- 1 - NC: 2025:KHC:921 MFA No. 3270 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 3270 OF 2016 (MV-I) BETWEEN: MR. NITHIN C N, AGED ABOUT 24 YEARS, S/O NARAYANASWAMY S, R/OF CHIYANDAHALLI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT. …APPELLANT (BY SRI JAGADEESHA K J, ADVOCATE [ABSENT]) AND: UNITED INIDA INSURANCE CO. LTD., SUGUNA NURSING HOME COMPLEX, ANTHARAGANGE ROAD, NEAR KSRTC BUS STAND, KOLAR. REP. BY ITS MANAGER …RESPONDENT (BY SRI LAKSHMINARASAPPA FOR SRI A M VENKATESH, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2015 PASSED IN MVC NO.164/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR (ITINERATING AT MULBAGAL), DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:921 MFA No. 3270 of 2016 ORAL JUDGMENT None appears for the appellant. 2. It is brought to the notice of the Court that the appellant is none else than the owner of the vehicle which met with an accident and suffered injuries. In any claim proceedings under the provisions of the Motor Vehicles Act, the liability of the Insurance Company towards a third party is a statutory liability. But when the owner of the vehicle, who is the insured is injured, then the liability of the Insurance Company is contractual in nature. It cannot partake the character of a statutory liability. Therefore, a claim petition filed by the owner of the vehicle under Section 166 of the Motor Vehicles Act, is not maintainable. 3. In that view of the matter, the dismissal of petition by the Tribunal cannot be faulted with. Moreover, such a claim petition was filed under Section 163A of Motor Vehicles Act, which also would not come to the aid of the petitioner/appellant. If at all any remedy is available, the same has to be on the basis of the terms - 3 - NC: 2025:KHC:921 MFA No. 3270 of 2016 and conditions of the Policy. Therefore, keeping open the claim that could be made directly to the respondent/Insurance Company under the personal accident cover permissible under the policy, the present appeal is dismissed. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 53