A valid insurance policy obligates the insurer to compensate third parties, regardless of the insured's breach of policy conditions, unless the breach directly contributed to the accident.

JUDGMENT

1. This appeal is filed by the claimant being aggrieved by the award dtd. 18/6/2013 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru in MVC No.2801/2011.

2. The claim petition is filed seeking compensation of an amount of Rs.10, 00, 000.00 for the injuries sustained by him in the accident. The case of the claimant is that on 25/3/2011 at about 7.30 a.m. as a pedestrian while he was walking on the side of the pipeline road, at that time the rider of the motor bike came from the pipeline road to S M Road in a rash and negligent manner with high speed without observing traffic rules and regulations, tried to overtake a lorry from the right side and dashed against the petitioner. Due to the impact, the claimant fell down and sustained grevious injuries. Immediately he was shifted to Columbia Asia Hospital where he was given first aid treatment and admitted as an inpatient from 25/3/2011 to 27/3/2011 with an advice of follow up treatment. According to him, he was getting income of an amount of Rs.10, 000.00 at the time of accident. After the said accident, he is unable to do the job and he also lost the income.

2.1 It is the case of the insurance company that as three persons were travelling in the said bike, it is violation of the terms and conditions of the policy, as such, the insurance company is not liable to pay compensation.

2.2 On behalf of the claimant, PW1 was examined. On behalf of the respondents, RW1 was examined. Exs.P.1 to 15 and Exs.R.1 to R.5 were marked.

2.3 In the evidence it is elicited that the medical expenses that are paid by the petitioner is already reimbursed. Recording the same, the petitioner was not granted any amount towards future earning capacity and medical expenses. The Court below had observed that as the petitioner had sustained one grevious injury and one simple injury, an amount of Rs.25, 000.00 was awarded towards pain and sufferings.

2.4 Towards food, conveyance and other expenses during treatment period, the Court below had granted an amount of Rs.10, 000.00. For loss of pay on medical leave period, an amount of Rs.20, 000.00 is granted. Altogether, an amount of Rs.55, 000.00 was granted as compensation to the petitioner.

2.5 When it comes to the liability, the Court below has observed that as there were three persons travelling on the offending vehicle by violating the terms and conditions of the insurance policy, the owner of the motor bike alone is liable to pay compensation and the insurance company is not liable to pay compensation.

3. Learned counsel appearing for the appellant/claimant submits that the Court below had exonerated the insurance company from the liability. It is submitted that when there is a valid policy existing as on that date and on the mere violations of the terms and conditions of the policy, the tribunal ought not to have exonerated the insurance company. He submitted that the insurance company is liable to pay compensation. The claimant sustained disability because of the injuries and the tribunal had failed to grant reasonable amount for the injuries sustained by him and towards extra nourishment, travelling and other heads, it is submitted that the compensation that was granted was not just and reasonable.

4. Learned counsel appearing for the insurance company submits that the charge sheet and the FIR discloses that there were three persons travelling on the bike which is contrary to the terms and conditions of the policy. As such, the Court below has rightly exonerated the insurance company. He further submits that when the claimant has got reimbursement and when he has not examined any doctor in support of his case that he has sustained disability, the Court below rightly not granted any amount for the disability. He submits that the claimant continued in the same work and there was no loss of salary or future prospects were affected. It is submitted that the compensation that is granted is just and reasonable.

5. Having heard the lear