- 1 - HC-KAR NC: 2025:KHC-D:7561 MFA No. 102830 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102830 OF 2015 (MV-I) BETWEEN: THE MANAGER, UNITED INDIA INSURANCE CO. LTD., THROUGH REPRESENTED BY IT’S DIVISIONAL MANAGER, MARUTHI GALLI, BELAGAVI, REP. BY ITS ASSISTANT MANAGER. … APPELLANT (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE) AND: 1. ALFAN ASIFKHAN PATHAN, AGE: 15 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTATIVE BY MINOR GUARDIAN HIS NATURAL FATHER ASIFKHAN IMAMKHAN PATHAN, AGE: 38 YEARS, OCC: DRIVER, R/O: HOUSE NO.1367, TIPPU SULTHAN NAGAR, GAJI MAHALLA MACHHE, BELAGAVI. 2. IMAMKHAN MUGATKHAN PATHAN, AGE: 54 YEARS, OCC: BUSINESS, R/O: HOUSE NO.1367, TIPPU SULTHAN NAGAR, GAJI MAHALLA MACHHE, BELAGAVI (OWNER OF MOTOR CYCLE, BEARING NO.KA-22/ED-1465). … RESPONDENTS (BY SRI. BALAGONDA A. PATIL, ADVOCATE FOR R1; SRI. SURESH V. MELAVANKI, ADVOCATE FOR R2) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7561 MFA No. 102830 of 2015 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 03.06.2015 PASSED IN MVC.NO.2242/2013 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND PRESIDING OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the Insurance Company challenging the judgment and award dated 03.06.2015 passed in MVC No.2242/2013 on the file of V Additional District and Sessions Judge and Presiding Officer, MACT- VI, Belagavi (hereinafter referred to as ‘the Tribunal’ for short) questioning the liability fastened on the ground that the claimant was pillion rider on the motorcycle, but the insurance policy is Act Policy/Statutory Policy, which does not cover the risk of the pillion rider. The - 3 - HC-KAR NC: 2025:KHC-D:7561 MFA No. 102830 of 2015 appellant/Insurance Company also seeks to reduce the quantum of compensation awarded by the Tribunal. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 4. It is admitted that the claimant was pillion rider on the motorcycle as his grandfather riding the motorcycle and he has caused the accident resulting the claimant being pillion rider had sustained fractured injuries to right tibia. 5. The claimants have filed claim petition under Section 163(A) of the Motor Vehicles Act, 1988 the Tribunal has awarded compensation of Rs.35,350/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 6. Upon considering Ex.R-2/insurance policy, which is an Act Policy/Statutory Policy, it is clear that the - 4 - HC-KAR NC: 2025:KHC-D:7561 MFA No. 102830 of 2015 pillion rider is not third party under the Act Policy/Statutory Policy. The issue is squarely covered by the judgment of this Court in the case of DIVISIONAL MANAGER VS. SHAMARAYA S/o BASANNA KATTIMANI AND OTHERS1. Therefore, the appellant/Insurance Company is not liable to indemnify the claimant/pillion rider. The owner alone shall be liable to pay compensation to the claimant/pillion rider. Consequently, the appeal is liable to be allowed in part. 7. In the result, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 03.06.2015 passed in MVC No.2242/2013 on the file of V Additional District and Sessions Judge and Presiding Officer, MACT-VI, Belagavi, stands modified. iii. The owner of the motorcycle bearing Reg.No.KA-22/ED-0465 shall pay compensation to the claimant/pillion rider. 1 MFA No.31781/2010 and other connected matters - 5 - HC-KAR NC: 2025:KHC-D:7561 MFA No. 102830 of 2015 iv. The appellant/Insurance Company is exonerated from paying the compensation. v. Draw award accordingly. vi. The amount deposited by the appellant/Insurance Company shall be refunded to it. vii. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 26