- 1 - NC: 2025:KHC-D:3530 MFA No. 103043 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103043 OF 2014 (MV-D) BETWEEN: SURAJ ULLAS DHARGALKAR, AGE ABOUT 35 YEARS, OCC: PRIVATE SERVICE, R/O: HOUSE NO.104/12, KASARWADA, KHORLIM MAPUSA, DIST: GOA, NORTH GOA, …APPELLANT (BY SMT. NANDINI B.SOMAPUR, ADVOCATE) AND: 1. VISHWAMBAR AVU ACHARI, AGE ABOUT 77 YEARS, OCC: 2. SUDHA VISHWAMBAR ACHARI, AGE: 60 YEARS, OCC: HOUSEWIFE, BOTH ARE R/O. HARVADA, TQ: ANKOLA, NOW RESIDING AT POLICE QUARTERS, NEAR TOWN POLICE STATION, SIRISI. 3. THE NATIONAL INSURANCE CO. LTD., MARCHON BUILDING, 2ND FLOOR, VARDE VALULIKAR ROAD, MARGOA, GOA. …RESPONDENTS (BY SMT. V. VIDYA IYER, ADVOCATE FOR R1 AND R2; NOTICE TO R3 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE IMPUGNED AWARD PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, SIRSI IN MVC NO.33/2012 DATED 27.12.2013 AND REMAND THE MATTER TO THE TRIBUNAL FOR FRESH ENQUIRY IN THE MATTER BY GIVING OPPORTUNITY TO THE APPELLANT TO FILE HIS OBJECTIONS AND PRODUCE EVIDENCE ORAL AS WELL AS DOCUMENTARY IN HIS FAVOUR AND ETC., Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3530 MFA No. 103043 of 2014 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) Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the owner of the motorcycle bearing registration No.GA-03-B-6646, challenging the judgment and award dated 27.12.2013, passed in MVC No.33/2012, by the Court of Senior Civil Judge and Additional MACT, Sirsi (for short, ‘Tribunal’), questioning the liability fastened on it to pay compensation by exonerating the Insurance Company. 3. It is not disputed that deceased was pillion rider on the offending motorcycle bearing registration No.GA-03-B-6646 and was died in the road traffic accident. Upon the claim petition filed by the claimants, the Tribunal has awarded compensation of Rs.6,05,440/- along with interest at the rate of 6% per annum from the date of petition till the date of - 3 - NC: 2025:KHC-D:3530 MFA No. 103043 of 2014 payment. But the Tribunal has fastened liability on the owner of motorcycle bearing registration No.GA-03-B-6646, on the reason that Ex.R2 is “liability only policy”, which does not cover the risk of pillion rider as the pillion rider is not a third party and Ex.R3 is conditions. Admittedly, the deceased was pillion rider on the offending motorcycle. Therefore, when the insurance policy is liability only policy and the deceased was a pillion rider, hence, the risk of pillion rider is not covered under the liability only policy. The issue is squarely covered by this Court in the case of DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY Ltd., AND OTHERS VS. SHAMARAYA AND OTHERS1. Therefore, under the liability only policy, the risk of pillion rider is not covered, unless there is an evidence of payment of extra premium covering the risk of pillion rider. Therefore, the Tribunal is correct in exonerating the Insurance Company by fastening liability on the owner of motorcycle bearing registration No.GA-03-B-6646. Therefore, there is no good ground made out in the present case to interfere with the judgment and award passed by the Tribunal. 1 MANU/KA/4690/2020 - 4 - NC: 2025:KHC-D:3530 MFA No. 103043 of 2014 4. Hence, the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. 5. No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 58