- 1 - HC-KAR NC: 2025:KHC-D:8910 MFA No. 20065 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20065 OF 2012 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, RAMDEV GALLI, BELGAUM, REPRESENTED BY ITS ASST. MANAGER, REGIONAL OFFICE (TP-CELL), SUJATA COMPLEX, P.B. ROAD, HUBBALLI-580 029. … APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE) AND: 1. SRI. ASAGARALI MOHAMMADSAB TAHSILDAR, AGE: 38 YEARS, OCC: BUSINESS, R/O: KACHERI GALLI, UCHAGAON, TQ: AND DIST: BELAGAVI. 2. SRI. JAHURAHMED MOHAMMEDSA TAHSILDAR, AGE: MAJOR, OCC: BUSINESS, R/O: KHANJAR GALLI, BELAGAVI, DIST: BELAGAVI. … RESPONDENTS (R1 AND R2-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 28.07.2011 PASSED IN MVC NO.256/2009 ON THE FILE OF THE FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, AT BELGAUM. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8910 MFA No. 20065 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/Insurance Company challenging the judgment and award dated 28.07.2011 passed in MVC No.256/2009 on the file of the Fast Track Court-I and Member, Additional MACT, Belgaum1, questioning the liability fastened on it to pay the compensation. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. It is the case of the claimant that on 10.11.2005, the claimant, while he was returning on the motorcycle bearing Reg.No.KA-22/K-2086, as a pillion rider, which was ridden by his brother in a rash and negligent manner and the said vehicle went on a trench. 1 (hereinafter referred to as ‘the Tribunal’ for short) - 3 - HC-KAR NC: 2025:KHC-D:8910 MFA No. 20065 of 2012 Due to which, the claimant fell down and sustained injuries. 4. Respondent No.2 is the owner of the motorcycle, who is none other than the brother of the claimant. Admittedly, as per the claimant, he was pillion rider on the motorcycle. Ex.R-1 is the insurance policy, which is liability only policy. Therefore, under the liability only policy/Act policy, the risk of the pillion rider is not covered as pillion rider is not to be considered as third party. This issue is squarely covered by the judgment of this Court in the case of DIVISIONAL MANAGER VS. SHAMARAYA S/o BASANNA KATTIMANI AND OTHERS2. Therefore, the owner/respondent No.2 alone shall pay compensation to the claimant. Hence, the liability fastened on the appellant/Insurance Company is set aside. It is directed that the owner/respondent No.2 alone shall pay the entire compensation. Therefore, the appeal filed 2 MFA No.31781/2010 and other connected matters - 4 - HC-KAR NC: 2025:KHC-D:8910 MFA No. 20065 of 2012 by the appellant/Insurance Company is liable to be allowed. 5. In the result, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 28.07.2011 passed in MVC No.256/2009 on the file of Fast Tract Court-I and Member, Additional MACT, Belgaum is modified holding that the respondent No.2/owner of the motorcycle bearing Reg.No.KA-22/K-2086 alone shall pay compensation to the claimant. iii. Liability fastened on the appellant/Insurance Company is hereby set aside. iv. No order as to costs. v. Draw award accordingly. - 5 - HC-KAR NC: 2025:KHC-D:8910 MFA No. 20065 of 2012 vi. Amount in deposit made by the appellant/Insurance Company shall be refunded to it. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 3 SL NO.: 1