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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Manager, New India Assurance Company Limited – Appellant
Versus
Laxmi W/o. Basappa Karepp – Respondent
JUDGMENT :
VIJAYKUMAR A.PATIL, J.
MFA.No.101347/2024 is filed by the parents of the pillion rider in MVC.No.2523/2019, MFA.No.100121/2024 is filed by the wife of the pillion rider in MVC.No.2523/2019, MFA.No.100345/2024 is filed by the wife of the pillion rider in MVC.No.2061/2019, MFA.No.103134/2024 is filed by the parents of the rider in MVC.No.2522/2019 and MFA.Nos.100210, 100206 and 100208 of 2024 are filed by the Insurance Company in MVC.Nos.2523, 2061 and 2522 of 2019, respectively. These appeals are arising out of the judgment and award dated 11.08.2023 passed in the above said claim petition by the learned Senior Civil Judge and Addl. MACT., Bailhongal, [for short ‘Tribunal’]
2. The parties henceforth are referred to as per their ranking before the Tribunal for the purpose of convenience.
3. Brief facts leading to filing of these appeals are that on 27.08.2019 the deceased Kareppa was proceeding on a Bajaj motorcycle bearing Registration No.KA-24/X- 1814 as a pillion rider from Belawadi village to Bailhongal along with his friend Dilavarsab who was riding the said motorcycle by following the traffic rules. When they reached Bailhongal – Dharwad road near the land of Smt.Akkavva
The court upheld the Tribunal's apportionment of liability for accident compensation, establishing 70% liability on the Insurance Company for payments with recovery rights against the motorcycle owne....
The court ruled that contributory negligence assessment by the Tribunal was sound, while modifying the compensation based on a more accurate income assessment, leading to a total compensation of Rs.2....
The proper assessment of negligence and income in fatal accident cases is essential for determining just compensation, reinforced by precedent in awarding future loss prospects.
Insurance policies must be adhered to; violations can exempt insurers from liability.
Court revised compensation due to inadequate initial award for severe injuries, establishing new liability distribution among parties.
Insurance companies cannot evade liability if they fail to prove the driver's lack of a valid license and if the vehicle was insured.
Insurance Company would not be liable to pay compensation to the pillion rider.
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