Pay higher relief to man injured in accident: Karnataka High Court to bike owner

Bengaluru: The high court has directed the owner of an implicated motorcycle to pay enhanced compensation to a stenographer injured in an accident in 2009.

The court passed this order while exonerating the insurance company from the liability of payment of compensation after noticing that it was a clear case of implication of another vehicle having insurance.

The accident victim is J Subramanya, a stenographer in the office of director, Karnataka engineering research station at K R Sagar in Srirangapatna.

The accident had occurred when a motorcycle collided with the two-wheeler on which Subramanya was riding pillion.

The initial complaint was filed on August 31, 2009, with details of one motorcycle, while a second complaint was filed on September 6, with details of another motorcycle and a different person as the rider.

On August 24, 2013, the tribunal at Pandavapura awarded Rs 79,850 with interest at 6% per annum.

The insurance company challenged this order, alleging fraud played by the claimant. On the other hand, claimant Subramanya sought higher compensation.

After perusing the material, Justice Sree Sudha said facts clearly showed that though the claimant had met with an accident, there is implication of another vehicle which is having insurance to gain wrongfully.

“It is a clear case of implication of another vehicle which is having insurance to gain wrongfully, done in collusion with the owner of the vehicle i.e., one S N Raghavendra. Therefore, this court finds it reasonable to exonerate the insurance company from paying the liability and only the owner of the vehicle is liable to pay the compensation,” the court said.

The court ordered Rs 2,63,021 compensation along with interest at 6% per annum, which shall be paid entirely by owner of the implicated vehicle, i.e., Raghavendra.