[Cites 1, Cited by 0]
Karnataka High Court
The Divisional Manager vs Master N Chinthan on 8 January, 2026
-1-
NC: 2026:KHC:1086
MFA No. 7092 of 2018
C/W MFA No. 7093 of 2018
MFA No. 7094 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 7092 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7093 OF 2018 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 7094 OF 2018 (MV-I)
IN MFA No. 7092/2018
BETWEEN:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.,
J.L.B. ROAD,
NEAR CHAMUNDIPURAM CIRCLE,
MYSURU,
THROUGH ITS REGIONAL OFFICE,
MAHALAKSHMI CHAMBERS,
M.G. ROAD,
BENGALURU-560 001,
REP. BY ITS DEPUTY MANAGER.
...APPELLANT
Digitally (BY SRI. SEETHA RAMA RAO B C .,ADVOCATE)
signed by
NIRMALA AND:
DEVI
Location:
HIGH COURT 1. SRI. NATARAJU
OF AGED ABOUT 41 YEARS,
KARNATAKA
S/O. PUTTABUDI,
RESIDING AT NO. 776,
4TH BLOCK,
UDBUR VILLAGE, JAYAPURA HOBLI,
MYSURU TALUK AND DISTRICT.
2. SRI. T. H. SWAMY
AGED ABOUT 27 YEARS,
S/O. HONNAIAH,
TALLURU VILLAGE,
JAYAPURA HOBLI,
-2-
NC: 2026:KHC:1086
MFA No. 7092 of 2018
C/W MFA No. 7093 of 2018
MFA No. 7094 of 2018
HC-KAR
MYSURU TALUK AND DISTRICT,
(OWNER CUM RIDER OF MOTOR
CYCLE NO. KA.09/HD-363)
...RESPONDENTS
(BY SRI. H.V. BHANUPRAKASH, ADVOCATE FOR R1
SRI. A.M. VIJAY, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11/04/2018, PASSED IN MVC
NO.272/2016, ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF
SMALL CAUSES, MACT, MYSURU, AWARDING COMPENSATION OF
RS.30,000/-.
IN MFA NO. 7093/2018
BETWEEN:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO LTD.,
J.L.B.ROAD,
NEAR CHAMUNDIPURAM CIRCLE
MYSURU
THROUGH ITS REGIONAL OFFICE
MAHALAKSHMI CHAMBERS
M.G.ROAD, BENGALURU - 560 001
REP BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI. SEETHA RAMA RAO B C .,ADVOCATE)
AND:
1. MASTER N CHINTHAN
AGED ABOUT 5 YEARS
S/O SRI NATARAJU
R/AT NO.776, 4TH BLOCK,
UDBUR VILLAGE, JAYAPURA HOBLI
MYSURU TALUK & DISTRICT
BEING MINOR,
REP BY HIS FATHER SRI P NATARAJU
2. SRI T H SWAMY
AGED ABOUT 27 YEARS,
S/O HONNAIAH
TALLURU VILLAGE,
-3-
NC: 2026:KHC:1086
MFA No. 7092 of 2018
C/W MFA No. 7093 of 2018
MFA No. 7094 of 2018
HC-KAR
JAYAPURA HOBLI
MYSURU TALUK & DISTRICT
(OWNER-CUM-RIDER OF MOTOR
CYCLE NO.KA.09/HD-363)
...RESPONDENTS
(BY SRI. H.V. BHANU PRAKASH., ADVOCATE FOR R1
SRI. A.M. VIJAY, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11/04/2018, PASSED IN MVC
NO.273/2016, ON THE FILE OF THE PRINCIPAL JUDGE, COURT
OF SMALL CAUSES AND MACT, MYSURU, AWARDING
COMPENSATION OF RS.1,00,000/-.
IN MFA NO. 7094/2018
BETWEEN:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.,
J.L.B. ROAD,
NEAR CHAMUNDIPURAM CIRCLE,
MYSURU,
THROUGH ITS REGIONAL OFFICE,
MAHALAKSHMI CHAMBERS,
M.G. ROAD,
BENGALURU-560 001,
REP. BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI. SEETHA RAMA RAO B C .,ADVOCATE)
AND:
1. SMT. PRIYA
AGED ABOUT 32 YEARS,
W/O. SRI. NATARAJU,
RESIDING AT NO. 776,
4TH BLOCK, UDBUR VILLAGE,
JAYAPURA HOBLI,
MYSURU TALUK AND DISTRICT.
2. SRI. T. H. SWAMY
AGED ABOUT 27 YEARS,
S/O. HONNAIAH,
TALLURU VILLAGE,
-4-
NC: 2026:KHC:1086
MFA No. 7092 of 2018
C/W MFA No. 7093 of 2018
MFA No. 7094 of 2018
HC-KAR
JAYAPURA HOBLI,
MYSURU TALUK AND DISTRICT,
(OWNER-CUM-RIDER OF MOTOR
CYCLE NO. KA.09/HD-363)
...RESPONDENTS
(BY SRI. H.V. BHANU PRAKASH.,ADVOCATE FOR R1
SRI. A.M. VIJAY, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.04.2018 PASSED IN MVC
NO.274/2016 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF
SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU,
AWARDING COMPENSATION OF RS.1,10,000/- WITHIN 30 DAYS
FROM THE DATE OF AWARD.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeals are filed calling in question the
judgment and awards dated 11.04.2018 passed by the Principal
Judge, Court of Small Causes, Senior Civil Judge, MACT,
Mysuru1, in MVC Nos.272, 273 and 274 of 2016, whereunder
the Tribunal has allowed the claim petitions and awarded a
compensation, the details of which are as under:
i) MVC No.272/2016 `30,000/-
ii) MVC No.273/2016 `1,00,000/-
iii) MVC No.274/2016 `1,10,000/-
hereinafter referred to as 'Tribunal'
NC: 2026:KHC:1086
HC-KAR
2. The said compensation was ordered to be paid
together with interest at 8% p.a., from the date of petition till
date of realization.
3. The primary ground urged by the appellant - insurer
in the above appeals is that the rider of the vehicle having
possessed only a Learner's Licence, the insurer is not liable to
pay the compensation awarded.
4. It is forthcoming that the Tribunal has referred to
the judgment of Hon'ble Supreme Court in the case of
National Insurance Co.Ltd., v. Swaran Singh2 to hold that
a person holding a Learner's Licence is also duly licenced. The
relevant portion of the judgment in the case of Swaran Singh1
is as under:
"110. The summary of our findings to the various
issues as raised in these petitions is as follows:
(i) ..................
..............
(viii) If a vehicle at the time of accident was driven
by a person having a learner's licence, the insurance
companies would be liable to satisfy the decree."
(2004 ACJ 1)
NC: 2026:KHC:1086
HC-KAR
5. In view of the same, the finding of the Tribunal
cannot be held to the erroneous warranting interference by this
Court in the present appeals.
6. The other contention urged by the appellant is that
the rate of interest awarded at 8% p.a., is excessive.
7. Taking judicial notice of the interest awarded
towards Fixed Deposits, the rate of interest awarded by the
Tribunal is re-assessed at 7% p.a.
8. The impugned judgment and awards of the Tribunal
are modified only to the extent of holding that the interest
payable shall be 7% p.a. The said judgment and awards of
the Tribunal in all other respects remains unaltered.
9. The appeals are accordingly, allowed in part to the
aforesaid extent.
10. The amount deposited by the appellant in the above
appeals be transmitted to the Tribunal for disbursement in
terms of the award of the Tribunal.
Sd/-
(C.M. POONACHA)
JUDGE
ND/List No.: 1 Sl No.: 62
