Injured motorcycle rider appealed dismissal of his Section 163-A claim petition against his own insurer. The High Court held the injuries did not fall within the policy's personal accident cover and upheld the Tribunal's dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:2636 MFA No. 20348 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.20348 OF 2012 (MV-I)
BETWEEN:
SHRI. DILIP ISHWARA SALOKHE @ SALUNKHE, AGE: 29 YEARS, OCC: SCRAP BUSINESS NOW NIL, R/O. ANKALI, TQ: CHIKODI, DIST: BELAGAVI. NOW AT PRESENT C/O. SHIVA CHOUGULE, GANGWADI, RAMNAGAR BELAGAVI.
…APPELLANT
(BY SRI. SANTOSH B.RAWOOT, ADVOCATE)
AND:
Digitally signed
by SAROJA
SAROJAHANGARAKI HANGARAKIDate:2024.02.19
16:00:33
+0530
…RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2; NOTICE TO R1 SERVED )
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DTD:21-09-2011 PASSED IN MVC.NO.1690/2010 ON THE FILE OF THE II-ADDL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, DISMISSING THE PETITION FILED U/SEC.163-A OF MV ACT.
THIS M.F.A., COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Santosh B Rawoot, learned counsel for the
appellant and Sri.R.R.Mane, learned counsel for the respondent – Insurance Company.
Claimant filed a claim petition under Section 163-A of Motor Vehicles Act contending that he being the rider of motorcycle bearing No.MH-09/JD-4976, met with a road traffic accident involving another motorcycle bearing No.KA-23/J-2248 on 04.06.2008 at 1.45 p.m. when he
was proceeding from Ankali to meet his cousin sister on Chikodi-Ankali road near Kadapur cross.
dismissed on the ground that even though charge sheet came to be filed against the motorcycle bearing No.KA23/J-2248, he did not choose to implead the owner of motorcycle bearing No.KA-23/J-2248 or its Insurance Company and chose to file claim petition only against his own insurer under Section 163-A of Motor Vehicles Act and therefore, he is not entitled to claim compensation from his own insurer.
claimant is in appeal.
been charge sheeted by the police and also Insurance Company of the said motorcycle.
whether insurer of claimant’s motorcycle bearing No.MH09/JD-4976 was liable to pay compensation or not.
14. Accordingly, there is no case made out by the
claimant to interfere with the well reasoned order.
order is passed:
ORDER
Sd/JUDGE
SH
List No.: 2 Sl No.: 37
1 issue framed by the court
Whether a claimant who did not implead the opposite vehicle's owner or insurer can claim compensation from his own insurer under Section 163-A despite payment of additional personal accident premium.
2 provisions across 1 enactments
Shri Dilip Ishwara Salokhe @ Salunkhe
Shri Vasant S/o Shripati Jagatap
The Manager, Bajaj Allianz General Insurance Co. Ltd.
V.Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
