- 1 - HC-KAR NC: 2026:KHC-D:2119 MFA No. 100149 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100149 OF 2023 (MV-I) BETWEEN: JEEVAN S/O. NAGARAJ MATTIHALLI, AGE. 07 YEARS, OCC. STUDENT, R/O. SOMANAHALLI VILLAGE, POST. TAVARAGI, TQ. HIREKERUR, DIST. HAVERI, MINOR GUARDIAN REPTD BY HIS NATURAL FATHER SRI. NAGARAJ S/O. SHEKHAPPA MATTIHALLI, AGE. 40 YEARS, OCC. AGRICULTURIST, R/O. SOMANAHALLI VILLAGE, POST. TAVARAGI, TQ. HIREKERUR, DIST. HAVERI. …APPELLANT (BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE) AND: 1. NAGARAJ @ NAGAPPA S/O. BASAPPA NINGAVVANAVAR, AGE. 44 YEARS, OCC. BUSINESS, R/O. H.NO.29, NEAR ISHWAR TEMPLE, NULAGERI VILLAGE, POST. KALAGOUDA, TQ. HIREKERUR-581111, DIST. HAVERI. (OWNER OF TATA MAGIC VEHICLE BEARING REG. NO.KA-27/A-7504) YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:44:50 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2119 MFA No. 100149 of 2023 2. SHRIRAM GENERAL INSURANCE CO. LTD., R/O. 12 V A KALABURGI HALLMARK BUILDING, DESAI CROSS, PINTO ROAD, HUBBALLI-580 029, (INSURER OF TATA MAGIC VEHICLE BEARING REG. NO.KA-27/A-7504) POLICY NO.10003/31/17/260063 VALID FROM 13.09.2016 TO 12.09.2017. …RESPONDENTS (BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 HELD SUFFICIENT) 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 03.01.2020 PASSED IN MVC NO.333/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:2119 MFA No. 100149 of 2023 ORAL JUDGMENT Aggrieved by the order dated 03.01.2020 passed in MVC No.333/2018 by the Senior Civil Judge & AMACT., Hirekerur (hereinafter referred to as ‘the Tribunal’, for short), the claimant is before this Court. 2. Learned counsel appearing for the claimant submits that, the claimant is aggrieved only with respect to the issue of liability, as the Tribunal has fastened the liability on the owner of the vehicle on the ground that the driver did not possess a valid driving licence at the time of the accident. Hence, it is respectfully submitted that, notwithstanding the said finding, the principle of “pay and recovery” ought to have been applied, directing the Insurance Company to first satisfy the award and thereafter, recover the same from the owner of the vehicle in accordance with law. 3. Learned counsel appearing for the respondent No.2/Insurance Company submits that, the liability is rightly fixed on the owner of the vehicle. - 4 - HC-KAR NC: 2026:KHC-D:2119 MFA No. 100149 of 2023 4. Having heard the learned counsels on either side, perused the material on record. Considering the judgment of the Hon'ble Apex Court in NATIONAL INSURANCE CO. LTD. V. SWARAN SINGH AND OTHERS1, the principle of pay and recover will apply. The Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 5. Accordingly, the miscellaneous first appeal is allowed in part and the Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.2- Insurance Company shall deposit the entire amount within a period of eight weeks from the date of receipt of copy of the judgment and recover the same from the owner of the vehicle. On such deposit, the claimant is entitled 1 AIR 2004 SC 1531 - 5 - HC-KAR NC: 2026:KHC-D:2119 MFA No. 100149 of 2023 to withdraw the entire amount without furnishing any security. iii. The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 2 Sl No.: 34