IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.1204 OF 2010 (MV) BETWEEN:
SUDHAKAR S/O B.NAGAPPA AGED ABOUT 21 YEARS R/AT NEAR RAJGURU KALYANA MANTAPA SORAB ROAD SAGARA TOWN (BY SRI.V.R.SUNDARAMURTHY, ADV.) AND:
1. GIRISH K S/O KANNAPPA RESIDING BEHIND K.H.B. COLONY RIDER OF THE HERO HONDA SPLENDOR BEARING REG. NO. KA-15/H-2250 2. KANNAPPA S/O KERIYAPPA K.P.T.C.L. SHIMOGA ROAD R/O GANDHINAGAR BEHIND HOUSING BOARD QUARTERS SAGAR OWNER OF THE HERO HONDA SPLENDOR BEARING REG. NO. KA-15/H-2250 3. THE BRANCH MANAGER ... APPELLANT NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, S.S. COMPLEX, 1ST FLOOR IN FRONT OF CHURCH/MOOLARANGAPPA PETROL BUNK) B.H.ROAD, SHIMOGA – 577 201.
INSURER OF THE HERO HONDA SPLENDOR, BEARING REG. NO.KA-15/H-2250 ... RESPONDENTS (BY SRI.B.R.MANJUNATHA, ADV. FOR R2; SRI. O.MAHESH, ADV. FOR R3;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:24.8.2012) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.10.2009 PASSED IN MVC NO.4/2004 ON THE FILE OF CIVIL JUDGE (SR.DN.) & JMFC & MEMBER, ADDITIONAL MACT, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For having suffered a road traffic accident on 12th July 2003 the claim petition has been made by the injured and the Motor Accident Claims Tribunal, Sagara has awarded compensation of Rs.3,71,247/- by fastening the liability on the owner on the ground that the insurance policy does not cover of the pillion rider. It is submitted that the finding of the Tribunal and fastening the liability on the owner is contrary to the fact instances. On this aspect the learned counsel submits that the insurance policy is comprehensive one and it covers the risk of the rider as well as the pillion rider. He has placed reliance on the comprehensive policy issued by the respondent-Insurer. But, the same is not accepted by the Tribunal. Under the circumstance, it is submitted to fasten the liability on the insurer. Secondly, the learned counsel submitted that the appellant is crippled and is not in a position to lead a normal life. He also submits that the evidence of the Doctor is that the insured has suffered 70% neurological disability to the whole body and 30% orthopaedic disability, but the Tribunal has taken the disability at 22% which is lower and the same should have been taken at 30%. He prays for suitable enhancement in the compensation.
2. Per contra the learned counsel for the respondent supports the order of the Tribunal and submits to dismiss the appeal. He submits that though it is the comprehensive policy, but premium paid is only to cover the risk of the owner and not the pillion rider. Here the injury is suffered by the pillion rider for which the premium has not been collected.
3. Heard the Learned counsel for the parties.
Undisputedly, the policy is a comprehensive policy which covers the risk of both owner and rider and the pillion rider. The stand taken by the respondent-Insurer that the premium collected is only to cover the risk of the rider and owner cannot be accepted. Even if premium is not collected it is the deficiency on the part of the insurer in not collecting the premium to cover the risk of the pillion rider. When a comprehensive policy is issued it is presumed that the Insurer has collected the premium covering the risk of owner/rider as also the risk of the pillion rider. When such being the case the stand taken the learned counsel for the respondent-Insurer is liable to be rejected, accordingly rejected. As regards the ground taken for enhancement is concerned, the Tribunal has considered all the material and documentary evidence placed before it and has awarded the compensation. There is no ground for intereference. In that view of the matter, I pass the following:
O R D E R The compensation awarded by the Tribunal at Rs.3,71,247/- is confirmed by modifying the order with respect to fastening the liability on the insurer. The insurer shall satisfy the award within a period of four weeks from the receipt pf receipt of certified copy of this order.
Appeal is partly allowed.
lnn Sd/-
ACTING CHIEF JUSTICE