY DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., NO.274/4 TO 12, 2ND FLOOR MALLIKARJUNA TOWERS, PRAVASI MANDIR ROAD, DAVANAGERE - 577 002. …APPELLANT (BY SRI. RAVISH BENNI, ADVOCATE) AND: 1. RAJAPPA. K. R. S/O RUDRAPPA H.V, AGED ABOUT 47 YEARS, R/O HIREMALALI VILLAGE, TQ-CHANNAGIRI, DIST: DAVANAGERE - 577 221. 2. PRADEEP R S/O NAGENDRAPPA AGE MAJOR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18606 MFA No. 1658 of 2024 R/O AJJIHALLI VILLAGE TQ: CHANNAGIRI DIST. DAVANAGERE - 577 213. …RESPONDENTS (BY SRI. CHIDAMBARA G.S, ADVOCATE FOR R1; R2 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.12.2023 PASSED IN MVC NO.536/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT-X, CHANNAGIRI, AWARDING COMPENSATION OF RS.1,48,693/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL RECOVERY OF ENTIRE AMOUNT. THIS APPEAL, COMING ON FOR ADMISSION, 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-Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 13.12.2023 passed in MVC No.536/2019, on the file of the Senior Civil Judge and JMFC, Channagiri. - 3 - HC-KAR NC: 2026:KHC:18606 MFA No. 1658 of 2024 2. The injured claimant met with an accident on 28.04.2018 and filed a claim petition claiming compensation of Rs.20,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.1,48,693/- with interest at the rate of 6% from the date of filing the petition till the date of realization. The Tribunal also held respondent Nos.1 and 2 jointly and severally liable to pay the compensation and also, directed respondent No.2-Insurance Company to deposit the entire compensation amount with interest within two months with liberty to recover the same from respondent No.1 by initiating appropriate proceedings. Being aggrieved by the said order, the Insurance Company preferred this appeal and mainly contended that the driver of the offending vehicle was not having a valid and effective driving licence at the time of the accident. It is further contended that a charge sheet was also filed against the driver of the offending vehicle under Section - 4 - HC-KAR NC: 2026:KHC:18606 MFA No. 1658 of 2024 181 of the Motor Vehicles Act and thus, requested this Court to set aside the order. 3. Admittedly, the driver of the offending vehicle did not possess a valid driving licence. However, the Tribunal relying upon the judgment of the Hon’ble Supreme Court in the case of Pappu and Others. vs. Vinod Kumar Lamba and Another reported in (2018) 3 SCC 208, ordered for "pay and recovery". Therefore, this Court finds no reason to interfere with the said order. 4. In the result, the following order is passed: ORDER i) The appeal is devoid of merit and is dismissed. ii) The appellant-Insurance Company is directed to deposit the compensation amount. - 5 - HC-KAR NC: 2026:KHC:18606 MFA No. 1658 of 2024 iii) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on the same. iv) The amount in deposit is directed to be transmitted to the concerned MACT. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 46