- 1 - NC: 2025:KHC-D:699 MFA No. 102761 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102761 OF 2016 (MV) BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI. REPRESENTED BY IT’S NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE, 2ND FLOOR, SRINATH COMPLEX, NEW COTTON MARKET, HUBBALLI, REPRESENTED BY ITS REGIONAL MANAGER. …APPELLANT (BY SRI SHARNAPPA S.KOLIWAD, ADVOCATE) AND: 1. SRI PARASHRAM NAGO SAVANT, AGE: 27 YEARS, OCC: MASON/COOLIE, R/O: BEKKINKERE, TQ: DIST: BELAGAVI, HINDALGA, KARNATAKA-591108, (OWNER OF BAJAJ DISCOVER BEARING REG.NO.KA-22-EE-9925) 2. SRI SHIVAJI P.PATIL, AGE: MAJOR, OCC: SERVICE IN ARMY, R/O: NITTUR, TQ: CHANDGAD, DIST: KOLHAPUR, STATE:MAHARASHTRA. PRESENT C/O: 56, APO, BHATINDA PUNJAB (OWNER OF THE MOTOR CYCLE BEARING REG.NO.PB-03-X-1737) …RESPONDENTS (NOTICE TO R1 IS SERVED; R2-NOTICE HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 16.02.2016 IN MVC.NO.2087/2012 MADE BY THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, EXAMINE THE SAME, AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:699 MFA No. 102761 of 2016 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the Insurance Company challenging the judgment and award dated 16.02.2016, passed by the VIII Additional District and Sessions Judge, Belagavi, in MVC No.2087/2012, insofar as its liability to pay compensation as well as awarding interest at the rate of 9% p.a. 2. The accident is between two motorcycles bearing Reg.No.KA-22-EF-9925 and motorcycle No.PB-03-X-1737. The petition is filed under Section 163-A of the MV Act. The claimant is the owner of the motorcycle bearing Reg.No.KA-22-EF-9925. Since both the motorcycles are involved in the accident, both owners and insurers (if any) are liable for payment of compensation equally at 50:50 ratio. - 3 - NC: 2025:KHC-D:699 MFA No. 102761 of 2016 3. The Tribunal has awarded compensation of Rs.55,000/-. Therefore, the claimant himself is responsible for 50% and rider and owner of motorcycle No.PB-03-X-1737 is liable to pay compensation to the claimant. The Tribunal observed that the insurance company of the claimant is not liable to pay compensation for the reason that the claimant has not produced any evidence to show that he has paid extra premium for the liability of the owner. Therefore, the claimant himself is liable for his actionable claim. There is no premium paid for coverage of partial accident. Therefore, the Tribunal is correct in holding that the insurance company is not liable to pay compensation to the claimant. Therefore, there is an error crept in by the Tribunal in ordering the appellant to pay compensation of Rs.27,500/-, which is 50% of total compensation of Rs.55,000/-. Therefore, the claimant is entitled for compensation of Rs.27,500/- from the respondent No.2 only, who is owner of motorcycle No.PB- 03-X-1737. The Tribunal has misconstrued itself observing that the appellant is insurer-respondent No.2. Therefore, - 4 - NC: 2025:KHC-D:699 MFA No. 102761 of 2016 directing the appellant/insurance company to pay compensation of Rs.27,500/- to the claimant is set aside. The claimant is entitled for compensation of Rs.27,500/- only from the respondent No.2 who is owner of the motorcycle No.PB-03-X-1737. 4. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The judgment and award dated 16.02.2016, passed by the VIII Additional District and Sessions Judge, Belagavi, in MVC No.2087/2012, is modified holding that the claimant is entitled for compensation of Rs.27,500/- from the respondent No.2- owner of the motorcycle No.PB-03-X-1737. iii) The amount in deposit shall be transmitted to the tribunal. - 5 - NC: 2025:KHC-D:699 MFA No. 102761 of 2016 iv) No order as to costs. v) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 2 Sl No.: 21