The Regional Manager vs Smt. Shanthamma
2022 Latest Caselaw 3246 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                      BEFORE

     THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

             M.F.A. NO.8277/2010 (MV)

BETWEEN:
THE REGIONAL MANAGER
M/S UNITED INDIA INSURANCE COMPANY LTD
BANGALORE REGIONAL OFFICE
1ST FLOOR, NO.25
SHANKARANARAYANA BUILDING
M.G.ROAD, BANGALORE-560 001

NOW SITUATED AT:
MOTOR T.P. DEPARTMENT
REGIONAL OFFICE
5TH FLOOR, NRUPATHUNGA ROAD
KRISHI BHAVAN, BANGALORE-560 001
REPRESENTED BY ITS MANAGER               ... APPELLANT
      (SRI.P.B.RAJU, ADVOCATE)

AND :

1.    SMT.SHANTHAMMA
      W/O LATE VYRAMUDI GOWDA
      AGED MAJOR

2.    SHRI. RAJASHEKARA MURTHY
      S/O LATE VYRAMUDI GOWDA
      AGED ABOUT 21 YEARS

      BOTH RESIDING AT
      C/O JAYANNA, NO.55, SHARADANAGAR
      CHUNCHUNAGATTA MAIN ROAD
      KONANAKUNTE POST, BANGALORE-62
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3.    SHRI. NAGESH KUMAR
      MAJOR IN AGE
      KADUGODI, MANCHEGOWDA
      R/AT NO.597, K.B.DODDI
      MADDUR TALUK
      MANDYA DISTRICT

                                      ... RESPONDENTS
      (SMT.P.V.KALPANA, ADVOCATE FOR R1-R2)
      R-3 SD.

      THIS MFA IS FILED U/S. 173(1) OF THE MOTOR
VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED
29.03.2010 PASSED IN MVC NO.309/2008 ON THE FILE OF
THE XIX ADDL SMALL CAUSE JUDGE, MACT, BANGALORE,
AWARDING A COMPENSATION OF RS.3,94,000/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.

    THIS MFA COMING ON FOR FINAL HEARING, THIS DAY
THROUGH VIDEO CONFERENCING/ PHYSICAL HEARING, THE
COURT DELIVERED THE FOLLOWING :

                         JUDGMENT

This appeal is at the instance of Insurance Company

calling in question the correctness of judgment and award

dated 29.03.2010 in MVC No.309/2008 passed by the

learned XIX Additional SCJ and Court of Small Causes and

Motor Accident Claims Tribunal Bangalore (herein after

referred to as 'Tribunal').

2. The claim petition is at the instance of the legal

representatives of one Vyaramudigowda who had on

31.07.2007 at about 5.45 p.m. while traveling as pillion

rider in Bajaj Chetak scooter bearing registration No.KA-

11-J-6211 had died due to the rash and negligent driving

of the said two wheeler by its rider, due to which the two

wheeler dashed against the road divider. Learned Tribunal

upon appreciation of the evidence awarded a

compensation of `3,94,000/- (Rupees Three lakh ninety

four thousand only) with interest thereon and the liability

to pay the same the fastened on the appellants herein.

3. The only substantial contention raised by the

learned counsel for the appellant Sri.P.B.Raju, is to the

effect that the direction in the award against the appellant

Insurance Company to pay the award amount is illegal in

as much as Ex.R-1 policy of insurance is an Act policy and

further no additional premium was collected to cover the

risk of pillion rider.

4. I have perused the judgment and award called

in question in this appeal. In regard to the liability of the

Insurance Company, learned Tribunal has observed that

though Ex.R.1 is an Act policy, in view of the admission

made by R.W.1 that the policy included two seater, the

Insurance Company is liable to pay the compensation

awarded.

5. I have perused the deposition of R.W.1. He has

merely stated that the seating capacity of the offending

vehicle is two. He has no where admitted that the policy

Ex.-R1 covered the risk of pillion rider of the offending

vehicle. On careful perusal of Ex.R-1-policy of insurance

shows that it is an 'Act policy' and no additional premium

is collected for covering the risk of the pillion rider by the

appellant-Insurance Company. The point involved in this

appeal is squarely covered by the decision of the Hon'ble

Supreme Court reported in (2006) 4, SCC 404, United

Insurance Co. Ltd, Shimla Vs. Thilak Singh and

others and a decision of this Court reported in ILR 2011

KAR 850, Branch Manager, The New India Assurance

Co. Ltd Vs. Mahadev Pandurang Patil and another. In

view of the above decisions, the deceased being pillion

rider of offending two wheeler which was issued with an

'Act Policy' by the Insurance Company without any

additional premium being collected towards the risk of

pillion rider, Insurance Company is not liable to pay the

compensation awarded for the death of the deceased

pillion rider. In that view of the matter the direction in the

award to the appellant to pay the compensation amount is

unsustainable and it is set aside. Hence the following;

ORDER

(i) The above appeal is allowed.

(ii) The direction in the judgment and award dated

29.03.2010 in M.V.C. 309/2008 by XIX Additional Small

Cause Judge and MACT., Bangalore to the extent there is a

direction to the appellant to pay the compensation

awarded is set aside.

(iii) The amount deposited shall be refunded to the

appellant forthwith.

(iv) Transmit the records to the Learned Tribunal forthwith.

Sd/-

JUDGE

GVP/HDK