IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1469 OF 2025 (MV-I)

BETWEEN:

THE MANAGER THE ORIENTAL INS. CO.LTD., REGIONAL OFFICE, NO.44/45, 1ST FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE - 25.

…APPELLANT (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE)

Digitally signed AND:

by MEGHA MOHAN Location: HIG H COURT OF 1. SRI. VENKATARAYAPPA KARNATAKA S/O GOVINDAPPA AGED ABOUT 60 YEARS R/AT MUGABALA, HOSAKOTE, BANGALORE RURAL, KARNATAKA - 562 114.

2. SRI. GOVINDARAJULU S/O NARAYANAPPA R/AT BOYANAPALLI (V), SANTHIPURAM MANDAL, KENAMAKULA PALLI POST, CHITTOOR, ANDHRA PRADESH - 517 425 …RESPONDENTS (BY SRI. N.R. RANGEGOWDA, ADVOCATE FOR R1;

R2 - SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.12.2024 PASSED IN MVC NO. 273/2022 ON THE FILE OF THE XII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-8), AWARDING COMPENSATION OF RS.4,01,180/- WITH INTEREST AT 6 PERCENT P.A. ON RS. 3,71,180/-(EXCLUDING FUTURE EXPENSES OF RS. 30,000/-)

FROM THE DATE OF PETITION TILL ITS REALISATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

Aggrieved by the award passed in MVC No.273/2022 dated 16.12.2024 by the XII Additional Judge, Court of Small Causes and Member, M.A.C.T., Bengaluru (SCCH-8), the Insurance Company is before this Court questioning the liability.

2. The Tribunal has fixed the liability on the Insurance Company. While fixing the liability, the Tribunal had observed that the accident had taken place due to the negligence on the part of the rider of the motor cycle. It is not disputed that respondent No.1 being the owner and respondent No.2 being the insurer of the offending motorcycle are jointly and severally liable to pay the compensation. Respondent No.2 being the insurer shall indemnify respondent No.1 in payment of compensation amount.

3. Learned counsel appearing for the Insurance Company submits that as per charge sheet i.e.,Ex.P6, there was no valid driving license to the driver of the offending vehicle. When there is a clear violation of the terms and conditions of the policy in the light of the law laid down bynthe Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Swaran Singh and Others, (2004) 3 SCC 297 the principle of pay and recover applies and the Tribunal has not considered the same.

4. Learned counsel appearing for respondent No.1/claimant submits that the Tribunal has rightly considered and fixed the liability on the Insurance Company and there are no reasons to interfere with the well considered order passed by the Tribunal.

5. Though notice is served on the owner of the vehicle, no vakalath is filed.

6. Having heard the learned counsels on either side, perused the material on record. The Tribunal has held that there is no breach of terms and conditions of the policy but Ex.P6 i.e., charge sheet shows that the driver of the offending vehicle was not having a valid driving license. Considering the charge sheet that is filed, in the concerned opinion of this Court, the principle of pay and recover will apply to this case in the light of the judgment of the Hon'ble Apex Court in case of Swaran Singh referred supra

7. Accordingly, the appeal filed by the appellant/Insurance Company is partly allowed by applying the principle of pay and recover.

i. The Insurance Company shall pay the compensation amount and recover the same from the owner of the vehicle.

ii. The amount in deposit shall be forthwith transmitted to the Tribunal.

iii. No costs.

iv. Pending miscellaneous petitions, if any, shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE SJK List No.: 1 Sl No.: 125 CT: BHK