- 1 - HC-KAR NC: 2026:KHC:35545 MFA No. 8341 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8341 OF 2016 (MV-I) BETWEEN: HANUMAIAH S/O LATE SANJEEVAIAH AGED ABOUT 73 YEARS R/AT NO 35, 51ST CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 10 (RC OWNER OF VEHICLE KA- 02/A-5467) …APPELLANT (BY SRI. SHIVARAJ N ARALI., ADVOCATE) AND: 1. NAGENDRA SWAMY R S/O LATE RAMACHANDRAPPA AGED ABOUT 26 YEARS R/AT NO 18, 1ST MAIN, 4TH CROSS, CHELUVAPPA GARDEN BHUVANESHWARA NAGAR K P AGRAHARA BENGALURU – 23. 2. UNITED INDIA INSURANCE COMPANY LIMITED NO.1, 1ST FLOOR, 3RD CROSS, DWARAKANAGAR, 100 FEET RING ROAD(NEAR PESIT) HOSAKEREHALLI BENGALURU – 85. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35545 MFA No. 8341 of 2016 3. KRISHNA S/O LATE MARIGOWDA AGED ABOUT 40 YEARS R/AT NO 155/1, 4TH CROSS, GANGONDANAHALLI BENGALURU - 39 (SUBSEQUENT PURCHASER OF THE VEHICLE NO KA-02-A-5467) …RESPONDENTS (BY SRI. SHIVARAJ N. ARALI., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.09.2016 PASSED IN MVC NO.668/13 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE & MEMBER,MACT, BENGALURU, AWARDING COMPENSATION OF RS.2,79,100/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR 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/owner of the vehicle, filed under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 02.09.2016 passed in MVC No.668/13 on the file of the 13th Additional Small Cause Judge & Member, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondents. The - 3 - HC-KAR NC: 2026:KHC:35545 MFA No. 8341 of 2016 ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 09.09.2012 and filed claim petition claiming compensation of Rs.20 lakhs. Tribunal considering the entire evidence on record granted an amount of Rs.2,79,100/-with interest at the rate of 9% per annum from date of petition till realisation. 4. Aggrieved by the said order, owner of the vehicle preferred appeal and mainly contended that there is breach of terms and conditions of the insurance policy. Autorikshaw bearing Reg.No.KA-02/A-5467 did not have fitness certificate and it is expired as on the date of accident. Insurance company took an objection regarding non existence of the fitness certificate and stated that they are not liable to pay the compensation as per Section 149(2) the MV Act. They relied upon the judgment passed by the coordinate bench of this court dated 06.11.2020 in MFA CROB No.200013/2018 C/w MFA - 4 - HC-KAR NC: 2026:KHC:35545 MFA No. 8341 of 2016 No.201596/2016 in case of Malleshi S/o Devindrappa Maka Vs Mrs.Hafiza Begum and Bajaja Allianz General Insurance Co. Ltd., dated 06.11.2020 in which it was held as follows, “21.XXX in the present case also the lorry bearing Reg.No.KA- 28/A- 5775 was not having valid fitness certificate as on the date of accident and certainly it can be said that it is an infraction but indisputably the said lorry is insured with the appellant/Insurance Company. Therefore, in view of this the appellant/Insurance Company shall pay first the compensation and satisfy the claim then recover it from the owner of the said lorry.” Therefore this court finds that it is just and reasonable to invoke the principle of pay and recovery. Accordingly, this appeal is partly allowed. Insurance Company is directed to deposit the amount of Rs.2,79,100/- along with interest within 1 month from the date of this order. - 5 - HC-KAR NC: 2026:KHC:35545 MFA No. 8341 of 2016 On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. However, Insurance Company is at liberty to recover the same from owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 20