1 sc/ cBl / 29 I Al 747 0 I 2Ot7 Date of filing: Ll.O7.2Ol7 Date of Disposal: 06,01.2026 BEFORE THE CIRCUIT BENCH KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, KALBURGI DATED: O6th DAY OF JANUARY 2026 CORAM: HON'BLE Mr. JUSTICE T.c. SHIVASHANKARE GOWDA - PRESIDENT and HON,BLE MTs. DIVYASHREE M - LADY MEMBER sc t cBL I 29 I A I L47 0 I 2017 BETWEEN:

The Oriental Insurance Company Ltd., Rep. by its Authorized Signatory Regional Office, Sumangala complex, (Opp. HDMC),znd floor, Lamnigton road, Hubli-580020 Appellant/s (By Sri.M.R.Manojkumar, Advocate)

AND:

B.Gururaj, S/o B.Srinivas Aged about 31 years R/at Kurekuppa village, Sandur Tq, Bellari-583 123. ........ Respondent/s (By Sri.Mohan Malge, Advocate)

2 sc/ cBl / 2e / Al r47 0/ 20 77 ORAL ORDER (PER: HON,BLE MT. JUSTICE T.G. sHIvAsHANKARE GowDA, PRESIDENT)

This Appeal is filed U/s.fS of Consumer protection Act, 1986 (in short Cp Act) by the Appeilant chaltenging the order dated:06.05.2017 passed in CC/26g/2016 on the file of Ballari District Consumer Disputes Redressal Commission (in short the District Commission).

2.

The Appeilant was the Opposite pafty (in short OP) and Respondent was the Complainant before the District Commission. The Rank of the parties shall be referred to as per their status before the District Commission.

3.

The Brief facts of the case are that:

The Complainant is the owner of the motor cycle bearing reg.no.KA-35-W-2L26.It was insured with Op by paying premium of Rs,g90/- under the policy no.47239O/3L/2075/5496 for the period from

14.01.2015 to 13.01.2016. The said policy covers the risk of own damage and personal accident cover for owner-driver for a sum assured of Rs.1 lakh.

On sc/cBL/2s/A/147o/zot7

74.72.20t5 at about g.45 pm while the said motor vehicle was rided by one Sri.Hanumantha Reddy, Complainant as the pillion rider, on Ballari_Hosapete road, Kurekuppa farm bridge, Toranagallu railway station it was met with accident, as a result, both of them were fell down and sustained injuries.

The Complainant was admitted to Sanjeevini hospital, Toranagallu and later shifted to VIMS hospital, Ballari and thereafter for higher treatment he was shifted to St.Mary's hospital, Ballari. He was under hospitalization between 15.12.2015 to 24.12.2015, wherein he was underwent surgery and spent Rs.2 lakhs towards treatment. Since the vehicle was also damaged, the same was repaired, when claim was made, Op has reimbursed only Rs.g,000/-. Claim towards pA cover for Rs.1 lakh was not reimbursed. Hence pleading deficiency in service, the Complainant has approached the District Commission seeking reimbursement of full vehicle damage and PA cover of Rs.1 lakh from Op.

sc/ cBl / 29 / A/ 147 0/ 20 L7

4, Before the District Commission, the Op has opposed the claim by filing version that the policy of insurance does not cover pA cover. policy was issued subject to terms and conditions of the policy. As per Sec.III of the policy, ..personal under Accident Cover for Owner-Driver,,, a person is entiUe to claim 100o/o pA cover in case of (i) death; (ii) loss of two limbs or sight of two eyes or one limb or sight of one eye; (iv)

permanent total disablement from injuries other than named above; and is entitle to claim pA

50o/o cover in case of (iii) loss of one limb or sight of one eye. The Complainant is not suffering from any of the above.

Hence PA cover is not available to him. In so far as vehicle damage is concerned, Rs.g,000/_

was reimbursed as full and final settlement and the Complainant has acknowledged the same. pleading no deficiency in service, sought for dismissar of the complaint.

5. Before the District Commission, the Complainant has filed affidavit evidence as pW_1 and marked 20 documents as Ex-p1 to p20. Op has filed sclcBu2gtNL4TO/21L7 affidavit evidence as RW-1 and marked 3 documents as to Ex-R1 R3. After hearing both parties, the District Commission allowed the complaint in part and directed OP to pay Rs.1 lakh with interest at p.a.

9o/o from

23.t2.2076 till realization