- 1 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3531 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3533 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3535 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3537 OF 2016 (MV-I) IN MFA No. 3531/2016 BETWEEN: M/S UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, 6TH FLOOR, KRISHI BAHVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS MANAGER. …APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) AND: 1. KUMARI ASHA RANI D/O LATE ALEX @ ALEX FERNANDIS, AGED ABOUT 15 YEARS, 2. MASTER AKASH S/O LATE ALEX @ ALEX FERNANDIS, AGED ABOUT 14 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER BOTH ARE R/AT SOMAPURA, BANTENAHALLI (P) BELUR TALUK, HASSAN DISTRICT - 573 201. SINCE R1 AND R2 ARE BEING MINORS REP BY THEIR UNCLE SRI BABU S/O INSAF, AGED ABOUT 49 YEARS AS GUARDIAN. 3. P CHANDRASHEKAR REDDY NO. 840, 25TH A MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 089. …RESPONDENTS (BY SRI. RAGHU R., ADVOCATE FOR R1 AND R2 VIDE ORDER DATED 26.05.2021, SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED08.12.2015 PASSED IN MVC NO.2976/14 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES,BENGALURU, AWARDING COMPENSATION OF RS.10,88,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 3533/2016 BETWEEN: 1. M/S UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, 6TH FLOOR, KRISHI BHAVAN, - 3 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER NRUPATHUNGA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS MANAGER ...APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) AND: 1. SMT KALAVATHI S/O LAKSHMAN, AGED ABOUT 33 YEARS R/AT 3RD CROSS, PUMP HOUSE ROAD, BELUR, HASSAN - 573 201 2. P CHANDRASHEKAR REDDY NO.840,25TH "A"MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 089 ...RESPONDENTS (BY SRI. RAGHU R., ADVOCATE FOR R1 VIDE ORDER DATED 26.05.2021, SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2015 PASSED IN MVC NO.2977/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, AWARDING COMPENSATION OF RS.2,46,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. - 4 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER IN MFA NO. 3535/2016 BETWEEN: M/S UNITED INDIA INSURANCE COMPANY LIMITED, REGIONAL OFFICE, 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA RROAD, BENGALURU - 560 001, REPRESENTED BY ITS MANAGER. ...APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) AND: 1. MASTER MANJUNATH S/O LAKSHMAN, AGED ABOUT 11 YEARS, R/AT 3RD CROSS, PUMP HOUSE ROAD, BELUR, HASSAN - 573 201 SINCE RESPONDENT NO.1 IS MINOR REP BY HIS MOTHER SMT.KALAVATHI, AS A NATURAL GUARDIAN 2. P. CHANDRASHEKAR REDDY, NO.840, 25TH A MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 089. ...RESPONDENTS (BY SRI. RAGHU R., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2015 PASSED - 5 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER IN MVC NO.2978/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, AWARDING COMPENSATION OF RS.2,86,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA NO. 3537/2016 BETWEEN: M/S UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS MANAGER. ...APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) AND: 1. SRI NAGARAJU S/O LATE HANUMASHETTI, AGED ABOUT 57 YEARS, R/AT 3RD CROSS, PUMP HOUSE ROAD, BELUR, HASSAN - 573 201. 2. P. CHANDRASHEKAR REDDY NO.840, 25TH A MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 089. ...RESPONDENTS (BY SRI. RAGHU R., ADVOCATE FOR R1 VIDE ORDER DATED 26.05.2021, NOTICE TO R2 IS HELD SUFFICIENT) - 6 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2015 PASSED IN MVC NO.4653/14 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF RS.1,46,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Tribunal has passed a common award in MVC.Nos.2976/2014, 2977/2014, 2978/2014 and 4653/2014 dated 08.12.2015 passed by the learned III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-18). 2. In an accident occurred on 02.04.2014, 3 persons injured and 1 person died. The Tribunal considering entire evidence on record granted reasonable compensation to all of them. Being aggrieved by the said order Insurance company preferred four appeals. MFA.No.3531/2016 is filed against the judgment and award of the Tribunal in MVC.No.2976/2014, - 7 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER MFA.No.3533/2016 is filed against MVC.No.2977/2014, MFA.No.3535/2016 is filed against MVC.No.2978/2014 and MFA.No.3537/2016 is filed against MVC.No.4653/2014 and the claimants also filed three appeals for enhancement of the compensation. 3. The United India Insurance Company in their appeal grounds mentioned that their company is not liable to pay the compensation, as the driver of the tempo was not holding valid and effective driving licence with transport endorsement to drive the goods vehicle in question as on the date of accident and it is in violation of the terms and conditions of the policy and also provisions of the Motor Vehicles Act. The owner of the vehicle permitted the driver to drive the vehicle without valid and effective driving licence and it is in violation of Sections 3, 4 and 5 of the MV Act. As such they are not liable to pay the compensation. 4. It is further stated as per the evidence of RW.1, Ex.R1 is the driving license it was valid from 15.02.2011 to 14.02.2014 and renewed from 15.04.2014 to 06.04.2017. It was not valid as on the date of accident occurred 02.04.2014. - 8 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER It was renewed 1 month 2 days after the accident. As per the judgment of the Hon'ble Supreme Court in Mukund Dewangan V.S Oriental Insurance Company Limited reported in (2017) 14 SCC 663, this Court finds that it is just and reasonable to direct the insurance company to deposit the amount. 5. In view of the discussion in the MFA.Nos.2504/2016, 2505/2016 and 7579/2016 this Court finds that it is just and reasonable to direct to the insurance company to deposit the balance amount with interest at the rate of 6% within 1 month. 6. Accordingly, the following: ORDER i) The appeals are allowed-in-part; ii) The Insurance company is liable pay the compensation and they are directed to deposit the balance amount with interest at the rate of - 9 - HC-KAR CNR: KAHC010530382016 NC: 2026:KHC:46566 MFA No. 3531 of 2016 C/W MFA No. 3533 of 2016 MFA No. 3535 of 2016 AND 1 OTHER 6% within one month from the date of receipt of copy of this order. iii) The amount is deposit shall be transmitted to the Tribunal. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 49