Karnataka HC directs ex gratia to 2nd pillion rider who was victim of an accident

The high court has directed an insurance company to pay compensation to the accident victim, who was a second pillion rider on a motorcycle. The court said it has not been established that three persons riding a motorcycle itself constituted contributory negligence.

The insurance company had challenged the 2012 award passed by a Motor Accident Claims Tribunal at Kalaburagi. The insurer was told to pay Rs 8.10 lakh to the family members of the deceased. The accident had taken place in November 2011 when the deceased was riding pillion.

The insurance company contended that there were three persons riding on a motorcycle and there was a violation of the policy conditions. This apart, the company alleged that the rider of the motorcycle did not possess a valid driving licence.

The claimants cited a Supreme Court order in Mohammed Siddique and another v/s The National Insurance Company Limited case.

Justice Nataraj Rangaswamy rejected the appeal filed by the insurance company. “In the absence of any material to establish that three persons riding on a motorcycle itself constituted contributory negligence, the insurer cannot contend that it was exonerated from the liability to pay compensation,” the court said.

The court directed that the amount be transmitted to the Tribunal for necessary orders.

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