- 1 - HC-KAR NC: 2026:KHC:13635 MFA No. 5017 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5017 OF 2024 (MV-I) BETWEEN: THE MANAGER CHOLAMANDALAM MS GIC LTD ‘DORE HOUSE’, 2ND FLOOR NSC BOSE ROAD, CHENNAI TAMIL NADU NOW REP BY THE MANAGER CHOLAMANDALAM MS GIC. LTD 9TH FLOOR, LEVEL-06 GOLDEN HEIGHTS COMPLEX 59TH ‘C’ CROSS ROAD 4TH ‘M’ BLOCK, INDUSTRICAL SUBURB RAJAJINAGAR BENGALURU - 560 010 …APPELLANT (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI PRADEEP B, ADVOCATE) AND: 1. LOKESH T N S/O NAGARAJU T M AGED ABOUT 21 YEARS R/AT JOGAIAH ROAD WARD NO.1, TALAKADU Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13635 MFA No. 5017 of 2024 T. NARASIPURA TALUK MYSURU DISTRICT NOW R/AT C/O MANIYAMMA PALAHALLI VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT 2. PRASHANTH T J S/O JAYARAMU MAJOR R/AT HALEBEEDI TALAKADU T. NARASIPURA TALUK MYSURU DISTRICT 3. RAGHU M D S/O DEVEGOWDA MAJOR R/AT NO.170/1 MADAPURA VILLAGE AND POST KIKKERI HOBLI, K.R. PET TALUK MANDYA DISTRICT …RESPONDENTS (R1 & R3 ARE SERVED; NOTICE TO R2 IS HELD SUFFICIENT V/O DT.14.10.24) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2023 PASSED IN MVC NO.251/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13635 MFA No. 5017 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 31.10.2023 passed in MVC No.251/2019 by the Additional Senior Civil Judge MACT, Srirangapatna. 2. Heard the arguments of the learned counsel for the appellant-insurance company. Inspite of service of notice, respondents did not turn up and remained ex parte. 3. Brief facts of the case are that the Injured-claimant met with an accident on 07.12.2017 and filed claim petition claiming compensation of Rs.12,30,000/-. Tribunal considering the entire evidence on record granted compensation of Rs.4,14,852/- with interest at the rate of 6% p.a. from the date of filing the petition till the date of realization and also stated that respondent Nos.1 to 3 are jointly and severally liable to pay the compensation and accordingly, respondent No.3 is directed to deposit the amount within one month from the date - 4 - HC-KAR NC: 2026:KHC:13635 MFA No. 5017 of 2024 of the award. Being aggrieved by the said order, the present appeal is filed. 4. The learned counsel for the appellant-Insurance company mainly contended that it is a case of no valid DL and Ex.P7 - charge sheet is filed under Section 3(1) read with 181, 5 read with 180 of M.V. Act against the driver of the offending Mahindra Goods Vehicle. As per the citation reported in NATIONAL INS COMPANY vs SWARN SINGH reported in 2004 ACJ PAGE 1 (SC), the Apex Court clearly held that if the driver did not possess valid and effective driving licence insurer has no liability to pay any compensation. The Tribunal committed an error in considering the notional income as Rs.11,000/- per month without any cogent evidence since the injured was aged about 16 years at the time of the incident. Thus, the Tribunal without considering the material on record properly, fastened the liability on the insurance company. Therefore, requested to set aside the order of the Tribunal. 5. Admittedly, the driver of the offending vehicle has no valid driving licence. In view of the law laid down by the Apex Court in the case of PAPPU AND OTHERS vs VINOD - 5 - HC-KAR NC: 2026:KHC:13635 MFA No. 5017 of 2024 KUMAR LAMBA AND ANOTHER reported in 2018 (3) SCC 308, this Court finds it reasonable to invoke the principle of “pay and recovery”. Considering the material available on record, this Court finds that the amount awarded in all the heads by the Tribunal is just and proper and the same is confirmed by this Court. Hence, the claimant is entitled for a total compensation of Rs.4,14,852/- along with interest at the rate of 6% p.a. as awarded by the Tribunal. 6. In the result, the following order is passed: ORDER The appeal is allowed. The judgment and award dated 31.10.2023 passed in MVC No.251/2019 on the file of Additional Senior Civil Judge, MACT, Srirangapatna is confirmed. The claimant is entitled to a sum of Rs.4,14,852/- along with interest at 6% p.a. from the date of petition till the date of realization. - 6 - HC-KAR NC: 2026:KHC:13635 MFA No. 5017 of 2024 The appellant-Insurance Company has already deposited 50% of the award amount before this Court. Therefore, appellant is directed to deposit the balance amount along with the interest at the rate of 6% within one month from the date of this order. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on the same. Insurance company is at liberty to recover the same from the owner of the vehicle by due process of law. The amount deposited before this Court is to be transferred to MACT. Registry is directed to send back the Trial Court records to the concerned Tribunal immediately. Sd/- (P SREE SUDHA) JUDGE SN