- 1 - HC-KAR NC: 2026:KHC:6668 MFA No. 7988 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7988 OF 2017 (MV-I) BETWEEN: SRI. GOVINDARAJU R.P. S/O LATE PALANISWAMY, R/AT 96, RAJENDRAPURA, D. HOSAHALLI, PANCHAYTH, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. THE MANAGER RELIANCE GEN. INS., CO., LTD., NO.3, I FLOOR, MANANDI PLAZA, ST. MARK'S ROAD, BESIDE ST. MARK'S HOTEL, BANGALORE - 560 061. (INSURER OF OFFENDING VEHICLE AUTORICKSWAW BEARING NO.KA-04-C-4563) 2. MR. RAJAVELU S/O KANNAN NO.878, ULLALU SATELITE TOWN, JNANABHARATHI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6668 MFA No. 7988 of 2017 BANGALORE - 60 (RC OWNER AND DRIVER OF OFFENDING VEHICLE AUTORICKSHAW BEARING NO.KA-04-C-4563) …RESPONDENTS (BY SRI. B. PRADEEP FOR R1; VIDE ORDER DATED 06.02.2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2017 PASSED IN MVC NO.2420/2016 ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.09.2017 passed in MVC No.2420/2016 on the file of the XXI A.C.M.M and XXIII Additional Small Causes Judge, Motor Accident Claims Tribunal, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance - 3 - HC-KAR NC: 2026:KHC:6668 MFA No. 7988 of 2017 Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 16.12.2015 and filed claim petition before the Tribunal for compensation of Rs.25,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.3,32,500/- with interest at the rate of 8% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that there was a permit violation. But the Tribunal has directed the owner of the vehicle to deposit the entire compensation amount and has held that the defence of non- possession of permit is not available to the insurance company against the third-parties. Therefore, exonerating the insurance company is bad in law. Therefore, requested for pay and recovery, placing reliance on the decision of the Hon’ble Supreme Court in National Insurance Co. Ltd., Vs. Swaran Singh and Others1. He has also relied upon the judgment of this Court in MFA No.5603/2010 (Bajaj Allianz General Insurance Co. Ltd. Vs. Shivagami), dated 22.08.2017. 1 AIR 2004 SC 1531 - 4 - HC-KAR NC: 2026:KHC:6668 MFA No. 7988 of 2017 4. Learned counsel for respondent No.1 mainly contended that respondent No.2 had remained ex parte before the Tribunal and no notice was served upon him. Learned counsel for the appellant has filed an application seeking dispensation of notice to respondent No.2 and submitted that since respondent No.2 remained ex parte before the Tribunal, he has no right of appeal before this Court. Therefore, service of notice upon him may be dispensed with. Considering the arguments of both sides, this Court finds it reasonable to grant an order of pay and recovery against the insurance company. 5. Respondent No.1/insurance company is directed to deposit a sum of Rs.3,32,500/- with interest at the rate of 6% within one month from the date of this order. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on it. 6. The insurance company is at liberty to recover the same from the owner of the vehicle by due process of law. - 5 - HC-KAR NC: 2026:KHC:6668 MFA No. 7988 of 2017 Accordingly, the appeal is disposed of. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 64