- 1 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4052 OF 2023 (MV-D) BETWEEN: 1. SRI PAVAN S/O S R MANJUNATHA AGED ABOUT 25 YEARS. 2. SMT. PAVITHRA H M W/O AANU D/O MANJUNATHA S R AGED ABOUT 27 YEARS. BOTH ARE RESIDING AT: No.593, JANAHA COLONY BELURU TALUK, HALEBEEDU HASSAN-573 121. …APPELLANTS (BY SRI SATHISHA T, ADVOCATE) AND: 1. MR. MANJUNATHA S/O RAMANNA MAJOR, No.593 JAHANA COLONY, BELURU TALUK HALEBEEDU HASSAN-573 121. R Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 2. RELIANCE GNERAL INSURANCE COMPANY LTD., REGIONAL MANAGER 2ND FLOOR, 11TH MAIN S.M. TOWERS, JAYANAGARA EAST JAYANAGAR BENGALURU-560 011. POLICY ISSUING OFFICE. RELIANCE GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, KRUTHIKA ARCADE NR CIRCLE HOLENARASIPURA ROAD, HASSAN-573 201. NOW REPRESENTED BY: RELIANCE GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICER 5TH FLOOR, EAST WING, No-28 CENTENARY BUILDING M.G. ROAD, BANGALURU-560 001. …RESPONDENTS (BY SRI H C BETSUR, ADVOCATE FOR R2 R1-MANJUNATHA SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.04.2023 PASSED IN MVC No.3616/2020 ON THE FILE OF THE XXI A.C.M.M. AND XXIII ADDITIONAL SMALL CAUSES JUDGE , MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES , BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 ORAL JUDGMENT This appeal is filed by claimants seeking enhancement of compensation and also challenging exonerating the insurer in the judgment and award dated 11.04.2023 passed in MVC No.3616/2020 by XXIII Additional Small Causes Judge and MACT, Bengaluru (SCCH-25). 2. Appellants –claimants made a claim petition praying to award compensation for the death of their mother –Smt. Manjula, in a road traffic accident occurred on 28.09.2019, contending that the accident occurred due to the rash and negligent riding of the rider of motor cycle bearing registration No.KA-13/EH-3214 insured with respondent No.2, of the ownership of respondent No.1. The Tribunal after recording the evidence, appreciating the evidence on record has assessed the compensation and awarded compensation of Rs.25,56,120/- with interest at the rate of 6% per annum from the date of petition till realisation and held that respondent No.1 -owner of the - 4 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 vehicle is liable to pay the compensation and exonerated the insurer of the liability to pay the compensation. Claimants challenging the said judgment and award of the Tribunal have filed the present appeal. 3. Heard learned counsel for appellants and learned counsel for respondent No.2 –insurer. 4. Learned counsel for appellants would contend that the rider of motor cycle i.e., respondent No.1 was not holding driving license at the time of the accident and even though there is a breach of policy conditions, the Tribunal ought to have passed the order to pay compensation and recover the same from the owner of the vehicle. 5. Learned counsel for respondent No.2 –insurer would contend that the rider and owner of the motorcycle is respondent No.1. He is the husband of deceased Smt. Manjula and father of claimant Nos.1 and 2 and considering the said aspect, the Tribunal has rightly held pay and recover cannot be applied. Respondent No.1 was - 5 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 not holding the driving license at the time of the accident. The compensation awarded is just and proper. Even after service notice, respondent No.1 remained absent and unrepresented. 6. Having heard learned counsels, this Court has perused the impugned judgment and award. 7. The date of accident is 28.09.2019. Respondent No.1 is Mr.Manjunath and his wife Smt.Manjula (the mother and father of the claimants) were proceeding on motor cycle bearing registration No.KA-13/EH-3214. At that time, respondent No.1 was riding and deceased - Manjula was pillion rider and due to rash and negligent riding of the motorcycle by respondent No.1 accident occurred and pillion rider -Manjula fell down, sustained injury and succumbed to the injuries. The charge sheet has been filed against respondent No.1 for offences punishable under Sections 279, 304(A) of IPC and Section 3 read with Section 181 of Motor Vehicles Act. It clearly indicate that respondent no. 1 was not holding the valid - 6 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 driving license at the time of the accident. Claimants are two children of deceased Smt.Manjula and respondent No.1. Respondent No.1 is father and deceased –Manjula is mother of claimants. In the cases where the deceased or injured is third party and if there is violation of policy conditions, then pay and recovery order will be passed. In the case on hand, rash and negligent driving is alleged against the father of claimants and husband of the deceased. The liability to pay the compensation is saddled on respondent No.1 who is the rider and owner of the motorcycle. Respondent No.1 -owner of the vehicle is the father of claimants, the order of pay and recovery cannot be applied and considering the same, the Tribunal has exonerated the insurer from payment of compensation and to recover it from the owner of the vehicle. Since claimants are children of respondent No.1, they have to recover the compensation from respondent No.1 who is their father. Considering all these aspects, there are no - 7 - HC-KAR CNR: KAHC010295972023 NC: 2026:KHC:38386 MFA No. 4052 of 2023 grounds to admit the appeal and accordingly, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 30 Ct.sm