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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
LALITHA KANNEGANTI
B.K. Narasimha Murthy S/o Kenchaiah – Appellant
Versus
Manager United Insurance Co. Ltd. – Respondent
JUDGMENT :
LALITHA KANNEGANTI, J.
1. Aggrieved by the award passed in MVC.No.3122/2019 dated 15.11.2021 by the III Additional Small Causes Judge & ACMM, Bengaluru, the appellant/claimant is before this Court questioning the liability fixed on the owner of the vehicle and also seeking enhancement of the compensation.
2. The claim petition was filed seeking compensation of an amount of Rs.5,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 24.03.2019 at about 12:30 p.m., when he was riding his motorcycle, at that time, all of a sudden, another motorcycle driven by its rider came in a rash and negligent manner, endangering to human life and dashed against the claimant. Consequently, the claimant fell down and sustained grievous injuries.
3. It is the case of respondent No.1/Insurance Company that due to the negligence on the part of the claimant, accident had occurred and respondent No.2 being the owner of the offending vehicle violated the terms and conditions of the insurance policy and as on the date of the accident, the rider of the offending vehicle was a minor and before the Tribunal, the owner of the offending v
The principle of pay and recover applies when an insurer is exonerated from liability due to violations of policy conditions, ensuring claimants receive compensation despite such breaches.
The insurer may exercise the right to recover compensation paid to claimants if it proves that the insured violated policy terms crucial to the cause of the accident.
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The main legal point established in the judgment is that under an 'act only' policy, the insurance company's liability does not extend to covering the risk of the pillion rider, as per the interpreta....
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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