- 1 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 731 OF 2017 (MV-I) BETWEEN: M/S NATIONAL INSURANCE COMPANY LTD., #1, SRINIVASA PLAZA, 1ST STAGE, ADICHUNCHANAGIRI ROAD, KUVEMPUNAGAR, MYSURU-570 023 REPRESENTED BY REGIONAL OFFICE, SUBHARAM COMPLEX, NOS.144, M.G.ROAD, BANGALORE-560 001 REPRESENTED BY REKHS S MENON …APPELLANT (BY SMT. GEETHA RAJ., ADVOCATE) AND: 1. MR RAJU H G S/O SRI.CHLUVAPPA, AGED ABOUT 45 YEARS, R/AT NO.4185, 8TH CROSS, 3RD MAIN, GANGHINAGAR, MYSURU-570 017. 2. MR. RAKESH M.G., S/O SRI GURUMURTHY H.M., AGED ABOUT 21 YEARS, R/AT NO.5190, 7TH CROSS, 3RD MAIN, VIJAYNAGAR, 2ND STAGE, MYSURU-570 017. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 3. MR. GURUMURTHY H.M. S/O MALARAPPA H.L. AGED ABOUT 52 YEARS, R/AT NO.5190, 7TH CROSS, 3RD MAIN, VIJAYNAGAR, 2ND STAGE, MYSURU-570 017. …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1, V/O DTD: 09.01.2024 NOTICE TO R2 AND R3 ARE H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 13.10.2016 PASSED IN MVC NO.95/2015 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND MACT, MYSURU, AWARDING COMPENSATION OF RS. 1,48,473/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 15.07.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed against the judgment and award dated 13.10.2016 passed by the Principal Small Causes Judge and MACT, Mysuru, in MVC No.95 of 2015. 2. Injured claimant met with an accident on 15.10.2014 and filed claim petition claiming compensation of Rs.20,30,000/- with interest. The Tribunal considering the - 3 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 entire evidence on record, granted an amount of Rs.1,48,473/- with interest at the rate 6% per annum from the date of petition till realization. It was held that all the respondents therein are jointly and severally liable to pay compensation and further directed respondent-insurance company therein to deposit the amount within two months from the date of the order. 3. Aggrieved by the said order, the appellant - National Insurance Company Ltd. has preferred this appeal and mainly contended that on 15.10.2014 at about 08.10 a.m., while the petitioner was proceeding on his TVS XL Moped bearing No.KA- 55 L-9190 on Irwin Road, near Panchamukhi Anjaneya Temple Road, Mysuru, at that time, the driver drove the Car bearing No.KA-09 MB-2721 came in a rash and negligent manner and dashed to petitioner. As result, the petitioner fell down and sustained grievous injuries. 4. The driver of the car and owner being the 1st and 2nd respondents before the Tribunal filed formal written statement after the service of notice. The respondent-insurance company, - 4 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 before the Tribunal, disputed the occurrence of the accident and nature of injury sustained by the petitioner and requested for dismissal of the claim petition. It is further stated that accident occurred only due to negligence of the petitioner as such they are not liable to pay the compensation. But the Tribunal granted Rs.2,12,105/- and fixed the contributory nelgience of the driver of the motor vehicle as 30%. It is also stated that the driver of the insured car was in possession of learner's licence to ride motorcycle with gear. The 3rd respondent herein knowing fully entrusted and hand over the vehicle to the person, who has no valid driving licence at the time of the accident and it is in violation of the terms and conditions of the policy. Charge sheet is filed against the driver and owner/R-2 and R-3 for the offences punishable under sections 279, 337 and 338 of IPC and sections 3(1), 181, 3(1) and 180 of Indian Motor Vehicles Act, 1988. It is contended that the finding of the Tribunal in fixing of 30% contributory negligence is erroneous as the petitioner himself is responsible for the accident, Therefore, requested this Court to set aside the order of the Tribunal. - 5 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 5. Heard the arguments of learned counsel for both sides. 6. Admittedly, charge sheet is filed against the driver of the car, who has been examined as R.W.2. The Tribunal considered Exhibits P3 and P4 and held that there was contributory negligence of the rider of the motorcycle and fixed the said contributory negligence as 30%. It is not a case where the charge sheet is filed against both the drivers. Therefore, the argument of the appellant’s counsel that 50% contributory negligence is to be fixed upon the rider of the motorcycle is not sustainable. This Court finds no reason to interfere with the contributory negligence assessed by the Tribunal against the rider of the Motorcycle. 7. The main contention of the learned counsel for the appellant-insurance company is that the car driver is only having learner's licence. The owner of the vehicle wilfully handed over the car to the driver who had no valid driving licence. As such, they are not liable to pay the compensation. - 6 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 The Tribunal relied upon citation of the Hon'ble Supreme Court in III [2006] ACC 242 [SC], wherein the Hon'ble Supreme Court of India has clearly held that, even when offending vehicle driven by person holding Learner’s Licence, Insurer’s liability existed. Therefore, the argument of the learned counsel that the insurance company is not liable to pay the compensation, cannot be accepted. 8. Insurance company examined RWs.1 and 2 and filed exhibits R1 to R5 before the Tribunal. The Tribunal has rightly considered all aspects and directed the appellant-insurance company to deposit the amount. This court finds no reason to interfere with the said finding. 9. In the result, the following order is passed: (i) The appeal is devoid of merits and it is accordingly dismissed confirming the order of the Tribunal. (ii) Insurance company is directed to deposit the amount of Rs.1,48,473/- with interest within one month from today. - 7 - HC-KAR CNR: KAHC010222552017 NC: 2026:KHC:38536 MFA No. 731 of 2017 (iii) On such deposit, the claimant-petitioner is permitted to withdraw the entire amount along with the interest accrued on it. (iv) The amount deposited by the appellant- insurance company is to be transferred to the Tribunal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 51