- 1 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 758 OF 2021 (MV-I) BETWEEN: THE MANAGER THE NATIONAL INSURANCE CO.LTD., 1ST FLOOR, SRINIVASA PLAZA ADICHUNCHANGIRI ROAD MYSOIRE AND ALSO AT THE NATIONAL INSURANCE CO. LTD REGIONAL OFICE SHUBHRAM COMPLEX II FLOOR, #144, M.G ROAD BANGALORE-560 025 REP BY ITS MANAGER …APPELLANT (BY SRI. SRIDHARA K, ADVOCATE) AND: 1. SRI VENKATESHA @ VENKATANAYAK S/O VENKATAGIRINAYAK AGED ABOUT 61 YEARS R/AT C/O SANJEEVEGOWDA CHOTTANAHALLI VILLAGE ARAKERE HOBLI SRIRANGAPATNA TALUK Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 2. SRI SIDDARTHA S S/O SIDDARTHANAYAK MAJOR R/AT HULLA HALLI VILLAGE & POST NANJANGUDU TALUK MYSORE DISTRICT …RESPONDENTS (BY SRI. GIREESHA S.N, ADVOCATE FOR R1, VIDE ORDER DATED 10/07/2026, NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.31.01.2020 PASSED IN MVC NO.736/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER,MACT, SRIRANGAPATANA, AWARDING COMPENSATION OF RS.2,75,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The Insurance company preferred this appeal against the judgment and award dated 31.01.2020 passed in M.V.C.No.736/2017 by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Srirangapatana (for short, 'the Tribunal'), whereby the Tribunal partly allowed the claim petition filed by the claimant/ respondent No.1 herein awarding - 3 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 compensation of Rs.2,75,000/- with 9% interest and directed the insurance company to pay the compensation. 2. Brief facts which are necessary for disposal of this appeal are that on 01.03.2017 at about 5.00 p.m. when the claimant was proceeding in a motorbike bearing registration No.KA-09-EU-0527 driven by his friend one Krishnanayaka as a pillion rider, they stopped their motorcycle in a place called Sankar Mil, Hullahalli - Sangam Road, Hullahalli, Mysuru on the side of the road. At the that time, rider of the motorbike bearing registration No.KA-09-HG-9326 came in a rash and negligence manner on the same direction and dashed to the motorbike of the claimant. As a result, the claimant sustained injuries. Later, he was shifted to Government Hospital, Hullahalli for first aid treatment and from there to J.S.S. Hospital, Mysuru. Hence, a claim petition came to be filed by the claimant for compensation for the injuries sustained in the accident. 3. The Tribunal upon assessment of oral and documentary evidence, partly allowed the claim petition and granted a compensation of Rs.2,75,000/- with 9% interest from - 4 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 the date of petition till the date of deposit. Challenging the said judgment and award, the insurance company is before this Court. 4. Heard the learned counsel Sri. Sridhara K., for the appellant/insurance company and learned counsel Sri. Gireesha S.N., for respondent No.1. Though the notice was served to the respondent No.2, he remained absent. 5. The primary contention of the learned counsel for the appellant/insurance company is that the rider of the offending motorbike bearing registration No.KA-09-HG-9326 was not possessing valid driving license. In such circumstances, the Tribunal ought to have order for pay and recovery. Instead the Tribunal directed the insurance company to pay the compensation. He also contended that the Tribunal is erred by awarding 9% interest instead of 6% interest for the compensation. Notwithstanding the above contention, he contended that the Tribunal erred in the granting exorbitant compensation in all the heads. Accordingly, he prays to allow the appeal. - 5 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 6. Per contra, learned counsel for respondent No.1 contended that the Tribunal upon meticulously examination of evidence available on record rightly awarded just compensation which does not require any interference by this Court. However, he fairly submits that the rider of the offending motorbike was not possessing valid driving license and a charge sheet has been filed against him under Section 3(1) of the Motor Vehicles Act, as such, the order of pay and recovery could be passed. With these submissions, he prays to allow the appeal in part. 7. I have given my anxious consideration on the submission made by the learned counsel for the appellant and learned counsel for respondent No.1 so also perused the materials and documents available on record. 8. On perusal of the charge sheet averments, Section 3(1) of the Motor Vehicles Act invoked against the rider of the offending motorcycle for the reason that he was not possessing valid driving license at the time of accident. Nevertheless, the said aspect is not seriously disputed by the learned counsel for the respondent No.1. - 6 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 9. In such circumstance, in my considered view that the Tribunal is erred in directing the insurance company to pay the compensation instead a pay and recovery order as per the law laid down by the Hon'ble Apex Court in the case of Pappu vs. Vinod Kumar Lamba and another reported in (2018) 3 SCC 208. The Tribunal also erred while granting 9% interest instead of 6% for the award amount, in view of the judgment of the Division bench of this Court in the case of Ms. Joyeeta Bose and others vs. Venkateshan V., and others in M.F.A.No.5896/2018, wherein it is held that 6% interest has to be awarded for the compensation in the Motor Accident Claims. Accordingly, the interest awarded by the Tribunal is liable to be modified. 10. However, the compensation granted by the Tribunal in all other heads are just and proper. The same does not require any interference. Accordingly, the appeal is allowed in part. 11. The compensation awarded by the Tribunal is unaltered, however, interest awarded by the Tribunal is reduced to 6% instead of 9% for the compensation. Further, - 7 - HC-KAR NC: 2026:KHC:35840 MFA No. 758 of 2021 the insurance company is directed to make good the payment to the claimant and at liberty to recover the same from the insured/owner of the offending vehicle. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 25