- 1 - HC-KAR NC: 2026:KHC-D:1167 MFA No. 103617 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.103617 OF 2023 (MV-D) BETWEEN: SHRI. BASANAGOUDA F.SATYANAIKAR, AGE. 45 YEARS, OCC. BUSINESS, R/O. MEKALAMARADI, TQ. BAILHONGAL, DIST. BELAGAVI. …APPELLANT (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: 1. SMT. MALLAWWA W/O. KAREPPA PUJERI, AGE. 35 YEARS, OCC. HOUSEHOLD WORK, R/O. MEKALAMARADI, TQ. BAILHONGAL, DIST. BELAGAVI-591101. 2. KU. AKASH S/O. KAREPPA PUJERI, AGE. 14 YEARS, OCC. STUDENT, 3. KU. ANITA D/O KAREPPA PUJERI, AGE. 12 YEARS, OCC. STUDENT, R2 AND R3 ARE MINOR REP./BY R1 MOTHER 4. (SMT. SHANTAWWA W/O. SADEPPA PUJERI) DEAD BY HER LR’S SHRI SHIVANAND SADEPPA PUJERI, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. MEKALAMARADI, TQ. BAILHONGAL, DIST. BELAGAVI-591101. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1167 MFA No. 103617 of 2023 5. SMT. KAMALAWWA W/O. ARJUN ENAGI, AGE. 38 YEARS, OCC. HOUSEHOLD WORK, R/O. MEKALAMARADI, TQ. BAILHONGAL, DIST. BELAGAVI-591101. 6. SHRI. SADEPAP NAGAPPA PUJERI, AGE. 62 YEARS, OCC. AGRICULTURE (NOW NIL) R/O. MEKALAMARADI, TQ. BAILHONGAL, DIST. BELAGAVI-591101. 7. THE MANAGER, RELIANCE INSURANCE CO. LTD., MAHADEV PLAZA, CTS NO.10719, SY.NO.135/A, NEAR KOLHAPUR CIRCLE NEHARU NAGAR, BELAGAVI-590018. …RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R7 AND R4 TO R6; NOTICE TO R1 (R2 AND R3 ARE MINORS R/BY R1) IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16.01.2020 PASSED IN MVC NO.407/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, THEREBY ABDICATING THE LIABILITY WITH REGARD TO THE APPELLANT AND FIXING THE LIABILITY ON THE INSURANCE COMPANY/RESPONDENT NO.7, AS PRAYED IN THE APPEAL MEMO IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1167 MFA No. 103617 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.407/2018 dated 16.01.2020 by the Senior Civil Judge & Member, Additional MACT, Bailhongal, whereby the Tribunal has fixed the liability on the owner of the vehicle, the appellant/owner of the vehicle is before this Court. 2. Learned counsel appearing for the petitioner/owner of the vehicle submits that even though the driver is not having a valid driving license, the principle of pay and recover apply. 3. Learned counsel appearing for respondent No.7/ Insurance Company submits that the said ground is available to a third party and the owner of the vehicle cannot come before this Court on that ground. 4. Having heard the learned counsels on either side, perused the entire material on record. As rightly submitted by the learned counsel appearing for respondent No.7/Insurance Company, the appellant/owner of the vehicle cannot come before this Court for applying the principle of pay and recover. - 4 - HC-KAR NC: 2026:KHC-D:1167 MFA No. 103617 of 2023 5. Accordingly, the appeal filed by the owner of the vehicle is dismissed. i. The amount in deposit shall be forthwith transferred to the Tribunal. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 2 Sl No.: 33