The Divisional Manager v. Asagarali Mohammadsab Tahasildar
Motor Vehicles Act – Liability only (Act) policy – Pillion rider not a third party – Insurer not liable to pay compensation for injuries to pillion rider
Case brief
What is this about?
Karnataka HC, Dharwad Bench, 17.07.2025, MFA No.20065 of 2012 (MV-D), Hanchate Sanjeevkumar J.: Insurer (National Insurance Company Ltd.) held not liable for injuries to a pillion rider under a liability only/Act policy (Ex.R-1); pillion rider is not a third party; owner/respondent No.2 (brother of the claimant) alone directed to pay entire compensation for the 10.11.2005 accident involving motorcycle Reg.No.KA-22/K-2086; issue treated as squarely covered by Divisional Manager vs. Shamaraya S/o Basanna Kattimani and Others (MFA No.31781/2010); appeal under S.173(1) MV Act against award dated 28.07.2011 in MVC No.256/2009 of Addl. MACT, Belgaum allowed; insurer's liability set aside and deposit refunded.
What did the court decide?
Appeal of the Insurance Company allowed; judgment and award dated 28.07.2011 in MVC No.256/2009 modified holding respondent No.2/owner of motorcycle bearing Reg.No.KA-22/K-2086 alone liable to pay compensation to the claimant; liability fastened on the Insurance Company set aside; amount in deposit refunded to the Insurance Company; no order as to costs.