The Divisional Manager Vs Bijan Kauram Owary — Motor Accident Claims | Karnataka HC (2025)

The Divisional Manager Vs Bijan Kauram Owary — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; judgment and award dated 22.11.2014 in MVC No.1681/2012 modified holding the appellant/insurance company liable to pay compensation to the extent of 50% only of the compensation determined and awarded by the Tribunal; amount in deposit to be transmitted to the Tribunal; no order as to costs; modified award to be drawn.

Issue for consideration

Whether the appellant-insurance company, insurer of motorcycle No.MH-12/TRJ572, is liable for the entire compensation awarded by the Tribunal or only 50% thereof, when both motorcycles were involved in the accident. +1 more

Court's answer

Where both motorcycles are involved in the accident, the owners and insurance companies of both motorcycles are liable to pay compensation in the ratio of 50:50.

Ratio / Principle

As the owner and insurer of motorcycle No.KA-23/V-5803 were not made parties, the appellant is entitled to pay compensation only to the extent of 50% of the amount determined and awarded by the Tribunal.

Key takeaways

In a claim petition under Section 163-A where two motorcycles are involved, rashness and negligence need not be pleaded and proved.obiter¶37

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 - Sections 163-A and 173(1) - Appeal by insurer challenging the entire liability fastened on it under the award of Rs.2,85,000/- in MVC No.1681/2012 (fatal accident between motorcycles MH-12/TRJ-572 and KA23/V-5803) - Claim filed under Section 163-A, wherein rashness and negligence need not be pleaded or proved - Where both motorcycles are involved in the accident, the owners and insurance companies of both are liable to pay compensation in the ratio of 50:50 - Owner and insurer of the other motorcycle (KA-23/V-5803) not made parties - Held, appellant-insurer liable only to the extent of 50% of the compensation determined and awarded by the Tribunal - Appeal allowed and award modified accordingly; amount in deposit transmitted to the Tribunal; no order as to costs.

1 - NC: 2025:KHC-D:9151 MFA No. 100180 of 2015

HC-KAR

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 24^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

MISCELLANEOUS FIRST APPEAL NO. 100180 OF 2015 (MV-D)

BETWEEN:

THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, CLUB ROAD, BELAGAVI, REP. BY DEPUTY MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI.

…APPELLANT.

(BY SRI M K SOUDAGAR, ADVOCATE.)

AND:

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

BIJAN KAURAM OWARY AGE: 52 YEARS, OCC: COOLIE, R/O: BIKRAMPUR, P.O.BERIGTAL, DIST: CHIRANG BTC, ASSAM STATE.

MEGHASHREE W/O BIJAN OWARY AGE: 47 YEARS, OCC: HOUSEWIFE, R/O: BIKRAMPUR, P.O BERIGTAL, DIST: CHIRANG BTC, ASSAM STATE.

SANJAY ANNASAHEB KALE AGE: MAJOR, OCC: BUSINESS, R/O: NO.1291, SHEDBAL STATION, TALUK: ATHANI, DIST: BELAGAVI.

MEENAXI W/O UMESH BHAJANTRI AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O: ADHALLI, TALUK: ATHANI, DIST: BELAGAVI.

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RAJU S/O UMESH BHAJANTRI AGE: 11 YEARS, OCC: STUDENT, MINOR REP. BY NATURAL MOTHER RESPONDENT NO.4, MEENAXI W/O UMESH BHAJANTRI, R/O: ADAHALLI,

TALUK: ATHANI, DIST: BELAGAVI.

POOJA D/O UMESH BHAJANTRI AGE: 9 YEARS, OCC: STUDENT, RESPONDENT NO.4, MINOR REP. BY NATURAL MOTHER MEENAXI W/O UMESH BHAJANTRI, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI.

GANESH S/O UMESH BHAJANTRI AGE: 7 YEARS, OCC: STUDENT, RESPONDENT NO.4, MINOR REP. BY NATURAL MOTHER MEENAXI W/O UMESH BHAJANTRI, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI.

BASAPPA BHIMAPPA BHAJANTRI AGE: 72 YEARS, OCC: NIL, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI.

SMT. SUSHILA BHIMAPPA BHAJANTRI AGE: 62 YEARS, OCC: NIL, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI.

…RESPONDENTS

(R.1 TO R.4, R.8, R.9 – NOTICE SERVED; R.5 TO R.7 – MINORS, REP. BY RESPONDENT NO.4.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.11.2014, PASSED IN MVC NO.1681/2012, ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-III, BELAGAVI, BY ALLOWING THIS APPEAL AND ETC.,.

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HC-KAR

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This appeal is filed by the insurance company challenging the judgment and award dated 22.11.2014, passed by the Presiding Officer, Fast Track Court-III, Belagavi, in MVC No.1681/2012, questioning the entire liability fastened on it.

Heard the arguments of learned counsel for appellant insurance company and perused the material placed before the Court.

Due to the accident between two motorcycles bearing No.MH-12/TRJ-572 and KA23/V-5803, the deceased died in the accident. The claim petition was filed under section 163-A of the Motor Vehicles Act (‘the Act’ for short). When two motorcycles are involved in the accident and since the claim petition is filed under section 163-A of the Act, therefore, rash and negligence need not be

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HC-KAR

pleaded and proved. The tribunal has determined and awarded the compensation of Rs.2,85,000/-, but the entire liability is saddled on the appellant/insurance company who is insurer of the motorcycle No.MH-12/TRJ572. When both the motorcycles are involved in the accident, both the owners and insurance companies of both case are liable to pay compensation at the ratio of 50:50.

The owner and insurer of the motorcycle bearing No.KA-23/V-5803 are not made as parties. Therefore, the appellant is entitled to pay compensation to the extent of 50% only of what has been determined and awarded by the tribunal. Therefore, the appeal filed by the appellant/insurance company is liable to be allowed. Hence, I proceed to pass the following:

i) The appeal is allowed.

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ii) The judgment and award dated 22.11.2014,

passed by the Presiding Officer, Fast Track Court-III, Belagavi, in MVC No.1681/2012 is modified holding that the appellant/insurance company is liable to pay compensation to the extent of 50% only of the compensation determined and awarded by the tribunal.

iii) The amount in deposit shall be transmitted to the tribunal.

iv) No order as to costs.

v) Draw modified award accordingly.

Sd/(HANCHATE SANJEEVKUMAR) JUDGE

MRK CT: BCK. List No.: 1 Sl No.: 44