3 min readBengaluruUpdated: Jul 28, 2026 04:04 PM IST
The Karnataka High Court recently upheld an order directing a man to pay Rs 25 lakh in compensation to his two children after his rash and negligent riding allegedly caused the death of their mother, ruling that the insurance company was not liable because he was driving without a valid licence.
The siblings, Pavan and Pavithra H M, had filed an appeal seeking enhanced compensation and asking the court to direct the insurer to first pay the compensation and then recover the amount from their father.
In an order dated July 24, Justice Shivashankar Amarannavar dismissed their appeal against a Motor Accident Claims Tribunal (MACT) order that had fixed liability on their father, Manjunatha, while absolving Reliance General Insurance Company of liability.
Upholding the Tribunal’s order, the court noted that the records clearly showed Manjunatha did not have a valid driving licence at the time of the accident. It also noted that the “pay and recover” rule applies when the victim is a third party and the insurance policy conditions have been violated.
“In the case at hand, rash and negligent driving is alleged against the father of the claimants and husband of the deceased. The liability to pay the compensation is saddled on respondent No. 1, who is the rider and owner of the motorcycle. Since respondent No. 1 is the father of the claimants, the order of pay and recovery cannot be applied,” the court said.
What lawyers argued
Appearing for the siblings, Advocate Sathisha T argued that since Manjunatha did not hold a valid driving licence at the time of the accident, there had been a breach of the insurance policy.
He contended that the Tribunal should have invoked the “pay and recover” principle, under which the insurer pays the compensation to the claimants and subsequently recovers the amount from the insured if there has been a wilful breach of policy conditions.
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H C Betsur, who represented the insurer, opposed the plea, arguing that the principle didn’t apply because the rider and owner of the motorcycle was the siblings’ father and the husband of the deceased. Since liability rested with the owner-driver himself, the Tribunal had rightly held that the insurer could not be directed to pay first and recover later.
The case arose from an accident on September 28, 2018, in which Manjunatha was riding a motorcycle with his wife, Manjula, as a pillion passenger. She died after the motorcycle met with an accident, allegedly caused by his rash and negligent riding.
After investigation, the police filed a chargesheet accusing him of causing the accident through rash and negligent driving, resulting in his wife’s death, and of driving without a valid licence.
