- 1 - HC-KAR NC: 2026:KHC:1277 MFA No. 2691 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2691/2015 (MV-I) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., HUB MAHALAKSHMI CHAMBERS, M G ROAD, BANGALORE-1 BY DULY CONSTITUTED AT …APPELLANT (BY SRI. C.R. RAVISHANKAR FOR SRI. K SURYANARAYANA RAO, ADVOCATES) AND: 1. H.N. SRINIVASA GOWDA S/O H N NANJEGOWDA AGED ABOUT 46 YEARS R/O HUNGENAHALLI VILLAGE KASABA HOBLI, MALUR TQ KOLAR DISTRICT PRESENTLY R/AT NELAKANTAPPA NILAYA, 2ND CROSS, 3RD MAIN DEVASANDRA, K R PURAM BANGALORE-560 036. 2. S RAMESH KUMAR MAJOR IN AGE S/O SEETHARAMAPPA R/O MARUTHI NILAYA PRASHANTH NAGAR ASHOK NAGAR POST MANGALORE-575 016 …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1277 MFA No. 2691 of 2015 (V/O DTD:08.02.2021, SERVICE OF NOTICE TO R1 HELD SUFFICIENT, R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.02.2013 PASSED IN MVC NO.4860/2011 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXIV ACMM, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, AWARDING COMPENSATION OF Rs.33,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT I.A. No.1 of 2026 for permission to produce copy of the policy is allowed. 2. The New India Insurance Company has preferred this appeal against the judgment and award dated 23.02.2013 passed by the IX Additional Senior Civil Judge, Small Causes Court, Bangalore, in MVC No.4860 of 2011. 3. Injured claimant met with an accident on 27.05.2011 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.33,000/- with interest at the rate of 6% per annum from date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:1277 MFA No. 2691 of 2015 4. Aggrieved by the said order, the Insurance company has preferred this appeal mainly contending that respondent No.1 was travelling as a pillion rider and the policy issued is an Act policy. As such, the risk of pillion rider is not covered under the said policy. But, the Tribunal erred in granting the compensation against them. The appellant – insurance company has relied upon the judgment of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd. Vs. Tilak Singh11 and in the case of Oriental Insurance Co. Ltd Vs. Sudhakaran K.V. and Others2. It is further contended that the appellant-insurance company also filed Review Petition No.24 of 2013 by producing copy of the insurance policy. But, the review petition was dismissed and the insurance company was directed to pay the amount and recover the same from the owner of the vehicle. 5. In spite of service of notice, respondents herein did not turn up and set ex parte. 1 (2006)4 SCC 404 2 AIR 2008 SC 2729 - 4 - HC-KAR NC: 2026:KHC:1277 MFA No. 2691 of 2015 6. Heard the learned counsel of the appellant-insurance company. 7. Admittedly, the policy is an Act policy and the claimant was a pillion rider and the risk of pillion rider was not covered under the Act policy. As such, the Insurance Company is not liable to pay compensation and is exonerated from paying the compensation. Ordered accordingly. 8. In the result, the following order is passed: (i) Appeal is allowed. (ii) The impugned order passed by the Tribunal is set aside. (iii) The claimant is at liberty to recover the compensation amount from the owner of the vehicle-respondent No.2 by due process of law. (iv) The amount already deposited by the appellant - insurance company is directed to be refunded to the appellant. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 2 Sl No.: 2