R. Banumathi, J. - (1.) Leave granted.
(2.) This appeal arises out of the judgment dated 14.09.2016 passed by the High Court of Karnataka at Dharwad Bench in MFA No.24534 of 2010 in and by which the High Court reversed the award passed by the Tribunal for "pay and recover" holding that the owner of the vehicle is liable to pay the compensation to the appellants/claimants. The High Court enhanced the compensation from Rs.3,55,500/- to Rs.4,94,700/- with interest at the rate of 6% per annum.
(3.) On 14.04.2008, Shankareppa Pattar son of the appellants/claimants was travelling in a jeep bearing Reg.No.KA22/M-3805. The jeep was driven negligently due to which door of the jeep suddenly opened and Shankareppa was thrown out of the vehicle and sustained grievous injuries and died in the hospital. In the claim petition filed by the appellants/parents of the deceased Shankareppa, the Tribunal awarded compensation of Rs.3,55,500/- with interest at 6% per annum from the date of claim petition till realisation. Since the driver of the jeep had no valid driving licence at the time of the accident and since there was violation of the terms of the insurance policy, the Tribunal directed the insurance company to pay the compensation to the claimants and granted liberty to the insurance company to recover the same from the owner of the offending vehicle.;