Karnataka High Court
Dilip Ishwara Salokhe @ Salunke vs Vasant S/O. Shripati Jagatap on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2636
MFA No. 20348 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.20348 OF 2012 (MV-I)
BETWEEN:
SHRI. DILIP ISHWARA SALOKHE @ SALUNKHE,
AGE: 29 YEARS, OCC: SCRAP BUSINESS NOW NIL,
R/O. ANKALI, TQ: CHIKODI, DIST: BELAGAVI.
NOW AT PRESENT C/O. SHIVA CHOUGULE,
GANGWADI, RAMNAGAR BELAGAVI.
...APPELLANT
(BY SRI. SANTOSH B.RAWOOT, ADVOCATE)
AND:
1. SHRI. VASANT S/O. SHRIPATI JAGATAP,
AGE: MAJOR, OCC: AGRICULTURE AND BUSINESS,
R/O. H.NO. 375, VADDWADI, TQ: KAGAL,
DIST: KOLHAPUR-416001,
MAHARASHTRA STATE.
2. THE MANAGER,
Digitally signed BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
by SAROJA
HANGARAKI MEER ARCADE, CLUB ROAD, BELAGAVI,
SAROJA
HANGARAKI Date:
2024.02.19
THROUGH ITS MANAGER, DIVISIONAL OFFICE,
16:00:33
+0530 RAJARAMPUR 9TH LANE 3RD FLOOR, OMEGA TOWER,
KOLHAPUR-416008, MAHARASHTRA STATE.
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
NOTICE TO R1 SERVED )
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:21-09-2011 PASSED IN
MVC.NO.1690/2010 ON THE FILE OF THE II-ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, DISMISSING THE
PETITION FILED U/SEC.163-A OF MV ACT.
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NC: 2024:KHC-D:2636
MFA No. 20348 of 2012
THIS M.F.A., COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Santosh B Rawoot, learned counsel for the
appellant and Sri.R.R.Mane, learned counsel for the
respondent - Insurance Company.
2. Unsuccessful claimant is before this Court
assailing the judgment and award passed in MVC
No.1690/2010 on the file of Additional Motor Accident
Claims Tribunal, Belagavi dated 21.09.2011.
3. Facts in brief which are utmost necessary for
disposal of this case are as under:
Claimant filed a claim petition under Section 163-A of
Motor Vehicles Act contending that he being the rider of
motorcycle bearing No.MH-09/JD-4976, met with a road
traffic accident involving another motorcycle bearing
No.KA-23/J-2248 on 04.06.2008 at 1.45 p.m. when he
was proceeding from Ankali to meet his cousin sister on
Chikodi-Ankali road near Kadapur cross.
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4. Claim petition, on contest, came to be
dismissed on the ground that even though charge sheet
came to be filed against the motorcycle bearing No.KA-
23/J-2248, he did not choose to implead the owner of
motorcycle bearing No.KA-23/J-2248 or its Insurance
Company and chose to file claim petition only against his
own insurer under Section 163-A of Motor Vehicles Act and
therefore, he is not entitled to claim compensation from
his own insurer.
5. Being aggrieved by the said judgement,
claimant is in appeal.
6. Sri.Santosh B Rawoot, learned counsel for the
appellant - claimant reiterating the grounds urged in the
appeal memorandum, vehemently contended that there is
payment of additional premium which would cover
personal accident claim and therefore, the Tribunal ought
to have dismissed the claim petition.
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7. Per contra, Sri.R.R.Mane, learned counsel for
the Insurance Company vehemently contended that it is
settled principles of law that even payment of additional
premium to cover personal accident claim would not
include all types of injuries especially when the insurance
policy itself mentions about what are the types of injuries
that are covered under personal accident claim and sought
for dismissal of appeal.
8. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
9. On such perusal of material on record, it is not
in dispute that the claimant sustained injuries mentioned
in the wound certificate marked at Ex.P.5 and he has also
suffered disability as is found in Ex.P.8.
10. However, the claim petition being under Section
163-A of Motor Vehicles Act, he failed to implead the
opposite vehicle involved in the accident namely
motorcycle bearing No.KA-23/J-2248, rider of which has
NC: 2024:KHC-D:2636
been charge sheeted by the police and also Insurance
Company of the said motorcycle.
11. Therefore, Tribunal was justified in finding out
whether insurer of claimant's motorcycle bearing No.MH-
09/JD-4976 was liable to pay compensation or not.
12. At this juncture, it is just and necessary to view
the policy conditions. Ex.R.1 is the insurance policy. In
Ex.R.1, there is mention in categorical terms about what
are all the injuries that would be covered under personal
accident claim wherein extra premium is paid.
13. Nature of injuries as is found in Ex.P.5 and
disability certificate at Ex.P.8 would not fall under the
category of injuries that has been mentioned in Ex.R.1.
Therefore, the Tribunal was justified in dismissing the
claim petition.
14. Accordingly, there is no case made out by the
claimant to interfere with the well reasoned order.
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15. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeal is meritless and hereby dismissed.
(ii) No order as to costs.
Sd/-
JUDGE
SH
