Bengaluru : An insurer cannot refuse to pay compensation to a third – party claimant , merely because it has sates feed the award of compensation to 12 other affected parties , the Dharwad bench of the high court ruled in a re cent judgment .
In his order , Justice Ananth Ramavath Hegde directed Oriental Insure acne Company Limited to pay an enhanced compensation of R 43,900 to one Siddappa Virupakshappa Chic math .
A resident of Belagavi city and a coolie by profession , Chi math was travelling in a tempo , along with sever al other passengers , on February 27 , 2004. Due to rash and negligent driving , the vehicle toppled , resulting in injuries to all the passengers — including the appellant .
On January 21 , 2010 , the Motor Accident Claims Tribunal at Belagavi granted Rs35,000 as compensation to Chi math . He , however , contested the order in his appeal , citing that going by the injuries suffered by him , the tribunal should have awarded a higher compensation and he submitted a claim for R 2,45,000 .
Opposing the appeal for additional compensation , the insurer argued that the vehicle had a permitted capacity of 12 passengers and one driver and added that the compensation claims of all the 12 passengers had already been met . Therefore , it was not liable to pay compensation to the appellant ( Chi math ) , happened to be the 13th claimant . On the other hand , Chic math’s counsel presented the counter argument that the insurance company , having issued the policy , cannot shun its liability on the ground that passengers were being transported in excess of the permissible capacity of the vehicle . He further pointed out that considering the disability caused to the appellant , a higher compensation should have been awarded .
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