Karnataka High Court
The Oriental Insurance Co.Ltd., vs Dilawarsab Aminasab Sutagatti on 15 March, 2017
Author: S.N.Satyanarayana
Bench: S.N. Satyanarayana
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 15TH DAY OF MARCH 2017
BEFORE
THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA
R.P. NO.100066/2015
BETWEEN
THE ORIENTAL INSURANCE CO.LTD.,
SHANBHAG CHAMBERS,
KIRLOSKAR TOWN, BELGAUM.
REPRESENTED BY THEIR
ADMINISTRATIVE OFFICER,
REGIONAL OFFICE, LEO SHOPPING COMPLEX
RESIDENCY ROAD, BANGALORE.
... PETITIONER
(BY SMT.ARUNA R DESHPANDE ADV.,)
AND
1. SHRI DILAWARSAB AMINASAB SUTAGATTI,
AGED : ABOUT 33 YEARS R/O BAILHONGAL,
DIST: BELGAUM.
2. SHRI DILWAR MEHBOOBSAB DUPADAL,
AGE : MAJOR, R/O HOSUR,
TQ: SAUNDATTI, DIST: BELGAUM.
...RESPONDENTS
(R2-NOTICE SERVED)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 R/W SECTION 151 AND U/SEC.173(1) OF MOTOR VEHICLES
ACT, 1988, PRAYING TO REVIEW THE ORDER DATED
27.06.2014 PASSED IN THE MFA NO.8069/2007 ON THE FILE
OF HON'BLE HIGH COURT OF KARNATAKA, DHARWAD BENCH.
2
THIS REIVEW PETITOIN COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This review petition is filed challenging the judgment dated 27.06.2014 wherein the appeal filed by the insurer challenging the liability on the ground that in act policy the liability to pay compensation for pillion rider does not arise. However, this court has taken a view that, in view of the additional premium having been received by the insurer from the owner of motorcycle the insurance company is liable to pay the compensation as awarded by Tribunal which appears to be just and proper. Therefore, this court find no grounds are made out to review the judgment impugned. Accordingly, review petition is dismissed.
Sd/-
JUDGE EM/-