- 1 - HC-KAR NC: 2025:KHC:32456 MFA No. 3703 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.3703 OF 2022(MV-I) BETWEEN: 1. M/S. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., VISHRANTHI MELARAM TOWERS NO.21319, RAJIVGANDHI SALAI (OMR) KARAPAKKA, CHENNAI REPRESENTED BY ITS BENGALURU OFFICE AT NO.30, 3RD FLOOR JNR CITY CENTER RAJA RAM MOHAN ROY ROAD SAMPANGIRAMA NAGAR BENGALURU-560027 BY STATE HEAD LEGAL …APPELLANT (BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE) AND: 1. SRI JAYAKUMAR S/O MARISIDDAIAH AGED ABOUT 68 YEARS RESIDING AT YELANADU VILLAGE HULIYAR HOBLI, C.N.HALLI TALUK TUMAKURU DISTRICT. …RESPONDENT (BY SRI. MANJE GOWDA B.V., ADVOCATE FOR SRI. CHANDRASHEKARA K.A., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.18.11.2021 PASSED IN MVC NO.1166/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIX MACT, CHIKKANAYAKANAHALLI, AWARDING COMPENSATION OF Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32456 MFA No. 3703 of 2022 RS.80,700/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1166/2018 dated 18.11.2021 by the Senior Civil Judge and Motor Vehicles Accident Claims Tribunal, Chikkanayakanahalli, whereby the Tribunal had granted compensation of an amount Rs.80,700/-. The Insurance Company is before this Court. 2. The claim petition is filed seeking compensation of an amount Rs.8,00,000/- for the injuries sustained by the claimant in the road traffic accident. The claimant and his wife were travelling in their car and the driver of the car drove the vehicle in a rash and negligent manner and hit to the tractor. As a result, he had sustained injuries on his head and left eye. Now the claim petition is filed against the insurer of his own vehicle and Insurance Company had filed their objections. 3. It is the case of the Insurance Company that the owner of the vehicle cannot file a claim petition against their own - 3 - HC-KAR NC: 2025:KHC:32456 MFA No. 3703 of 2022 insurer and the policy only covers the risk of the third party. That aspect was not considered by the Tribunal and Tribunal had granted the compensation. 4. Learned appearing for the respondent submits that its the comprehensive policy and the Insurance Company is liable to pay the compensation. 5. Having heard the learned counsels on the other side, perused papers. The owner of the vehicle has filed the claim petition against his own Insurance Company seeking compensation for the injuries sustained by him. Both the Insurer and Insured are governed by the terms and conditions of the policy. The policy is issued for the damages or any injury to the third party, but not to the owner of the vehicle. In those circumstances, the Insurance Company is not liable to pay the compensation. Even to claim the personal accident coverage also, this is not a case of 100% disability or loss of life but only a case of injury. - 4 - HC-KAR NC: 2025:KHC:32456 MFA No. 3703 of 2022 6. Accordingly, the order passed in MVC.No.1166/2018 dated 18.11.2021 by the Senior Civil Judge and Motor Vehicles Accident Claims Tribunal, Chikkanayakanahalli is set aside. i. The Appeal of the Insurance Company is allowed. ii. The insurance company is at liberty to withdraw the amount in deposit. iii. All pending I.As in the appeal shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 27