Case Note & Summary
The case involves an appeal filed by Bajaj Allianz General Insurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal (MACT) in MVC No.1863/2009. The claim petition was instituted by respondents 1 and 2 (Shivaji Dattu Nikam and Smt. Sunita Shivaji Nikam) seeking compensation for the death of their son Ravindra S Nigam. The deceased was traveling as a pillion rider on a motor cycle bearing registration No.KA-11-R-5462, which collided with a jeep bearing No.CNE-7707, resulting in fatal injuries. The Tribunal awarded compensation of Rs.2,56,500 with interest at 6% per annum from the date of petition till deposit, fixing liability on the appellant/insurer. The insurer appealed under Section 173(1) of the Motor Vehicles Act, 1988, challenging the award. The High Court, after hearing the parties, dismissed the appeal, upholding the Tribunal's decision. The court found no grounds to interfere with the compensation amount or the rate of interest, as the policy covered the pillion rider and the award was just and fair.
Headnote
A) Motor Accident Claims - Liability of Insurer - Pillion Rider - Section 173(1) of Motor Vehicles Act, 1988 - The appeal challenged the Tribunal's award of compensation for the death of a pillion rider in a motor vehicle accident. The court upheld the Tribunal's finding that the insurer is liable to pay compensation, as the policy covered the pillion rider. The compensation of Rs.2,56,500 with 6% interest was not interfered with. (Paras 1-3)
Issue of Consideration
Whether the insurer is liable to pay compensation for the death of a pillion rider under the Motor Vehicles Act, 1988.
Final Decision
The appeal is dismissed. The judgment and award of the Tribunal dated 17.02.2012 in MVC No.1863/2009 is confirmed.
Law Points
- Liability of insurer for pillion rider
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for death
- Interest rate
Case Details
2016 LawText (KAR) (07) 57
Sri.A.N. Krishnaswamy (for appellant), Sri. Anantharam.C. (for respondents 1 and 2), Sri. Veerabhadra Swamy H.P. (for respondent 3)
Bajaj Allianz General Insurance Co. Ltd.
Shivaji Dattu Nikam, Smt. Sunita Shivaji Nikam, Aswath Kumar, Manju, Meer Azmath
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Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal in a claim for compensation for death in a motor vehicle accident.
Remedy Sought
The appellant/insurer sought to set aside the Tribunal's award of compensation.
Filing Reason
The insurer was aggrieved by the Tribunal's order fixing liability on it to pay compensation for the death of a pillion rider.
Previous Decisions
The Tribunal in MVC No.1863/2009 awarded compensation of Rs.2,56,500 with interest at 6% p.a. against the insurer.
Issues
Whether the insurer is liable to pay compensation for the death of a pillion rider under the Motor Vehicles Act, 1988.
Submissions/Arguments
The appellant/insurer contested the case before the Tribunal, but the Tribunal fixed liability on it. The insurer appealed against the award.
Ratio Decidendi
The insurer is liable to pay compensation for the death of a pillion rider as the policy covers such risk. The Tribunal's award of compensation with interest is just and fair, and no interference is warranted.
Judgment Excerpts
This appeal is directed against the judgment and order passed by the Motor Accident Claims Tribunal, Bangalore (the ’Tribunal’ for short) in MVC No.1863/2009.
The claim petition was instituted by respondents 1 and 2 seeking compensation for the death of their son Ravindra S Nigam contending that their son was traveling as a pillion rider on the motor cycle bearing Regn.No.KA-11-R-5462 which collided with a jeep bearing No.CNE-7707 as a result of which deceased Ravindra suffered fatal injuries and succumbed to the injuries.
Being aggrieved, the appellant/insurer contested the case. The Tribunal after appreciating the evidence on record awarded compensation of Rs.2,56,500/- with interest @ 6% p.a. fixing the liability on the appellant/insurer.
Procedural History
The claim petition was filed by respondents 1 and 2 before the Motor Accident Claims Tribunal (MACT) in MVC No.1863/2009. The Tribunal awarded compensation on 17.02.2012. The insurer appealed under Section 173(1) of the Motor Vehicles Act, 1988 before the High Court of Karnataka. The appeal was heard and reserved for judgment on 04.07.2016, and judgment was pronounced on 12.07.2016.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
