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2023 Supreme(Online)(KAR) 22669
C/W MFA No. 5338 of 2010 MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2023 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 519 OF 2011 (MV)
C/W MISCELLANEOUS FIRST APPEAL NO. 5338 OF 2010 (MV), MISCELLANEOUS FIRST APPEAL NO. 520 OF 2011 (MV), MISCELLANEOUS FIRST APPEAL NO. 521 OF 2011 (MV) & MISCELLANEOUS FIRST APPEAL NO. 11148 OF 2011(MV)
IN MFA NO. 519/2011 BETWEEN:
ORIENTAL INSURANCE CO LTD CITY BANK OFFICE, NO.1, CSI THEJAS COMPLEX, SAYYAJI RAO ROAD, MYSORE Digitally signed THROUGH ITS REGIONAL OFFICE, by VIJAYALAKSHMI # 44/45,LEO SHOPPING COMPLEX, B N RESIDENCY RD, BLORE 25 Location: HIGH COURT OF REP. BY ITS DEPUTY MANAGER, SRI K. GOVINDARAJAN …APPELLANT (BY SRI. B C SEETHARAMA RAO.,ADVOCATE)
AND:
1. SRI RAVIKUMAR AGED ABOUT 32 YEARS, S/O THIMMAIAH, MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 RESIDING AT NO.303, LOKANAIKANAGAR,HEBBAL, MYSORE - 570 004.
2. SRI K. KUMAR, MAJOR S/O KRISHNA SHETTY, RESIDING AT KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 006.
…RESPONDENTS (SMT. ARCHANA MURTHY P., ADVOCATE FOR R2 R.1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2010 PASSED IN MVC NO.1293/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF RS.29,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5338/2010 BETWEEN: RAVIKUMAR AGED ABOUT 31 YEARS, S/O THIMMAIAHD.NO. 303, LOKANAIKANAGARA, MYSORE.
…APPELLANT (BY SRI. M. NAGESH, ADVOCATE FOR SRI.P NATARAJU., ADVOCATE)
AND:
1. N KUMAR S/O KRISHNA SHETTY, MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 KOPPA VILLAGE, MADDUR TALUK MANDYA DISTRICT.
2. THE ORIENTAL INSURANCE CO LTD CITY BANK OFFICE NO.1 CSI TEJAS COMPLEX, SAMPANGI RAO RD MYSORE REPRESENTED BY IT'S MANAGER.
…RESPONDENTS (R1 NOTICE DISPENSED WITH VIDE ORDER DATED
27.02.2012;
SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2010 PASSED IN MVC NO.1293/2006 ON THE FILE OF PRESIDING OFICER, FAST TRACK COURT-IV & ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 520/2011 BETWEEN:
ORIENTAL INSURANCE CO., LTD., CITY BANK OFFICE NO.1, CSI THEJASCOMPLEX, SAYYAJI RAO ROAD, MYSORE THROUGH ITS REGIONAL OFFICE # 44/45 LEO SHOPPING COMPLEX, RESIDENCY RD, BANGALORE - 560 025.
REREP. BY ITS DEPUTY MANAGER SRI, K. GOVINDARAJAN …APPELLANT (BY SRI. B C SEETHARAMA RAO.,ADVOCATE)
MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 AND:
1. SMT MEENAKSHI AGED ABOUT 37 YEARS, W/O MOHAN SINGH, RESIDING AT NO.303, LOKANAIKANAGAR,HEBBAL, MYSORE - 570 021.
2. SRI K. KUMAR MAJOR S/O KRISHNA SHETTY RESIDING AT KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT …RESPONDENTS (BY SRI. M. NAGESH, ADVOCATE FOR SRI.P NATARAJU, ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2010 PASSED IN MVC NO.1294/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF Rs.5,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
IN MFA NO. 521/2011 BETWEEN:
ORIENTAL INSURANCE CO LTD CITY BRANCH OFFICE, NO.1, CSI THEJAS COMPLEX, SAYYAJI RAO ROAD, MYSORE THROUGH ITS REGIONAL OFFICE # 44/45, LEO SHOPPING COMPLEX, RESIDENCY RD BLORE 560025 REP BY ITS DEPUTY MANAGER SRI K. GOVINDARAJAN APPELLANT (BY SRI. B C SEETHARAMA RAO.,ADVOCATE)
MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 AND:
1. SRI NAGARAJU AGED ABOUT 47 YEARS, S/O MAYANNA, RESIDING AT NO. 303,LOKANAIKANAGAR, HEBBAL, MYSORE - 570 021.
2. SRI K. KUMAR MAJOR, S/O KRISHNA SHETTY RESIDING AT KOPPA VILLAGE, MADDUR TALUK , MANDYA DISTRICT - 571 201.
…RESPONDENTS (BY SRI. ARCHANA MURTHY P. ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2010 PASSED IN MVC NO.1295/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV, ADDITIONAL MACT, MYSORE, AWARDING A COMPENSATION OF Rs.7,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
IN MFA NO. 11148/2011 BETWEEN:
THE ORIENTAL INSURANCE CO.LTD BRANCH OFFICE, TAPCMS COMPLEX K M ROAD, CHIKMAGALUR, REP BY THE REGIONAL MANAGER , THE ORIENTAL INSURANCE CO .LTD.
