- 1 - HC-KAR NC: 2026:KHC-D:800 MFA No. 100290 of 2023 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.100290 OF 2023 (MV-I) BETWEEN: SRI. SHARIFKHAN S/O. RAJJABAKHAN PATHAN, AGE. 38 YEARS, OCC. BUSINESS, R/O. SECTOR NO.18, PLOT NO.62, NAVANAGAR, BAGALKOT-587102. …APPELLANT (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: 1. SRI SHINDUR S/O. HANAMANTH NAYKAR, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. WARD NO.11, NEAR FARM HOUSE, VIDYAGIRI, TQ. AND DIST. BAGALKOT-587102. 2. THE MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., KALBURGI HALLMARK, 3RD FLOOR, NEAR DESAI CIRCLE, DESHPANDE NAGAR, HUBBALLI-580029. …RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND SET ASIDE THE LIABILITY FIXED ON THE OWNER OF THE VEHICLE AND RESPONDENT NO.2 BE HELD LIABLE TO PAY THE COMPENSATION, BY MODIFYING THE JUDGMENT AND AWARD DATED 07.11.2022 PASSED IN MVC NO.14/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT, BY ALLOWING THIS APPEAL WITH COSTS, 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:800 MFA No. 100290 of 2023 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.14/2019 dated 07.11.2022 by the I-Additional Senior Civil Judge and MACT-III, Bagalkot the claimant is before this Court questioning the liability. 2. It is submitted that the liability is fixed on the owner of the offending vehicle on the ground that as on the date of the accident, the rider of the motorcycle was not having a valid driving licence. It is submitted that in the light of the settled law laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Swaran Singh and Others1, the principle of pay and recover applies. 3. The learned counsel appearing for the respondent/Insurance Company submits that there is fundamental breach of conditions of the policy and the Tribunal 1 (2004) 3 SCC 297 - 3 - HC-KAR NC: 2026:KHC-D:800 MFA No. 100290 of 2023 has rightly fixed the liability on the owner of the offending vehicle and the same cannot be interfered with. 4. Having heard the learned counsels on either side, perused the material on record. Though there is fundamental breach of conditions of the policy, in the light of the laid down by the principal in Swaran Singh’s case referred supra, the principle of pay and recover applies. As such, the insurance company shall pay the compensation awarded by the Tribunal and recover the same from the owner of the offending vehicle. 5. Accordingly, the appeal filed by the claimant is partly allowed. (i) The Insurance Company shall pay the compensation to the claimant and recover the same from the owner of the vehicle. (ii) The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. (iii) No costs. - 4 - HC-KAR NC: 2026:KHC-D:800 MFA No. 100290 of 2023 (iv) Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 31