- 1 - HC-KAR NC: 2026:KHC-D:798 MFA No. 101116 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101116 OF 2022 (MV-D) BETWEEN: SRI. YALLAPPA S/O. ADIVEPPA, AGE. 86 YEARS, OCC. NIL, R/O. 5TH WARD, KALENAHALLI-BEERABBI VILLAGE, TQ. HADAGALI, DIST. BALLARI. …APPELLANT (BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE) AND: 1. MR. DODDA BASAVARAJ S/O. MALIYAPPA, AGE. 42 YEARS, OCC. BUSINESS, R/O. UPPANAYAKANAHALLI VILLAGE, TQ. HUVINAHADAGALI, DIST. BALLARI-583219. (OWNER OF THE APEP AUTO NO.35/B-5110) 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023. (INSURER OF THE APEP AUTO NO.KA-35/B-5110) POLICY NO.2412003118P113410150 VALID FROM 18-01-2019 TO 17-01-2020. …RESPONDENTS (BY SMT. SHARMILA M.PATIL, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED AND UNPREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 04.10.2021 PASSED IN MVC NO.1477/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:798 MFA No. 101116 of 2022 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.1477/2019 dated 04.10.2021 by the I-Additional Senior Civil Judge and Additional MACT, Ranebennur (for short “the Tribunal”), the claimant is before this Court mainly questioning the liability fastened on the owner of the offending vehicle. The Tribunal has awarded the compensation of an amount of Rs.19,62,100/-with 9% interest from the date of petition till realization. 2. When it comes to liability, the Tribunal has held that there was no permit as on the date of the accident and as there was fundamental breach of policy condition, the owner of the offending vehicle alone is liable to pay the compensation. 3. The learned counsel appearing for the respondent/Insurance Company submits that since there is fundamental breach of conditions of the policy, the principle of pay and recover will not apply. - 3 - HC-KAR NC: 2026:KHC-D:798 MFA No. 101116 of 2022 4. Having heard the learned counsel on either side, perused the material on record. 5. Though there is fundamental breach of conditions of the policy, in the light of the laid down by the principal in National Insurance Company Limited Vs. Swaran Singh and Others1, the principle of pay and recover applies. As such, the insurance company shall pay and recover the same from the owner of the offending vehicle. Hence, this Court is passing the following: ORDER (i) The appeal is allowed in part. (ii) The Insurance Company shall pay the compensation with interest as ordered by the Tribunal to the claimant and recover the same from the owner of the vehicle. (iii) The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. 1 (2004) 3 SCC 297 - 4 - HC-KAR NC: 2026:KHC-D:798 MFA No. 101116 of 2022 (iv) No costs. (v) Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 27