Karnataka High Court
MFA/3902/2024 of DEEPA Vs BHARAMAPPA on 24 August 2026
CNR: KAHC010329422024 NC: 2026:KHC:45614 MFA No. 3902 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 3902 OF 2024 (MV-D) BETWEEN: 1. DEEPA W/O SIDDALINGAPPA ALIAS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 3902 OF 2024 (MV-D)
BETWEEN:
1.
DEEPA
W/O SIDDALINGAPPA
ALIAS SIDDALINGAYYA,
AGE 30 YEARS,
2.
SOUBHAGYAMMA
W/O MAHADEVAYYA
ALIAS MAHADEVAPPA,
AGE 46 YEARS,
3.
MANJUNATHAYYA ALIAS MANJUNATH
S/O MAHADEVAYYA
ALIAS MAHADEVAPPA,
AGE 30 YEARS,
ALL ARE R/O HALEBATHI VILLAGE,
DAVANAGERE TALUK AND
DISTRICT – 577 002.
…APPELLANTS
(BY SRI. R SHASHIDHARA.,ADVOCATE)
AND:
1.
BHARAMAPPA
S/O BASAPPA, AGE 58 YEARS,
DRIVER AND OWNER
OF GOODS AUTO BEARING
NO KA-17/A-1699,
R/O KENGALAHALLI VILLAGE,
HONNALLI TALUK,
DAVANAGERE DISTRICT – 577 001.
Digitally
signed by
REKHA R
Location:
High Court of
Karnataka
HC-KAR
2.
THE MANAGER
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD, BRANCH OFFICE, 3RD MAIN ROAD, P.J.EXTENSION, DAVANAGERE – 577 001
…RESPONDENTS
(BY SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R1; SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.02.2024 PASSED IN MVC
NO.674/2018 ON THE FILE OF THE COURT OF PRL. SENIOR
CIVIL JUDGE AND CJM, DAVANAGERE, PARTLY ALLOWING THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT OF COMPENSATION BARRED BY TIME.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
This appeal by the claimant assailing the Judgment and Award dated 15.02.2024 in MVC.No.674/2018 passed by the Principal Senior Civil Judge and CJM, Davangere1, only on a short point of liability fastened on the Insured, exonerating the Insurer absolutely.
1 'Tribunal' for short
HC-KAR
2. Heard Sri.R.shashidhara, learned counsel appearing for the claimants and Sri. B.C.Shivannegowda, learned counsel for respondent No.2-Insurer.
3. Sri.R.Shashidhara, with all vehemence submits that, though the Tribunal has awarded proper compensation of Rs.22,04,264. However, fastened the entire liability on the Insured on the premise that the driver of the offending vehicle was not holding effective and valid driving license as on the date of accident.
4. He further subjects that, in view of the law laid down by the Hon'ble Supreme Court in the case of PAPPU AND OTHERS VS. VINOD KUMAR LAMBA AND ANOTHER2, held that, where the claim made is a third party claim, the Insurer, despite the violation of policy conditions on Driving License, is primarily liable to pay the compensation with liberty to recover the same from the owner of the vehicle. This aspect of the matter is not 2 (2018) 3 SCC 208
HC-KAR
seriously disputed by the learned counsel appearing for the Insured.
5. The finding of the Tribunal absolutely exonerating the Insurer is modified and the Insurer is primarily made liable to pay the compensation with liberty to recover the same from the owner of the vehicle.
6. Accordingly, the appeal is allowed, with the above modifications, directing the Insurer primarily to deposit entire amount along with interest awarded by the Tribunal with liberty to recover the same from the Insured.
7. The apportionment and disbursement is as per the order passed by the Tribunal.
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 32