IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6501 OF 2017 (MV-I)

BETWEEN:

THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, NO.5 & 6^TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD BENGALURU-560 001 …APPELLANT (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE)

AND:

1. SRI. RAMAKRISHNA M., S/O MUNIRAMAIAH R/AT VENKATAPURA VILLAGE ST.JOHN MEDICAL COLLEGE BENGALURU-34 Digitally signed by SUVARNA T Location: 2. SRI B.NAGARAJ GOWDA HIGH COURT OF S/O BADRE GOWDA KARNATAKA R/AT POLICE CONSTABLE COLONY KSRP, KORAMANGALA BENGALURU-34 …RESPONDENTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE FOR C/R1 V/O/D 27/03/2026, NOTICE TO R2 IS DISPENSED WITH)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.04.2017 PASSED IN MVC NO.1880/2015 ON THE FILE OF THE 15^TH ADDITIONAL SMALL CAUSES JUDGE & 23RD ACMM, BENGALURU, AWARDING COMPENSATION OF RS.2,11,700/- WITH INTEREST AT 8% P.A.

FROM THE DATE OF PETITION TILL ITS REALIZATION.

THIS APPEAL, COMING ON FOR ORDERS, 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.1880/2015 dated 12.04.2017 by the XV Addl. Small Causes Judge & XXIII ACMM & MACT, Bengaluru whereby the Tribunal has fixed a liability on the insurance company and granted compensation to the claimant.

2. The tribunal has granted the compensation as per the table given below:

3. Learned counsel appearing for the insurance company submits that as on the day of the accident dated 27.03.2015 registration certificate of the offending vehicle was not renewed & there is no fitness certificate to the offending vehicle. When there is no fitness certificate which amounts to breach of the terms and conditions of the policy and the insurance company is not liable to pay the compensation.

4. Learned counsel appearing for the claimant had relied on the judgment passed by the co-ordinate bench of this court in the case of Shri Rangappa @ Rangappa Shetty Vs. Sri Jayaramaiah and another, ILR 2014 KAR 191 submits that it is the responsibility of the insurance company to see whether there is a fitness certificate before issuing/renewing the insurance policy, should verify whether the vehicle has possessed all the necessary certificates including the fitness certificate. It is not open for the insurance company to say that they are not liable to pay the compensation as there is no fitness certificate to the vehicle. In response to that learned counsel for the insurance company submits that in the very same judgment it is observed

that still the Court has directed the insurance company to pay and recover the same from the owner of the vehicle.

5. Having heard the learned counsels on either side, perused the entire material on record. It is the admitted fact that there is no fitness certificate to the vehicle and also even in those circumstances the principle of pay and recover will apply. This court is of the view that the insurance company shall pay the compensation amount and recover the same from the owner of the vehicle.

i. Accordingly, appeal filed by the Insurance company is Partly Allowed by applying the principle of pay and recovery. The Insurance company shall pay the compensation amount and recover the same from the owner of the vehicle.

ii. Any excess amount deposited, the insurance company is at liberty to withdraw.

iii. The amount in deposit shall be forthwith transferred to the tribunal.

iv. 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.

v. No costs.

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

SD/-

(LALITHA KANNEGANTI)

JUDGE TS List No.: 1 Sl No.: 35