This appeal is filed by the claimant being aggrieved

by the award dated 18.06.2013 passed by the Motor

Vehicles Accident Claims Tribunal, Bengaluru in MVC

No.2801/2011.

2. The claim petition is filed seeking compensation

of an amount of Rs.10,00,000/- for the injuries sustained

by him in the accident. The case of the claimant is that on

25.03.2011 at about 7.30 a.m. as a pedestrian while he

was walking on the side of the pipeline road, at that time

the rider of the motor bike came from the pipeline road to

S M Road in a rash and negligent manner with high speed

without observing traffic rules and regulations, tried to

overtake a lorry from the right side and dashed against

the petitioner. Due to the impact, the claimant fell down

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and sustained grevious injuries. Immediately he was

shifted to Columbia Asia Hospital where he was given first

aid treatment and admitted as an inpatient from

25.3.2011 to 27.3.2011 with an advice of follow up

treatment. According to him, he was getting income of an

amount of Rs.10,000/- at the time of accident. After the

said accident, he is unable to do the job and he also lost

the income.

2.1 It is the case of the insurance company that as

three persons were travelling in the said bike, it is

violation of the terms and conditions of the policy, as such,

the insurance company is not liable to pay compensation.

2.2 On behalf of the claimant, PW1 was examined.

On behalf of the respondents, RW1 was examined.

Exs.P.1 to 15 and Exs.R.1 to R.5 were marked.

2.3 In the evidence it is elicited that the medical

expenses that are paid by the petitioner is already

reimbursed. Recording the same, the petitioner was not

granted any amount towards future earning capacity and

medical expenses. The Court below had observed that as

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the petitioner had sustained one grevious injury and one

simple injury, an amount of Rs.25,000/- was awarded

towards pain and sufferings.

2.4 Towards food, conveyance and other expenses

during treatment period, the Court below had granted an

amount of Rs.10,000/-. For loss of pay on medical leave

period, an amount of Rs.20,000/- is granted. Altogether,

an amount of Rs.55,000/- was granted as compensation

to the petitioner.

2.5 When it comes to the liability, the Court below

has observed that as there were three persons travelling

on the offending vehicle by violating the terms and

conditions of the insurance policy, the owner of the motor

bike alone is liable to pay compensation and the insurance

company is not liable to pay compensation.

3.

Learned

counsel

appearing

for

the

appellant/claimant submits that the Court below had

exonerated the insurance company from the liability. It is

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submitted that when there is a valid policy existing as on

that date and on the mere violations of the terms and

conditions of the policy, the tribunal ought not to have

exonerated the insurance company. He submitted that

the insurance company is liable to pay compensation. The

claimant sustained disability because of the injuries and

the tribunal had failed to grant reasonable amount for the

injuries sustained by him and towards extra nourishment,

travelling and other heads, it is submitted that the

compensation that was granted was not just and

reasonable.

4. Learned counsel appearing for the insurance

company submits that the charge sheet and the FIR

discloses that there were three persons travelling on the

bike which is contrary to the terms and conditions of the

policy. As such, the Court below has rightly exonerated

the insurance company. He further submits that when the

claimant has got reimbursement and when he has not

examined any doctor in support of his case that he has

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sustained disability, the Court below rightly not granted

any amount for the disability. He submits that the

claimant continued in the same work and there was no

loss of salary or future prospects were affected. It is

submitted that the compensation that is gr