- 1 - HC-KAR NC: 2026:KHC:910 MFA No. 554 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 554 OF 2024 (MV-I) BETWEEN: THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., M.H BORAIAH BUILDING, V.V ROAD, MANDYA, REPRESENTED BY THE REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, T.P HUB REGIONAL OFFICE, LLEO SHOPPING COMPLEX, 44/45, RESIDENCY ROAD, BANGALORE-560 025. …APPELLANT (BY SMT. MANJULA N. TEJASWI., ADVOCATE) AND: 1. ANANDA H C S/O CHANNEGOWDA, AGE 34 YEARS, RESIDING AT HEBBADA MARANAHALLI VILLAGE, GUDIGENAHALLI POST, MANDYA TALUK AND DISTRICT. 2. MADHU S/O KALEGOWDA, AGED ABOUT 34 YEARS, RESIDENT OF THOREBOMMANAHALLI VILLAGE, C.A KERE HOBLI, MADDUR TALUK, MANDYA DISTRICTT. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:910 MFA No. 554 of 2024 (BY SRI. H V DEVARAJU., ADVOCATE FOR R1(ABSENT)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2023 PASSED IN MVC NO.634/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MACT, MANDYA, AWARDING COMPENSATION OF RS.6,55,300/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard learned counsel for appellant. Learned counsel for respondent No.1 remained absent. Though notice was served to respondent No.2 remained unrepresented. 2. This appeal is filed by Insurance Company against the award of the tribunal in MVC No.634/2020 dated 27.10.2023. The injured claimant met with an accident on 23.10.2019 and filed claim petition claiming compensation of Rs.69,15,000/-. The tribunal considering the entire evidence on record granted an amount of Rs.6,55,300/- along with interest at the rate of 6% p.a., from the date of petition till deposit. The Tribunal also invoked pay and recovery and granted liberty to the Insurance Company to - 3 - HC-KAR NC: 2026:KHC:910 MFA No. 554 of 2024 recover the amount from the respondent No.1, by due process of law. 3. Aggrieved by the said order, this appeal is preferred by the Insurance Company and stated that as per Ex.74/charge sheet, the rider of the offending vehicle was charge sheeted for an offence under Section 3 read with 181 of the MV Act and thus he had no driving license. The owner of the vehicle was also made an accused for an offence under section 187 of the MV Act for riding the vehicle without driving license. The owner of the vehicle consciously handed over the vehicle to a person who had no valid driving license. As such, he cannot take the benefit of his own wrong. 4. Learned counsel for Insurance Company relied upon the judgment of the division bench in MFA No.3297/2019 dated 13.04.2023, which is in their favour. Also relied upon the judgment passed by the coordinate bench of this court in MFA No.3288/2013 c/w 3287/2013 - 4 - HC-KAR NC: 2026:KHC:910 MFA No. 554 of 2024 on 29.01.2024 and also in MFA.No.5164/2019 dated 14.12.2023. As the accident occurred on 23.10.2019, prior to the amendment of the Act, the Tribunal rightly applied the principle of pay and recovery and directed the Insurance Company to pay the amount and then directed to recover the same from the owner of the vehicle at a subsequent point of time. Therefore, this Court finds no reason to interfere with the said order. In the result, appeal is devoid of merits and is hereby dismissed. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 78