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Showing contexts for: additional premium in Dattatraya S/O Krishanrao Madgal vs Siddappa S/O Raghunath Ranga And Anr on 12 July, 2023Matching Fragments
This review petition is filed seeking to review the order dated 22.12.2020 passed in MFA.No.30657/2013 and modify the judgment and award passed in the appeal and direct the Insurance Company to deposit the award amount and recover the same from the owner of the vehicle and that it is the prayer of the review petitioner to make an order of pay and recovery.
2. This Court has passed the order on 22.12.2020 and disposed of the appeals, thereby the judgment and NC: 2023:KHC-K:5299 award passed by the Tribunal was modified to the extent that the Insurance Companies are exonerated from payment of compensation by fixing the liability on the owner of the vehicle, where the insurance policy is Liability only policy/Act policy, an extra or additional premium is not paid covering risk of pillion rider on the motorcycle and occupants in the private car. The other appeals filed by the claimants were dismissed.
3. The point for consideration involved in the appeal is as follows:
"Whether the claimants who are occupants in the private car/jeep and pillion rider on the motorcycle met with an accident and have sustained injuries/death occurred in the road traffic accident and where the insurance policy is 'Act Policy/Liability Only Policy', in the absence of payment of extra or additional premium of covering the risk of pillion rider on the motorcycle and occupants in the private car/jeep, are entitled for compensation from the Insurance Company?"
NC: 2023:KHC-K:5299
4. It was held that where the insurance policy is Liability Only Policy/Act Policy/Statutory Policy, the pillion rider on the motorcycle and occupants in the private car/jeep are not third parties and if extra or additional premium is not paid covering the risk of pillion rider on the motorcycle and occupants in the private car/jeep as above stated under the Act Policy/Liability Only Policy/Statutory Policy, then the Insurance Company is not liable to indemnify the owner and accordingly, liability is fixed on the owner of the vehicle.
5. It was also made clear that, even though, insurance policy is the Act Policy/Statutory Policy/Liability Only Policy and if extra or additional premium is paid covering the risk of pillion rider on the motorcycle and occupants in the private car/jeep, then the Insurance Company is liable to indemnify the owner and pay compensation. This is the law laid down in the judgment following the principle of law laid down by the Hon'ble Supreme Court in catena of decisions discussed therein. It NC: 2023:KHC-K:5299 is the contention of the review petitioner/claimant that the order of pay and recovery can be made. Therefore, the review petition is filed for modification of the judgment to pass the order of pay and recovery.