- 1 - HC-KAR NC: 2026:KHC:5167 MFA No. 10357 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 10357/2013 (MV-I) BETWEEN: THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED, I FLOOR, MANJUNATHA COMPLEX, BUS STAND ROAD, HASSAN BY IT’S MANAGER BY NATIONAL INSURANCE CO LTD., REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M G ROAD, BANGALORE 560 001 BY IT’S MANAGER …APPELLANT (BY SRI. O MAHESH., ADVOCATE) AND: 1. DEVARAJU @ ARJUNA AGE 21 YEARS S/O VENKATARAMEGOWDA R/O GUDDENAHALLI VILLAGE, KASABA HOBLI HASSAN TALUK-573 201. 2. MOHAN C J AGED 27 YEARS S/O JAGADESH R/O CHIKKAHONNENAHALLI KASABA HOBLI HASSAN TALUK-573 201. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5167 MFA No. 10357 of 2013 (BY R1 – DEVARAJU-SERVED, V/O DTD:25.04.2017 NOTICE TO R2 IS HELD SUFFICIENT, V/O DTD: 01.09.2025, NOTICE TO R1 & R2 ARE PLACED AN EX-PARTE.) THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT 1988, PRAYING TO SET ASIDE THE JUDGEMENT AND AWARD DATED 12.06.2012/16.02.2013 (MODIFIED) PASSED BY THE COURT OF THE FAST TRACK COURT-1 AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HASSAN, IN M.V.C.NO.243 OF 2012 MODIFIED ON 16.02.2013 IN MISC.PETITION NO.77 OF 2012 WITH COSTS. 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 This appeal is filed by the appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.06.2012 passed by the court of the Fast Track Court-1 and Additional Motor Accident Claims Tribunal, Hassan, in M.V.C.NO.243/2012 modified on 16.02.2013 in Misc. Petition No.77/2012 to set aside the judgment. 2. Heard the arguments of the learned counsel for the appellant. In spite of service of notice respondents - 3 - HC-KAR NC: 2026:KHC:5167 MFA No. 10357 of 2013 remained absent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 28.10.2011 and filed claim petition claiming compensation of Rs.7,00,000/-. The Tribunal considered entire evidence on record and granted an amount of Rs.1,13,000/- along with 6% p.a., from date of petition till realisation and it was held that driver of the offending vehicle has no valid driving license at the time of the accident. As such, Insurance Company is not liable to pay the compensation. Respondent No.1 is the owner of the vehicle and was held to pay the amount on the principle of vicarious liability. 4. Aggrieved by the said order Insurance Company preferred appeal and they mainly contended that later, the owner of the vehicle filed review petition in Miscellaneous No.77/2012 dated 16.02.2013, owner filed original Driving License before the Court and stated that it pertains to their driver. It was also verified by the other side and reported no objection. As such, the Tribunal - 4 - HC-KAR NC: 2026:KHC:5167 MFA No. 10357 of 2013 modified the order and held that respondent Nos.1 and 2 are jointly and severally liable to pay the compensation. 5. Later, on the verification, the Insurance Company found that the driving license filed by the owner is not pertaining to the driver of the vehicle, but it pertains to him only. As such, they filed WP. No.52335/2013 for granting of stay and stay was granted on 28.11.2013. They also further filed this appeal and mainly contented that there is error apparent on the face of the record in a Miscellaneous No.77/2012 dated 16.02.2013, Mr.Harish was the rider of the motor vehicle insured on the date of the accident, but the driving license is in the name of C.J.Mohan, owner of the vehicle. As such, this Court finds it reasonable to confirm the order of the Tribunal passed in MVC No.243/2012, in which the Insurance Company has already exonerated Insurance Company and owner of the vehicle was directed to deposit the amount, on the ground of vicarious liability. - 5 - HC-KAR NC: 2026:KHC:5167 MFA No. 10357 of 2013 This appeal is allowed, confirming the order of the Tribunal. Amount already deposited by the Insurance Company is to be transferred to the MACT and it is to be refunded to Insurance Company. Owner of the vehicle is directed to deposit Rs.1,13,000/- within one month from the date of this order. On such deposit, claimant is permitted to withdraw the said amount along with interest accrued the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 69