- 1 - HC-KAR CNR: KAHC010379222017 NC: 2026:KHC:40674 MFA No. 6141 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6141 OF 2017 (MV-D) BETWEEN: 1. SMT S KAVERI W/O KRISHNAPPA H.V. AGED ABOUT 42 YEARS, 2. SRI. H.V. KRISHNAPPA S/O LATE VENKATARAMANASETTY, AGED ABOUT 46 YEARS, R/AT NO.1724, MEDAR BLOCK, BEHIND POLICE STATION, PERIYAPATNA TOWN, POST AND TALUK-571107. …APPELLANTS (BY SRI. PADMANABHA KEDILAYA V., ADVOCATE) AND: 1. K. THARAMANI W/O K.NATARAJANUCHALAL SHETTY, R/O NO.88/2, ANDHRAPATTI, KUPPUNDAPALYAM, THIRUCHANGOD TALUK, NAMAKAL DISTRICT, EMAPALI, TAMIL NADU-637 214. 2. THE NEW INDIA ASSURANCE CO. LTD., D.O.NO.HUB, TP HUB, JLB ROAD, CHAMUNDIPURAM, MYSORE-570 004. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010379222017 NC: 2026:KHC:40674 MFA No. 6141 of 2017 (BY SRI. B C SEETHARAMA RAO, ADVOCATE AND SRI. ANUP SEETHARAMA RAO, ADVOCATE FOR R2, V/O DTD: 30.06.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.04.2017 PASSED IN MVC NO.971/2013 ON THE FILE OF THE SENIR CIVIL JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MYSURU, AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.04.2017 passed in MVC No.971/2013 on the file of the Senior Civil Judge, Additional Court of Small Causes, Mysuru, as a Presiding Officer, MACT, Mysuru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010379222017 NC: 2026:KHC:40674 MFA No. 6141 of 2017 3. Injured claimant met with an accident on 10.07.2013 and filed claim petition claiming compensation of Rs.5,82,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.2,45,000/- along with interest at the rate of 9% per annum from the date of petition till realisation. 4. Aggrieved by the said order, the petitioners preferred this appeal and mainly contended that their son by name PK Chetan met with an accident on 10.07.2013 and the parents filed claim petition claiming compensation of Rs.5,82,000/-. This application is filed by them under Section 163-A of the Motor Vehicles Act and they stated that at the time of the accident, the driver had proper license but it was quashed by the authority as there was suspension of license. It is not a fundamental breach of the policy and he is not disqualified for driving the vehicle. But the tribunal erred in fixing the liability against the owner of the vehicle. PK Chetan was studying PUC. The - 4 - HC-KAR CNR: KAHC010379222017 NC: 2026:KHC:40674 MFA No. 6141 of 2017 Tribunal granted meager amounts under other heads. Interest is to be granted at the rate of 10% per annum. 5. Heard the arguments of both sides. 6. As the claim petition was filed under Section 163-A of the Motor Vehicles Act, the Tribunal rightly considered all the aspects and granted reasonable amount of Rs.2,45,000/- along with interest at the rate of 9% p.a., this Court finds no reason to interfere with the said finding of the Tribunal regarding the amount and interest. The main point before the Tribunal is that Ex.R2 is the DL extract, it is valid till 06.01.2017. Accident occurred on 10.07.2013, but the DL was suspended from 23.12.2012 to 22.09.2013. Accident occurred during the suspension of the driving licence, but as per the citation reported in Pappu and Others v. Vinod Kumar Lamba and Another reported in (2018) 3 SCC 308, this court finds it is just and reasonable to invoke the principle of pay and recovery and accordingly Insurance Company is directed - 5 - HC-KAR CNR: KAHC010379222017 NC: 2026:KHC:40674 MFA No. 6141 of 2017 to deposit the said amount along with interest at the rate of 6% p.a., within one month from the date of this order. As a result, this appeal is allowed in part. On such deposit, petitioners are permitted to withdraw the entire amount along with interest. Insurance Company is at liberty to recover the same from the owner of vehicle, by due process of law. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 67