- 1 - HC-KAR NC: 2026:KHC:1086 MFA No. 7092 of 2018 C/W MFA No. 7093 of 2018 MFA No. 7094 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7092 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7093 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 7094 OF 2018 (MV-I) IN MFA No. 7092/2018 BETWEEN: THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., J.L.B. ROAD, NEAR CHAMUNDIPURAM CIRCLE, MYSURU, THROUGH ITS REGIONAL OFFICE, MAHALAKSHMI CHAMBERS, M.G. ROAD, BENGALURU-560 001, REP. BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI. SEETHA RAMA RAO B C .,ADVOCATE) AND: 1. SRI. NATARAJU AGED ABOUT 41 YEARS, S/O. PUTTABUDI, RESIDING AT NO. 776, 4TH BLOCK, UDBUR VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT. 2. SRI. T. H. SWAMY AGED ABOUT 27 YEARS, S/O. HONNAIAH, TALLURU VILLAGE, JAYAPURA HOBLI, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1086 MFA No. 7092 of 2018 C/W MFA No. 7093 of 2018 MFA No. 7094 of 2018 MYSURU TALUK AND DISTRICT, (OWNER CUM RIDER OF MOTOR CYCLE NO. KA.09/HD-363) …RESPONDENTS (BY SRI. H.V. BHANUPRAKASH, ADVOCATE FOR R1 SRI. A.M. VIJAY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11/04/2018, PASSED IN MVC NO.272/2016, ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MACT, MYSURU, AWARDING COMPENSATION OF RS.30,000/-. IN MFA NO. 7093/2018 BETWEEN: THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD., J.L.B.ROAD, NEAR CHAMUNDIPURAM CIRCLE MYSURU THROUGH ITS REGIONAL OFFICE MAHALAKSHMI CHAMBERS M.G.ROAD, BENGALURU - 560 001 REP BY ITS DEPUTY MANAGER. ...APPELLANT (BY SRI. SEETHA RAMA RAO B C .,ADVOCATE) AND: 1. MASTER N CHINTHAN AGED ABOUT 5 YEARS S/O SRI NATARAJU R/AT NO.776, 4TH BLOCK, UDBUR VILLAGE, JAYAPURA HOBLI MYSURU TALUK & DISTRICT BEING MINOR, REP BY HIS FATHER SRI P NATARAJU 2. SRI T H SWAMY AGED ABOUT 27 YEARS, S/O HONNAIAH TALLURU VILLAGE, - 3 - HC-KAR NC: 2026:KHC:1086 MFA No. 7092 of 2018 C/W MFA No. 7093 of 2018 MFA No. 7094 of 2018 JAYAPURA HOBLI MYSURU TALUK & DISTRICT (OWNER-CUM-RIDER OF MOTOR CYCLE NO.KA.09/HD-363) ...RESPONDENTS (BY SRI. H.V. BHANU PRAKASH., ADVOCATE FOR R1 SRI. A.M. VIJAY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11/04/2018, PASSED IN MVC NO.273/2016, ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES AND MACT, MYSURU, AWARDING COMPENSATION OF RS.1,00,000/-. IN MFA NO. 7094/2018 BETWEEN: THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., J.L.B. ROAD, NEAR CHAMUNDIPURAM CIRCLE, MYSURU, THROUGH ITS REGIONAL OFFICE, MAHALAKSHMI CHAMBERS, M.G. ROAD, BENGALURU-560 001, REP. BY ITS DEPUTY MANAGER. ...APPELLANT (BY SRI. SEETHA RAMA RAO B C .,ADVOCATE) AND: 1. SMT. PRIYA AGED ABOUT 32 YEARS, W/O. SRI. NATARAJU, RESIDING AT NO. 776, 4TH BLOCK, UDBUR VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT. 2. SRI. T. H. SWAMY AGED ABOUT 27 YEARS, S/O. HONNAIAH, TALLURU VILLAGE, - 4 - HC-KAR NC: 2026:KHC:1086 MFA No. 7092 of 2018 C/W MFA No. 7093 of 2018 MFA No. 7094 of 2018 JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT, (OWNER-CUM-RIDER OF MOTOR CYCLE NO. KA.09/HD-363) ...RESPONDENTS (BY SRI. H.V. BHANU PRAKASH.,ADVOCATE FOR R1 SRI. A.M. VIJAY, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2018 PASSED IN MVC NO.274/2016 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU, AWARDING COMPENSATION OF RS.1,10,000/- WITHIN 30 DAYS FROM THE DATE OF AWARD. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeals are filed calling in question the judgment and awards dated 11.04.2018 passed by the Principal Judge, Court of Small Causes, Senior Civil Judge, MACT, Mysuru1, in MVC Nos.272, 273 and 274 of 2016, whereunder the Tribunal has allowed the claim petitions and awarded a compensation, the details of which are as under: i) MVC No.272/2016 `30,000/- ii) MVC No.273/2016 `1,00,000/- iii) MVC No.274/2016 `1,10,000/- 1 hereinafter referred to as 'Tribunal' - 5 - HC-KAR NC: 2026:KHC:1086 MFA No. 7092 of 2018 C/W MFA No. 7093 of 2018 MFA No. 7094 of 2018 2. The said compensation was ordered to be paid together with interest at 8% p.a., from the date of petition till date of realization. 3. The primary ground urged by the appellant - insurer in the above appeals is that the rider of the vehicle having possessed only a Learner's Licence, the insurer is not liable to pay the compensation awarded. 4. It is forthcoming that the Tribunal has referred to the judgment of Hon'ble Supreme Court in the case of National Insurance Co.Ltd., v. Swaran Singh2 to hold that a person holding a Learner's Licence is also duly licenced. The relevant portion of the judgment in the case of Swaran Singh1 is as under: "110. The summary of our findings to the various issues as raised in these petitions is as follows: (i) ……………… ………….. (viii) If a vehicle at the time of accident was driven by a person having a learner's licence, the insurance companies would be liable to satisfy the decree." 2 (2004 ACJ 1) - 6 - HC-KAR NC: 2026:KHC:1086 MFA No. 7092 of 2018 C/W MFA No. 7093 of 2018 MFA No. 7094 of 2018 5. In view of the same, the finding of the Tribunal cannot be held to the erroneous warranting interference by this Court in the present appeals. 6. The other contention urged by the appellant is that the rate of interest awarded at 8% p.a., is excessive. 7. Taking judicial notice of the interest awarded towards Fixed Deposits, the rate of interest awarded by the Tribunal is re-assessed at 7% p.a. 8. The impugned judgment and awards of the Tribunal are modified only to the extent of holding that the interest payable shall be 7% p.a. The said judgment and awards of the Tribunal in all other respects remains unaltered. 9. The appeals are accordingly, allowed in part to the aforesaid extent. 10. The amount deposited by the appellant in the above appeals be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal. Sd/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 62