Section 163A of the Motor Vehicles Act establishes no-fault liability, meaning the insurer's liability to pay compensation is not defeated by the negligence of the victim or the fact that the accident was a self-fall.

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2018 PASSED IN MVC NO.915/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF RS.2,36,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF FILING OF PETITION TILL THE DATE OF DEPOSIT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 01.12.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

This appeal is filed under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’) by the Insurance Company challenging by the Judgment and Award dated 28.02.2018 passed by the Court of Addl. Senior Civil Judge and MACT, Srirangapatna in MVC No.915/2016.

Facts giving rise to the filing of the appeal briefly stated are as under:

3. On 07.07.2016 at about 1.15 p.m., on T.Narasipura road, when son of petitioner No.1- Vijaykumar.K was returning to his village from M.M.Hill on his motor bike bearing No.KA-09-6388 along with his friend Shivanna as pillion rider, suddenly a dog came on the road and deceased lost control over the bike and caused the accident. As a result, deceased along with pillion rider fell down with bike and both of them sustained injuries and shifted to hospital at Mysore. As deceased sustained head injuries, he was taken to NIMHANS at Bangalore and treated there. Further, he was taken to Aditya Hospital, Mysore for further and continuity treatment. Deceased Vijayakumar succumbed to the injuries while taking treatment in the hospital. Post mortem was done at K.R.Hospital, Mysore.

4. After the accident, a case in Cr.No.190/2016 was registered by T.Narasipura Police. It is observed by the Tribunal that the respondent is the insurer of the offending motor bike bearing No.KA-09-6388 and the policy was in force as on the date of accident and it is a Package Policy.

Further, the deceased was having valid and effective driving licence.

5. 1st Petitioner is the mother and Petitioner No.2 is the sister of the deceased Vijaykumar. They filed a claim petition claiming compensation of Rs.30,20,000/-.

6. In response to Court notice, the respondent appeared before the Tribunal and filed written statement inter alia admitting the fact that it is the insurer of the offending vehicle and policy was in force. Respondent contended that its liability is strictly in terms and conditions of the policy.

7. The petitioners have examined P.W.1 and got marked documents Ex.P1 to Ex.P8. Respondent has examined one witness as D.W.1 and got marked documents Ex.R1 to Ex.R7. The Tribunal framed issues and has partly allowed the claim petition granting a compensation of Rs.2,36,000/- with interest at the rate of 9% p.a., from the date of petition till realization and

respondent-Insurance Company was directed to deposit the said amount with interest.

8. Learned counsel for the appellant-Insurance Company submitted that the petitioners have filed the petition under Section 163(A) of M.V.Act. This section is a special provision for those whose income is up to Rs.40,000/- per annum. In this case, the petitioners have claimed more than Rs.40,000/- per annum and petitioners cannot scale down income of deceased to claim benefit under this section. Hence, it contended that the respondent is not liable to pay any compensation. The respondent submits that the deceased was the owner