- 1 - HC-KAR NC: 2026:KHC:3950 MFA No. 439 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.439 OF 2023 (MV-I) BETWEEN: THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. 1ST FLOOR, DIVISIONAL OFFICE S. S. COMPLEX, B. H. ROAD SHIVAMOGGA NOW REPRESENTED BY ITS DEPUTY MANAGER REKHA MENON REGIONAL OFFICE SHUBARAM COMPLEX, M. G. ROAD BENGALURU-560 001 …APPELLANT (BY SRI L. SREEKANTA RAO, ADVOCATE FOR; SRI SHASHANK RAO L., ADVOCATE) AND: 1. MOHAN KUMAR S/O. LATE ESHWARAPPA AGED ABOUT 32 YEARS Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3950 MFA No. 439 of 2023 R/O. KATEKERE VILLAGE SHETTIHALLI POST SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA-577 227 2. HALESH NAIK S/O. VALYA NAIK AGED ABOUT 52 YEARS R/O. HAROBENAVALLI THANDA SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA-577 201 (OWNER CUM RIDER OF BAJAJ CT 100 MOTORCYCLE BEARING REG. NO.KA-14/EJ-8467) …RESPONDENTS (R-1 AND R-2 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.10.2022 PASSED IN MVC NO.333/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT-VII, SHIVAMOGGA, AWARDING COMPENSATION OF RS.50,924/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3950 MFA No. 439 of 2023 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Sreekanta Rao who represents Sri.Shashank Rao.L, learned counsel on record for the appellant. Despite service of notice, respondents have not chosen to contest the matter. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal- VII, Shivamogga in MVC No.333/2020 dated 12.10.2022. 3. The appellant against whom liability is fastened to pay compensation to the first respondent herein giving liberty to recover the same from respondent No.2 herein has filed the present appeal. 4. The matrix of the case is that on 04.06.2017 while respondent No.1/claimant was proceeding on a motorcycle, another motorcycle came from opposite direction and hit his motorcycle due to which he fell down - 4 - HC-KAR NC: 2026:KHC:3950 MFA No. 439 of 2023 and sustained injuries. Considering the defence taken by the appellant herein that the rider of the offending motorcycle was not possessing driving licence to ride the said motorcycle as on the date of accident, the Tribunal ordered the appellant to pay the compensation to claimant granting liberty to recover the same from respondent No.2 in accordance with law. 5. Learned counsel who represents the appellant fairly states that basing on the recent rulings of the Hon'ble Supreme Court and the law laid down, in the facts and circumstances of the case, an order of pay and recovery is liable to be granted and the same is granted by the Tribunal. 6. Having gone through the impugned order, this Court is of the view that the Tribunal taking into consideration each and every aspect of the case has come to a just conclusion and thereby passed reasoned order. - 5 - HC-KAR NC: 2026:KHC:3950 MFA No. 439 of 2023 Therefore, this Court is of the view that the present appeal lacks merits. 7. Resultantly the following: ORDER (i) The appeal stands dismissed. (ii) Amount if any in deposit be transmitted to the concerned Tribunal immediately. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 17