- 1 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 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. 5566 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5567 OF 2017 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 5568 OF 2017 (MV-I) IN MFA No. 5566/2017 BETWEEN: CHANDRASHEKAR S/O VENUGOPAL AGED ABOUT 30 YEARS BALAJI STEEL PIPES NO.514, 15, SY.NO.68 OLD NO.26, MYLASANDRA KENGERI HOBLI BANGALORE-506 060 OLD ADDRESS NO.188/5 SIDDI VINAYAKA LAYOUT BOMMANAHALLI BANGALORE-506 068 …APPELLANT (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) AND: 1. ANBALAGAN G S/O GOVINDAN AGED ABOUT 42 YEARS RESIDING AT NO.5, 5TH CORSS SATHISH REDDY LAYOUT MUNESHWARA NAGAR OLD MANGAMMANAPALYA ROAD NEAR BANDEPALYA MASJID Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 BANGALORE-560 068 OLD ADDRESS: NO. 188/5, VARASIDDIVINAYAKA LAYOUT, HONGASANDRA BOMMANAHALLI, BANGALORE 560068 2. UNITED INDIA INSURANCE COMPANY LIMITED NO.40, LAKSHMI COMPLEX K R ROAD, BANGALORE-560 002 BY ITS DIVISIONAL MANAGER …RESPONDENTS (BY SRI. N R. RANGE GOWDA.,ADVOCATE FOR R1 SRI. A.M. VENKATESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2014 PASSED IN MVC NO.1074/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE AND MEMBER MACT,BANGALORE (SCCH-15),AWARDING COMPENSATION OF RS.2,65,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 5567/2017 BETWEEN: CHANDRASHEKAR S/O VENUGOPAL AGED ABOUT 30 YEARS, BALAJI STEEL PIPES, NO.514, 15, SY.NO.68, OLD NO.26, MYLASANDRA, KENGERI HOBLI, BANGALORE-560060 ...APPELLANT (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) AND: 1. REENA D/O ANBALAGAN AGED ABOUT 12 YEARS, RESIDING AT NO.5, 5TH CROSS, SATHISH REDDY LAYOUT, - 3 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 MUNESHWARA NAGAR, OLD MANGAMMANAPALYA ROAD, NEAR BANDEPALYA MASJID, BANGALORE-560068 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN/FATHER ANBALAGAN PREVIOUS ADDRESS: NO.188/5, SIDDI VINAYAKA LAYOUT, BOMMANAHALLI, BANGALORE-560068 2. UNITED INDIA INSURANCE COMPANY LIMITED., NO.40, LAKSHMI COMPLEX, K.R.ROAD, BANGALORE-560 002 BY ITS DIVISIONAL MANAGER ...RESPONDENTS (BY SRI. N.R. RANGE GOWDA.,ADVOCATE FOR R1 SRI. A.M. VENKATESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2014 PASSED IN MVC NO.1075/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BANGALORE (SCCH-15), AWARDING COMPENSATION OF RS.2,03,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 5568/2017 BETWEEN: CHANDRASHEKAR S/O VENUGOPAL AGED ABOUT 30 YEARS, BALAJI STEEL PIPES NO.514, 15 SY.NO.68, OLD NO.26, MYLASANDRA, KENGERI HOBLI, - 4 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 BANGALORE 560060 ...APPELLANT (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) AND: 1. RENUKA DEVI W/O MURALI , AGED ABOUT 31 YEARS, RESIDING AT 5TH CROSS, MUNESHWARA NAGARA, SATHISH REDDY LAY-OUT, NEAR BANDEPALYA MASJID, HOSUR ROAD, MUNESHWARANAGAR BANGALORE 560068 2. UNITED INDIA INSURANCE COMPANY LIMITED, NO.40, LAKSHMI COMPLEX, K R ROAD BANGALORE 560002 BY ITS DIVISIONAL MANAGER ...RESPONDENTS (BY SRI. N.R. RANGE GOWDA.,ADVOCATE FOR R1 SRI. A.M. VENKATESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2014 PASSED IN MVC NO.1076/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BENGALURU(SCCH15), AWARDING COMPENSATION OF RS. 2,93,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 5 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 ORAL JUDGMENT 1. The above appeals are filed by the owner of the vehicle assailing the common judgment and award dated 28.11.2014. The Tribunal has allowed the claim petitions being MVC Nos.1074/2013, 1075/2013 and 1076/2013 and awarded compensation of `2,65,000/-, `2,03,000/- and `2,93,000/- respectively. However, the Tribunal has exonerated the insurer from payment of compensation and fastened the liability on the owner of the vehicle to pay the compensation. 2. The present appeals is filed by the owner of the vehicle assailing the said finding of the Tribunal fastening the liability to pay the compensation solely on the owner. 3. The insured vehicle was a tempo having an unladen weight of 1500 kgs. The driver of the insured vehicle had a licence to drive LMV (NT). Hon'ble Supreme Court in the case of MUKUND DEWANGAN VS ORIENTAL INSURANCE COMPANY LTD.1, has held that the LMV includes a transport vehicle, whose gross vehicle weight does not exceed 7500 kgs. 1 (2017)14 SCC 663 - 6 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 4. Hence, the finding of the Tribunal exonerating the insurer from payment of compensation is erroneous and liable to be interfered with. 5. Learned counsel for the insurer seeks to contend that the insured vehicle did not have a fitness certificate and even if the insurer is held liable to pay the compensation awarded, it is entitled to recover the same from the owner of the vehicle. 6. The said contention putforth by the insurer is ex facie untenable and liable to be rejected. A Division Bench of this Court in the case of The Legal Claim Manager, IFFCO- TOKIO General Insurance Co.Ltd., vs. Smt.Laxmavva & Ors.,2 and The Oriental Insurance Co.Ltd., vs. Kumara & Ors., 3 has held that even in the absence of a fitness certificate the insurer is liable to pay the compensation awarded. 7. Learned counsel for the insurer seeks for reduction in the rate of interest awarded and submits that the Tribunal has awarded interest at 8% p.a. and having regard to the fact that 2 MFA Nos.100858/2022 c/w 103047/2022, Decided on 19.11.2025 3 MFA Nos.7792/2015 c/w 6449/2015, Decided on 21.12.2020 - 7 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 liability is now fastened on the insurer, it is entitled to contend that the rate of interest is on the higher side. 8. Taking judicial notice of the interest payable towards fixed deposits, it is just and proper that the interest awarded by the Tribunal be re-assessed as 7% p.a. 9. In view of the aforementioned, the following order is passed: i) The above appeals are allowed in part; ii) The judgment and award dated 28.11.2014 passed in MVC Nos.1074/2013, 1075/2013 and 1076/2013 by the XIII Additional Small Cause Judge and Member MACT, Court of Small Causes, Bengaluru (SCCH15), is modified to the extent of holding that the insurer and the owner of the vehicle are jointly and severally liable to pay the compensation awarded together with interest @ 7% per annum from the date of petition till realization. Having regard to the policy of insurance, the insurer shall deposit the - 8 - HC-KAR NC: 2026:KHC:1084 MFA No. 5566 of 2017 C/W MFA No. 5567 of 2017 MFA No. 5568 of 2017 compensation together with accrued interest within a period of four weeks. iii) The judgment and award of the Tribunal in all other respects remains unaltered. iv) The amount deposited by the appellant in the above appeals be refunded to the appellant. Sd/- (C.M. POONACHA) JUDGE BS - List No.: 1 Sl No.: 41