- 1 - HC-KAR CNR: KAHC010349302017 NC: 2026:KHC:39956 MFA No. 4695 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4695 OF 2017 (MV-DM) BETWEEN: MR MOHAMMED IKBAL ALI S/O ABDUL KHADER MAJOR, R/AT 6-6/05, HASAN MANZIL, 6TH CROSS, KRISHNAPURA, SURATHKAL POST MANGALURU TALUK, D.K. - 575 004. …APPELLANT (BY SRI. ASHOK KUMAR SHETTY K., ADVOCATE) AND: 1. THE MANAGER THE ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., III FLOOR, EMKAYS SHALIMAR COMPLEX KANANADY, MANGALURU MANGALURU - 575 003. 2. MR. ASHWIN SHETTY S/O JAYARAMA SHETTY AGED ABOUT 33 YEARS, R/AT 4-14 BOOTHAL TARA HOUSE TALIPADY, KINNIGOLI POST MANGALURU TALUK REPRESENTED BY G.P.A HOLDER MR. JAYARAMA SHETTY AGED ABOUT 68 YEARS, S/O BAABU SHETTY R/AT 4-14, BOOTHAL TARA HOUSE TALIPADY KINNIGOLI POST Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010349302017 NC: 2026:KHC:39956 MFA No. 4695 of 2017 MANGALURU TALUK - 575 003. …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI., ADVOCATE FOR R1, R2-SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.05.2017 PASSED IN MVC NO.298/2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT, DAKSHINA KANNADA, MANGALURU, AWARDING COMPENSATION OF RS.1,04,104/- WITH INTEREST AT 6% 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/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 02.05.2017 passed in MVC No.298/2015 on the file of the Principal District Judge, Mact, Dakshina Kannada, Mangaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. - 3 - HC-KAR CNR: KAHC010349302017 NC: 2026:KHC:39956 MFA No. 4695 of 2017 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 24.06.2014 and filed claim petition claiming compensation of Rs.80,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,04,104/- along with interest at the rate of 6% p.a. from the date of petitioner till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the driver of the vehicle was holding valid and effective driving license. Tribunal ought to have fixed the liability on the Insurance Company. Petition is bad for non-joinder of necessary parties i.e. owner and Insurer of vehicle bearing Reg. No.KA-19-AA-0347. It is stated that accident occurred only due to the negligence of the rider of the above scooter. Driver is having learner license and the policy is in force. But the Tribunal has not considered the said aspect - 4 - HC-KAR CNR: KAHC010349302017 NC: 2026:KHC:39956 MFA No. 4695 of 2017 and stated that the appellant violated the terms of the policy. Therefore, they filed Ex.R4 learner license and thus requested the court to set aside the liability fastened against them. 5. Heard the arguments of both sides. 6. The Tribunal observed in para No.37, as follows, “37. The respondent has lead the evidence of RW.1 and relies on Exs.R.1 to R.6. According to RW.1, at the time of accident, one Mohammed Iqbal Ali was driving the TATA ACE bearing Reg.No.KA-19-AA-0347 and he had no valid and effective driving licence to drive Mahindra Maximo bearing Reg.No.KA-19-AA- 0347. According to him, Mr. Mohammed Iqbal Ali is to drive only Light Motor Vehicle only and not Light Goods Vehicle. According to him, the D.L. Extract of Mohammed Iqbal Ali is produced before the Court.” and held that the Insurance Company is not liable to pay the compensation. But as per the citation reported in Mukund Dewangan v. Oriental insurance company limited reported in air 2017 sc 3368 , this Court finds that Insurance Company is liable to pay the compensation. - 5 - HC-KAR CNR: KAHC010349302017 NC: 2026:KHC:39956 MFA No. 4695 of 2017 7. In the result, owner of the vehicle is absolved from paying the compensation and this appeal is allowed and the liability against the owner of the vehicle is set aside. Insurance Company is directed to deposit the amount of Rs.1,04,104/- along with interest at the rate of 6% p.a., within one month from the date of the order. On such deposit claimant is permitted to withdraw the entire amount along with interest accrued on the same. In the result, The statutory amount deposited by owner before the MACT is to be refunded. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 66