- 1 - HC-KAR CNR: KAHC010397682017 NC: 2026:KHC:44520 MFA No. 6653 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6653 OF 2017 (MV-I) BETWEEN: VENKATESHAPPA R/AT NO.144, BELAGUMBA, MAGADI TALUK, RAMANAGARA DISTRICT-562 102. …APPELLANT (BY SRI. K.V. SHYAMPRASAD FOR SRI. SRIDHAR D S., ADVOCATE) AND: 1. SHANKAR S/O HULIURAIAH, MAJOR R/AT KURUBARA PALYA, THAGGIKUPPE POST, MAGADI TALUK, RAMANAGARA DISTRICT 562 120. 2. M/S SHRIRAM GENERAL INSURANCE CO. LTD., R/BY ITS MANAGER, S-5, III FLOOR, MONARCH CHAMBER, INFANTRY ROAD, BENGALURU 560 010. …RESPONDENTS (BY SRI. A.N. KRISHNASWAMY., ADVOCATE FOR R2, R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.02.2017 PASSED IN MVC NO.863/2016 ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010397682017 NC: 2026:KHC:44520 MFA No. 6653 of 2017 THIS APPEAL COMING ON FOR ADMISSION 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 28.02.2017 passed in MVC No.863/2016 on the file of the XXI Addl. Small Cause Judge & 19th ACMM, Member, MACT, Bengaluru, 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. The injured claimant filed claim petition before the Tribunal claiming compensation of Rs.5 lakhs, but the tribunal considering the entire evidence on record, granted an amount of Rs.40,602/- along with the interest at the rate of 6% p.a. - 3 - HC-KAR CNR: KAHC010397682017 NC: 2026:KHC:44520 MFA No. 6653 of 2017 4. Aggrieved by the said order, petitioner preferred this appeal and mainly contended that tribunal erred in fastening liability on the respondent No.1/owner of the vehicle, on the ground that the driver has no valid driving licenses as the offending vehicle is of a special category vehicle, driver ought to have held the driving licence of special category. He had driving licence to drive transport vehicle and it is sufficient. Further contended that the Tribunal granted meager compensation and also interest at the rate of 6%. Therefore, requested for modification of the order. 5. Learned counsel for the respondent stated that the petitioner sustained simple injuries and Tribunal already granted reasonable amount and it is to be confirmed. 6. This Court finds that there is no reason to interfere with the amount of compensation and interest granted by the tribunal and the same is confirmed. Admittedly it is a case of no driving licence. As per the - 4 - HC-KAR CNR: KAHC010397682017 NC: 2026:KHC:44520 MFA No. 6653 of 2017 citation reported in 2018(3) SCC 308 in case of Pappu and Ors Vs Vinod Kumar Lamba and Anr, this Court finds that it is just and reasonable to invoke the principle of pay and recovery. Accordingly, this appeal is allowed in part. Insurance Company/Respondent No.2 is directed to deposit Rs.40,602/- with interest rate of 6% per annum from within 1 month from the date of this order. On such deposit petitioner is permitted to withdraw the entire amount with interest accrued on the same. Insurance company is at liberty to recover the same from owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 17