The court ruled on the enhancement of compensation in a personal injury case, establishing liability principles under contributory negligence and the limitations of insurance coverage for pillion riders under an act policy.

UDGMENT :

UMESH M.ADIGA, J.

Both these appeals arise out of a judgment and award dated 1^st June 2023, passed by the IV Addl.District and Sessions Judge and M.A.C.T.-IV, Shivamogga, sitting at Bhadravathi, (for short `the Tribunal'), in MVC.No.32/2022.

2. The claimants have filed MFA.No.8386/2023 for enhancement of compensation and the insurer of the vehicle bearing registration No.KA-17-X-9204, filed MFA.No.6682/2023, challenging its liability to pay the compensation.

3. Both the appeals arise out of common judgment and award and they are listed for admission, with the consent of learned advocates appearing for both the sides, they are taken up together for final disposal.

4. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

5. The brief facts of the case are that, on 10.09.2021, at about 7.15 p.m., claimant and one Hanumantha Naika @ Anna Naika, who was respondent No.4 before the Tribunal, were proceeding on the motorcycle bearing registration No.KA-17-X-9204 on Aralihalli-Thiplapura road. When they reached near the house of one Ravi, a motorcycle bearing registration No.KA-04-Q-9873, being ridden by its rider in a rash and negligent manner, hit the motorcycle of the claimant. As a result, claimant sustained grievous injuries to right leg, right knee, right eye and head injuries. He took treatment as an inpatient and has suffered permanent disability. With these reasons, claimant prayed to award the compensation.

6. In the original claim petition, rider, owner and insurer of vehicle bearing registration No.KA-04-Q-9873 were parties as respondent Nos.1 to 3. The respondent No.3 sold the policy to both the owners. Respondent No.3 has not disputed its liability to pay the compensation apportioned by the Tribunal in respect of respondent Nos.1 and 2. In the appeal filed by the insurance company i.e., MFA.No.6682/2023, they were not made as parties.

7. The respondent No.1 was the rider, respondent No.2 was the owner and respondent No.3 was the insurer of the motorcycle bearing registration No.KA-04-Q-9873; Respondent No.4 was the rider, respondent No.5 - late Halappa, son of Kenchappa, was the owner and respondent No.6 was the insurer of motorcycle bearing registration No.KA-17-X-9204. Since respondent No.5 was no more, his legal representative i.e., respondent No.5(a) was brought on record.

8. Respondent No.5(a) has not filed any written statement. Respondent Nos.3 and 6 - insurers have filed their written statement denying the averments made in the claim petition and denied their liability to pay compensation or indemnify the owner of the motorcycle. The insurer of the motorcycle bearing registration No.KA-17-X-9204 contended that the policy given was an act policy and the injured claimant was a pillion rider, therefore, it is not liable to indemnify the owner of the vehicle and the owner is liable to pay the compensation. With these reasons, they prayed to dismiss the claim petition.

9. Respondent No.4 was the rider of the motorcycle, wherein claimant was travelling as a pillion rider. He has also denied the petition averments and denied his liability to pay compensation and prayed to dismiss the claim petition.

10. The Tribunal framed necessary issues, recorded the evidence of parties to the proceedings and after hearing the arguments of both sides, disposed of MVC.No.32/2022 by the impugned judgment and award dated 1^st June 2023. The Tribunal held that accident occurred due to rash and negligent riding of both the motorcycles involved in the accident, and considering the nature of injuries sustained by the claimant, awarded the following amount of compensat