- 1 - HC-KAR NC: 2026:KHC:1498 MFA No. 5951 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5951 OF 2014 (MV-I) BETWEEN: ORIENTAL INSURANCE CO LTD., SRI. SHARADA COMPLEX, I FLOOR, OPP: KSRTC BUS STAND, P.B. ROAD, CHITRADURGA-577 501, NOW REPRESENTED BY ITS REGIONAL MANAGER, ORIENTAL INSURANCE CO LTD., REGIONAL OFFICE # 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 025. …APPELLANT (BY SRI. VIJAYA PHANEENDRA T B., ADVOCATE FOR SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. MANJUNATHA S/O SRIRAMAPPA, AGED ABOUT 27 YEARS, R/O MALLASAMUDRA VILLAGE, ROLLA MANDAL, MADAKASIRA TALUK, ANANTHAPURA DISTRICT, NOW R/O JYOTINAGAR, SIRA TOWN, PIN 572137. 2. SANJAY KUMAR S/O D.AMBANNA, NOW AGED ABOUT 34 YEARS, MAHADEVI TRANSPORT, R/A SADHANA SADANA, RAILWAY STATION ROAD, CHALLAKERE, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1498 MFA No. 5951 of 2014 CHITRADURGA DISTRICT PIN-577 522. …RESPONDENTS (BY SRI. H B NAGARAJA., ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.06.2014 PASSED IN MVC NO.523/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, AWARDING COMPENSATION OF Rs.20,000/- WITH INTEREST @ 6% FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the insurer impugning the judgment and award dated 26.06.2014 passed by the Senior Civil Judge, Additional MACT, Sira,1 in MVC No.523/2012, whereunder the Tribunal has partly allowed the claim petition and awarded a total compensation of `20,000/- together with interest at 6% pa. 2. The sole ground urged by the appellant/insurer in the present appeal is that the insured vehicle did not have a permit at the time of the accident. It is further submitted that a connected matter in MFA No.5949/2014 has been disposed of 1 hereinafter referred to as 'Tribunal' - 3 - HC-KAR NC: 2026:KHC:1498 MFA No. 5951 of 2014 vide judgment dated 16.11.2022 by relying on the judgment of the Supreme Court in the case of Amrit Paul Singh & Anr., v. TATA AIG General Insurance Co.Ltd., & Ors.,2 . 3. In view of the aforementioned, the appeal is allowed in part. The impugned judgment and award dated 26.06.2014 passed by the Senior Civil Judge, Additional MACT, Sira, in MVC No.523/2012, is modified to the extent of holding that the appellant - insurer shall be liable to pay the compensation awarded with liberty to recover the same from the insured/owner of the vehicle. 4. The amount deposited by the appellant in the present appeal together with records be transmitted to the Tribunal forthwith. 5. The appellant shall deposit the balance amount of compensation together with accrued interest within four weeks. Sd/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 8 2 AIR 2018 SC 2662