REGIONAL OFFICE, 2ND FLOOR, MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 SUMANAGALA COMPLEX, LAMINGTON ROAD,HUBLI- 20 …APPELLANT (BY SRI.S.V. HEGDE MULKHAND., ADVOCATE)
AND:
1. SRI MANJU @ MANJUNATH AGED ABOUT 33 YEARS S/O SANNEGOWDA BUSINESS, R/O HIRE BIDAREVILLAGE, THOGARIHANKAL POST CHIKMAGALUR TALUK.
2. SRI H B MEENAKSHEGOWDA AGED ABOUT 30 YEARS S/O H BHADREGOWDA R/O HIREBIDARE VILLAGE, THOGARIHANKAL POST CHIKMAGALUR TALUK …RESPONDENTS (BY SRI. N R RAVIKUMAR .,ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.9.2011 PASSED IN MVC NO.91/2008 ON THE FILE OF PRINCIPAL DISTRICT JUDGE & MMACT, CHIKMAGALUR, AWARDING A COMPENSATION OF RS.34,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THESE APPEALS, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011
JUDGMENT
MFA No.519/2011 is filed by the Insurance Company challenging the judgment and award dated 03.04.2010 passed in M.V.C.No.1293/2006 on the file of the Presiding Officer, FTC & MACT, Mysuru fastening the liability on the insurance company to pay the compensation.
2. MFA No.520/2011 is filed by the insurance company challenging the judgment and award dated 03.04.2010 passed in M.V.C.No.1294/2006 on the file of the Presiding Officer, FTC & MACT, Mysuru fastening the liability on the insurance company to pay the compensation.
3. MFA No.521/2011 is filed by the insurance company challenging the judgment and award dated 03.04.2010 passed in M.V.C.No.1295/2006 on the file of the Presiding Officer, FTC & MACT, Mysuru fastening the MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 liability on the insurance company to pay the compensation.
4. MFA No.11148/2011 is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in M.V.C.No.91/2008 on the file of the Prl. District Judge and MACT, Chikmagaluru (hereinafter referred to as ‘the Tribunal’ for brevity) fastening the liability on the insurance company to pay the compensation. MFA No.5338/2010 is filed by the claimant seeking enhancement of compensation.
5. Brief facts in MFA Nos.519/2011, 5338/2010, 520/2011 and 521/2011 are:
(a) On 23.02.2006 at about 3.30 a.m., when the claimants were moving in Tata Sumo Bearing Reg. No.KA- 03/N-2754 from Maranagere to JSS hospital, Mysore, the driver of the Tata Sumo drove the same in a rash and negligent manner and high speed and dashed against the MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 electrical pole due to which, the claimants suffered grievous injuries and first shifted to K.R.Hospital and thereafter to JSS hospital Mysuru.
In MFA No.11148/2011 (b) On 18.12.2005 the petitioner was proceeding on the motorbike bearing registration No.KA-14/H-8496 driven by respondent No.1 in a rash and negligent manner with high speed and at about 9.00 p.m., whey they reached Bhaktharahalli near coffee estate of one Mr. Sampath, the said motorcycle fell into a roadside ditch, due to which the claimant sustained grievous injuries below his left eye and fracture to his left femur. He was taken to M.G.Hospital, Chikmagaluru and from there he was shifted to Ashraya Hospital, Chikmagaluru where he took treatment.
6. Heard arguments of the learned counsel for the Insurance Company and the learned counsel for claimants and perused the materials on record.
7. In all these appeals, the common question of law is involved, which reads as under:
“Whether the premium collected under the caption 'extra loading' amounts to payment of extra premium, which covers the risk of pillion rider of the motorcycle/inmates in the car, where the insurance policy is liability only policy/Act policy/statutory policy?”
8. The learned counsel for the insurance company submitted that, in these cases, the insurance policy is a "liability only" policy, but not comprehensive policy. The collection of extra premium under the caption 'extra loading' does not cover the risk of pillion rider of the motorcycle/inmates in the private car. He submits that the collection of premium under the caption 'extra loading' amounts to adverse past claims experience faced by the vehicle when the private vehicle met with accident and based on that, extra loading premium is collected. Further, MFA No. 520 of 2011 MFA No. 521 of 2011 MFA No. 11148 of 2011 the learned counsel submitted that, in these cases, extra premium is not collected covering the risk of pillion rider of the motorcycle and inmates in the private car. Therefore, risk is not covered under the insurance policy. Hence, the owners of the vehicles are liable to pay compensation. But the observation of the Tribunal that the amount collected under the caption 'extra loading' covering the risk of pillion rider of the motorcycle and inmates in the private car is a misconceived observation. The
