- 1 - HC-KAR NC: 2025:KHC:34275 MFA No. 2385 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2385 OF 2013 (MV) BETWEEN: THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED II FLOOR, RAVA BUILDING, GOPI CIRCLE, A A CIRCLE, B H ROAD, SHIMOGA BY ITS MANAGER. …APPELLANT (BY SRI. O MAHESH.,ADVOCATE) AND: 1. SMT JAYAMMA AGED ABOUT 40 YEARS W/O GOPALA, R/O HUMCHADAKATTE VILLAGE, THIRTHAHALLI TALUK, SHIMOGA DISTRICT. 2. KRISHNAIAH SHETTY MAJOR SINCE DEAD BY HIS LRS 2(A) SMT INDIRAMMA W/O KRISHNAIAH SHETTY AGED ABOUT 60 YEARS, 2(B) HARISHA S/O KRISHNAIAH SHETTY, AGED ABOUT 30 YEARS, BOTH R/AT KARAKODULU, Digitally signed by C SOWMYA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34275 MFA No. 2385 of 2013 DAMLAPURA POST, THIRTHAHALLI TALUK, SHIVAMOGGA DIST. 2(C) JYOTHI D/O KRISHNAIAH SHETTY, W/O RAGHU SHETTY, AGED ABOUT 55 YEARS, R/AT ALUR, DAMLAPURA POST, THIRTHAHALLI TALUK, SHIVAMOGGA DIST. 2(D) SHASHIKALA D/O KRISHNAIAH SHETTY, W/O SURESH, R/AT DATTARAJAPURA, BAVIKAISRU POST, THIRTHAHALLI TALUK, SHIVAMOGGA DIST. …RESPONDENTS (BY SRI. PRAKASH HEGDE K, ADVOCATE FOR R1; R2(A), R2(B), R(C), R2(D) ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.13 PASSED IN MVC NO.8932/2011 ON THE FILE OF THE DISTRICT JUDGE, I FAST TRACK COURT, ADDITIONAL MACT, SHIMOGA, AWARDING A COMPENSATION OF RS.2,48,673/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:34275 MFA No. 2385 of 2013 ORAL JUDGMENT This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimant being aggrieved by the judgment dated 19.01.2013 in MVC No.8932/2011 passed by the Motor Accident Claims Tribunal. 2. Heard the arguments of both sides. 3. The brief facts leading to this case are that on 06.01.2011 at 6 p.m. the petitioner was traveling as a pillion rider in the Motor Cycle No.KA-14-Q-0266 from Karekodlu to Hymchadakatte. When they were proceeding at 6 p.m. near Neelagiri Plantation, the rider of the bike riding the vehicle in a rash and negligent manner and suddenly skid the bike and the petitioner fell down and got severe injuries. Hence, she has filed the claim petition claiming compensation from the Respondents. 4. The claimant filed petition under Section 166 of the Act, claiming compensation of Rs.5,50,000/-. The Tribunal considering the oral and documentary evidence awarded - 4 - HC-KAR NC: 2025:KHC:34275 MFA No. 2385 of 2013 compensation amount of Rs.2,48,673/- along with interest at the rate of 6% p.a. from the date of petition till payment. 5. Agreed by the said order, the Insurance Company preferred this appeal and mainly contended that the policy was only an Act policy and no extra premium was paid to cover the risk of pillion rider. The claimant was travelling as a pillion rider in the Motorcycle No. KA-14-Q-0266 and sustained injuries in the accident. The Tribunal, having noticed the two-seating capacity in the policy, without verifying whether additional premium was paid for the pillion rider or not, fixed the liability on the Insurance Company 6. No doubt, the policy was in existence as on the date of accident, but the risk of the pillion rider was not covered under the said policy. 7. Therefore, this Court finds that it is just and reasonable to allow the appeal and exonerate the Insurance Company from paying the liability. 8. Accordingly, I pass the following: ORDER i. The appeal is allowed. - 5 - HC-KAR NC: 2025:KHC:34275 MFA No. 2385 of 2013 ii. The claimant is at liberty to recover the compensation amount from the owner of the offending vehicle by due process of law. iii. The Insurance Company is exonerated from liability to pay compensation to the claimant. iv. The amount already deposited by the Insurance Company shall be transferred to the concerned MACT forthwith and refunded to them. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 40