The High Court of Karnataka has ordered an insurance company to pay Rs 16.4 lakh in compensation to the parents of a pedestrian who died in a tragic accident. The court also directed the insurance company to recover the amount from two motorcyclists and a motorcycle owner involved in the incident.
In its ruling, the court allowed the company to recover 90% of the compensation from Subhash, the rider of one motorcycle, and Nizar, the owner of that motorcycle. The remaining 10% was to be recovered from Pandurang, the rider of the other motorcycle involved in the accident.
The incident occurred on November 29, 2017, at around 9:30 am, when Siddaraya, a resident of Vijayapura, was walking along the extreme side of the road. Subhash, riding rashly and negligently, collided with Pandurang, and both motorcycles struck Siddaraya, resulting in severe injuries that led to his death.
Siddaraya’s parents approached the Motor Accident Claims Tribunal, seeking compensation, arguing that their son, a young man earning Rs 15,000 per month, had his life cut short. The tribunal, attributing equal negligence to both motorcyclists, set the compensation at Rs 11.37 lakh and ordered the insurance company to pay and recover 50% of the amount from the two motorcyclists.
Dissatisfied with the tribunal’s decision, the claimants appealed to the High Court, arguing that their son’s notional income had not been properly considered. Siddaraya, who was 16 years and four months old at the time of the accident, was supported by the court’s judgment.
Justice CM Joshi noted that while Pandurang had not been charge-sheeted by the police, Subhash and Nizar were more responsible for the incident. Nizar, who owned the uninsured motorcycle, had lent it to Subhash, who was unlicensed to ride. The court held them 90% liable for the accident, modifying the tribunal’s apportionment of negligence. It clarified that the negligence of Pandurang and the insurance company was less, resulting in a 10% liability.