IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI MISCELLANEOUS FIRST APPEAL NO. 100182 OF 2015 (MV)

BETWEEN:

THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., ENKEY COMPLEX, KESHWAPUR, HUBLI.

NOW REPRESENTED BY ITS DEPUTY MANAGER, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, IIND FLOOR, SUMANGALA COMPLEX, LAMINGTON RAOD. HUBLI-580020.

…APPELLANT (BY SRI. M.Y. KATAGI, ADVOCATE)

AND:

1. MALLAPPA S/O ALLAPPA HANASI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: CHARANTIMATH GARDEN, DHARWAD.

Digitally signed by YASHAVANT NARAYANKAR 2. YALLAPPA S/O MARUTI SHIRSHETTANAVAR Location: HIGH COURT OF AGE: MAJOR, OCC: BUSINESS, KARNATAKA DHARWAD BENCH Date: 2026.03.23 R/O: H.NO.320, RAJNAGAR, 11:15:40 +0530 MALLAPUR RAOD, GODASE PLOT, DHARWAD. (OWNER OF BAJAJ DISCOVER MOTOR CYCLE BEARING REG.NO.KA-25/EH-5377)

…RESPONDENTS (BY SRI. B.V. SOMAPUR, ADVOCATE FOR R1;

NOTICE SERVED R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.10.2014 PASSED IN THE COURT OF FAST TRACK AND ADDL. M.A.C.T. DHARWAD, AT DHARWAD IN MVC NO.1006/2012 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

This appeal has been preferred by the insurer of the motorcycle bearing registration No. KA-25-EH-5377, seeking to set aside the judgment and award dated 17.10.2014 rendered in MVC No.1006/2012.

2. The claimant namely Sri Mallappa maintained a petition in MVC No.1006/2012 under Section 166 of the Motor Vehicles Act, seeking compensation of Rs.10,00,000/- for the injuries sustained by him in a road traffic accident occurred on

10.08.2012.

3. The case of the claimant is that on 10.08.2012 at about 12.00 noon, when he was going on his bicycle, near Ayappa Temple in Manikanth Nagar, Dharwad, he suffered a road traffic accident attributable to the rash and negligent riding of the motorcycle bearing No. KA-25-EH-5377, resulting in grievous injuries. In view of the same, he maintained the petition seeking compensation from the owner and insurer of the offending vehicle.

4. On service of notice, Respondent No.2 appeared before the Tribunal and contested the petition. Thereafter, the Tribunal decided the claim petition on merits of the case. The Tribunal attributed negligence to the rider of the motorcycle in question and allowed the claim petition in part holding that the claimant is entitled for compensation of Rs.1,29,646/- together with interest at the rate of 8% per annum from the date of petition till its deposit.

5. The claimant has accepted the award passed by the Tribunal.

6. Respondent No.2 has challenged the impugned award only one the ground that the Tribunal committed grave error in fastening liability of satisfying the award on them, i.e, the insurer, in spite of ample evidence to show breach of policy condition.

7. Sri M.Y.Katagi, learned Counsel for Insurer, vehemently submitted that rider of the motorcycle in question was not holding a driving licence as on the date of accident and thereby the insured committed breach of policy condition. He further submitted that though the Tribunal held that rider of offending vehicle was not holding a driving license, yet directed the insurer to pay the compensation and recover the same from the insured, ignoring Sections 149(5) and 149(7) of the Motor Vehicles Act and as such, impugned judgment and award is liable to be set aside, which has resulted in miscarriage of justice. 8. Per contra, learned Counsel for Claimant supported the finding recorded by the Tribunal and submitted that even if the contention of the insurer is accepted, they are liable to pay the award amount at first instance under ‘Pay and Recover’ principle and the insurer has not made out any valid ground to interfere or modify the impugned judgment and award.

9. Thus, the short p