- 1 - HC-KAR CNR: KAHC010193602013 NC: 2026:KHC:46391 MFA No. 3461 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3461 OF 2013 (MV) BETWEEN: IFFCO TOKIO GENERAL INSURANCE CO. LTD., NEW MICO MAIN ROAD, CHANNAKESHVA NAGAR (HOSA ROAD), ELECTRONIC CITY POST, BANGALORE - 560 100 NOW REPRESENTED BY ITS ZONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., BANGALORE ZONAL OFFICE, SOUTH KSCMF BUILDING, III FLOOR, III BLOCK, CUNNINGHAM ROAD, BANGALORE - 560 052. …APPELLANT (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. A.V. MANJUNATH S/O VENKATAPPA NOW AGED ABOUT 29 YEARS R/O ABBANI VILLAGE KOLAR TALUK. 2. B.K. MANJUNATH Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010193602013 NC: 2026:KHC:46391 MFA No. 3461 of 2013 S/O KRISHNAPPA, MAJOR, R/O BYRE GOWDA NAGAR, KOLAR TOWN AND TALUK. …RESPONDENTS (VIDE ORDER DATED 19.12.2025, NOTICE TO R1 AND R2 HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.10.2012 PASSED IN MVC NO.1/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, KOLAR, AWARDING A COMPENSATION OF Rs.46,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is present. 2. In spite of service of notice, respondents did not turn up and placed ex-parte. 3. This appeal is filed by the appellant/insurance company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated - 3 - HC-KAR CNR: KAHC010193602013 NC: 2026:KHC:46391 MFA No. 3461 of 2013 08.10.2012 passed in MVC No.1/2010 on the file of the Principal Senior Civil Judge and MACT, Kolar. 4. Heard the arguments of learned counsel for the appellant. The ranks of the parties are retained as per Tribunal for the sake of convenience. 5. The petitioner/injured claimant met with an accident on 02.09.2009 and filed petition before the Tribunal for compensation of Rs.2,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.46,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. The Tribunal held that respondent No.2/insurance company to deposit the amount within three months. 6. Aggrieved by the said order, this appeal is filed and mainly contended that the accident occurred on 02.09.2009 at about 8:00 a.m., whereas the insurance policy was obtained subsequently i.e., on 03.09.2009 at - 4 - HC-KAR CNR: KAHC010193602013 NC: 2026:KHC:46391 MFA No. 3461 of 2013 5.30 p.m., and was valid until midnight of 02.09.2010. Therefore, the insurance policy was not in force as on the date of the accident. 7. It is further stated that as on the date of accident, there was no valid insurance policy in existence. As such, insurance company is exonerated from paying the liability and owner of the vehicle alone is liable to pay the compensation. 8. In the result, the appeal is allowed. The appellant-Insurance Company is exonerated from the liability to pay the compensation. The amount, if any, deposited by the Insurance Company is to be transferred to the concerned MACT and is to be refunded. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 15