Vinoda. S. E v. Gopi. R

((((((((((((HC-KAR, NC:(2026:KHC:44115( MFA(No.(7977(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010629142023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(18 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.7977(OF(2023(MV-D)(

BETWEEN:((

1., VINODA.,S.,E.,,

W/O.,SOMASHEKARAPPA.,K,, AGED,ABOUT,57,YEARS,, ,

2., KEERTHI.,K.,, S/O.,SOMASHEKARAPPA.,K,, AGED,ABOUT,34,YEARS,,

,

3., KIRAN.,K.,S., S/O.,SOMASHEKARAPPA.,K,,

AGED,ABOUT,36,YEARS,, , ALL,ARE,R/O.,NO.,338,, ND Digitally 2 ,,CROSS,,LBS,NAGARA,, signedtiby SHIVAMOGGA,CITY,-,577,204., REKHA0R …APPELLANTS, Location: High0Court (BY,SRI.,SREE,HARSHA,A.K.,,ADVOCATE), of0Karnataka AND:(

1., GOPI.,R.,, S/O.,RANGANATH,, AGED,ABOUT,40,YEARS,, R/O.,HONNAVILE,, BIDRE,POST,, SHIVAMOGGA,TALUK,-,577,222., (OWNER,CUM,DRIVER,CENTER,, LORRY,BEARING,REGISTRATION,, ((((((((((((HC-KAR, NC:(2026:KHC:44115( MFA(No.(7977(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010629142023( ( ( NO.,KA-14A-6175), ,

2., THE,BRANCH,MANAGER,, NATIONAL,INSURANCE,CO.,LTD.,, ND2 ,,FLOOR,,S.S.COMPLEX,, B.H.ROAD,, SHIVAMOGGA,-,577,201., POLICY,NO.,610600311710018805,, VALID,DATED,31.07.2017,TO,30.07.2018., …RESPONDENTS, (BY,SRI.,SRIKANTH,PATIL,K.,,ADVOCATE,FOR,R1,, ,,,,,,SRI.,S.V.,HEGDE,MULKHAND,,ADVOCATE,FOR,R2), , , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:22.06.2023, PASSED, IN, MVC, NO.249/2019, ON, THE, FILE, OF, THE, I, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, CJM, AND, MEMBER,, MACT,,SHIVAMOGGA,,PARTLY,ALLOWING,THE,CLAIM,PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT, OF, COMPENSATION.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, ,HON'BLE,MR.,JUSTICE,T.M.NADAF, , ( (

ORAL JUDGMENT

This appeal by the claimant assailing the finding of the Tribunal fastening the entire liability on the insured on the premise that the driver of the offending vehicle was not possessing valid and effective licence, arising out of the judgment and award dated 22.06.2023 in MVC No.249/2023 passed by the I Addl. Senior civil Judge and CJM, & Motor Accident Claim Tribunal at Shivamogga1.

¶2Heard Sri.Sree Harsha A.K., learned counsel appearing for the appellant, Sri.Srikanth Patil K., learned counsel appearing for respondent No.1 and Sri.S.V.Hegde Mulkhand, learned counsel appearing for the respondent No.2.

¶3Though this appeal is by the claimant seeking for enhancement of compensation and the finding of the Tribunal fastening the entire liability on the insured on the premise that the driver of the offending vehicle was not

1 Hereinafter referred to as 'Tribunal' for short

possessing valid and effective driving licence, he restricts his appeal only to the finding of the Tribunal contending that the Tribunal has awarded appropriate compensation, however, the finding fastening the liability on the insured is against the settled position of law by the Supreme Court in the case of PAPPU DEO YADAV VS. NARESH KUMAR AND OTHERS2 and in case of NATIONAL INSURANCE COMPANY LIMITED vs. SWARAN SINGH AND OTHERS3.

¶4Though Sri.Hegde Mulkund argued in support of the judgment, he is not in serious dispute with the settled position of law. He submits that he may be permitted to pay the compensation with liberty to recover the amount from the insured in view of law the laid down by the Hon'ble Supreme Court in the cases stated supra.

¶5Considering the rival submissions, this Court is of the opinion that in view of the settled position of law,

2 (2022) 13 SCC 790 3 (2004) 3 SCC 297

insurer is primarily made liable to pay compensation with liberty to recover the same from the insured.

¶7Accordingly, this Court proceeds to pass the following: ORDER

(i) The appeal is allowed in part, the findings exonerating the liability of the Insurer is modified.

(ii) The insurer is directed to primarily pay the entire compensation along with interest awarded by the Tribunal within six weeks from the date of receipt of copy of this order before the concerned Tribunal, with liberty to recover the same from the insured.

(iii) On deposit, the entire amount shall be disbursed in terms of order of

apportionment and disbursement passed by the Tribunal.

(iv) Trial Court Records received, if any, shall be transmitted to the concerned Tribunal forthwith without causing any delay.

(v) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 7 ct-vn