Kerala High Court
Swarnam.T.K.Nair vs Abubacker on 4 July, 2025
2025:KER:49096
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
MACA NO. 54 OF 2020
AGAINST THE AWARD DATED 25.07.2019 IN OPMV NO.2616 OF
2013 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR
APPELLANT/2ND RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.
BRANCH OFFICE, ORISON COMPLEX, WADAKKANCHERY ROAD,
KUNNAMKULAM P.O., NOW REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE, KOZHIKODE-673 006.
SRI.MATHEWS JACOB (SR.)
SHRI.P.JACOB MATHEW
RESPONDENTS/PETITIONERS AND 1ST RESPONDENT:
1 SWARNAM T.K. NAIR (41)
W/O LATE SHAJU, PATTAYATH HOUSE, KANIPAYYUR P.O.
THALAPPILLY TALUK, PIN-680 517.
2 AMARNATH (MINOR)
AGED 9 YEARS
S/O LATE SHAJU, PATTAYATH HOUSE, KANIPAYYUR
P.O.THALAPPILLY TALUK, PIN-680 517. REPRESENTED BY
HIS MOTHER GUARDIAN 1ST RESPONDENT.
3 ABUBACKER,
S/O ALIKUTTY, VELLIYATTIL HOUSE, KADANGODE P.O.
THALAPPILLY TALUK, PIN-680 584.
SRI.SAIJO HASSAN
SRI.BENOJ C AUGUSTIN
SHRI.RAFEEK. V.K.
SRI.U.M.HASSAN
SMT.P.PARVATHY
SMT.SURYA P SHAJI
2025:KER:49096
MACA NOS.54 & 110 OF 2020
2
SMT.AATHIRA SUNNY
SHRI.MANAS P HAMEED
SHRI.GAUTHAM MOHAN H.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 04.07.2025, ALONG WITH MACA.110/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:49096
MACA NOS.54 & 110 OF 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
MACA NO. 110 OF 2020
AGAINST THE AWARD DATED 25.07.2019 IN OPMV NO.2616 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANTS/PETITIONERS:
1 SWARNAM.T.K.NAIR
AGED 41 YEARS
W/O.SHAJU, PATTAYATH HOUSE, KANIPAYYUR DESOM.P.O.
AND VILLAGE, TALAPPILLY TALUK, PIN-680517.
2 MINOR AMARNATH
AGED 8 YEARS
S/O.SHAJU, PATTAYATH HOUSE, KANIPAYYUR DESOM.P.O.
AND VILLAGE, TALAPPILLY TALUK, PIN-680517,
REP. BY NEXT FRIEND GUARDIAN MOTHER 1ST APPELLANT
SWARNAM.T.K.NAIR.
BY ADVS.
SHRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
SRI.BENOJ C AUGUSTIN
SHRI.RAFEEK. V.K.
SRI.U.M.HASSAN
SMT.K.PARVATHY (P-938)
SMT.AATHIRA SUNNY
SHRI.GAUTHAM MOHAN H.
2025:KER:49096
MACA NOS.54 & 110 OF 2020
4
RESPONDENTS/RESPONDENTS:
1 ABUBACKER,
S/O.ALIKUTTY, VELLIYATTIL HOUSE, KADANGODE DESOM
AND VILLAGE, THALAPILLY TALUK, P.O.KADANGODE,
THRISSUR-680584.
2 M/S.UNITED INDIA INSURANCE CO.LTD.,
REPRESENTED BY BRANCH MANAGER, BRANCH OFFICE,
ORISON COMPLEX, WADAKKANCHERY ROAD, KUNNAMKULAM,
P.O.KUNNAMKULAM, THRISSUR-680503.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SHRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 04.07.2025, ALONG WITH MACA.54/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:49096
MACA NOS.54 & 110 OF 2020
5
C.S.SUDHA, J.
---------------------------------------------------
M.A.C.A. Nos.54 & 110 of 2020
----------------------------------------------------
Dated this the 4th day of July, 2025
JUDGMENT
The aforesaid appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the second respondent/insurer and the claim petitioners respectively in O.P. (MV) No.2616/2013 on the file of the Motor Accidents Claims Tribunal, Thrissur, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 25/07/2019. The respondents in MACA No.54/2020 are the claim petitioners and the first respondent and the respondents in MACA No.110/2020 are respondents 1 and 2 respectively in the petition. In these appeals, the parties and the documents will be referred to as described in the original petition.
2. According to the claim petitioners, on 24/09/2012 at 22:00 hours, while the deceased was riding motorcycle bearing 2025:KER:49096 MACA NOS.54 & 110 OF 2020 6 registration no.KL48D7379 through Kunnamkulam-Wadakkanchery road, motorcycle bearing registration no.KL08V9962 driven in a rash and negligent manner dashed against his motorcycle as a result of which he sustained grievous injuries to which he succumbed. A sum of ₹15,00,000/- was claimed as compensation under various heads.
3. The first respondent, owner of the motorcycle bearing registration no.KL48D7379 in which the deceased travelled, remained ex parte.
4. The second respondent, insurer of the motorcycle bearing registration no.KL48D7379 in which the deceased travelled, filed written statement admitting the existence of a valid policy in respect of the offending vehicle, but denied liability. The age, occupation and income of the deceased were disputed. It was also contended that the compensation claimed was quite excessive.
5. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A7 were marked on the side of the claim 2025:KER:49096 MACA NOS.54 & 110 OF 2020 7 petitioners and Exts.B1 to B3 were marked on the side of the second respondent/insurer.
6. The Tribunal on consideration of the documentary evidence and after hearing both sides, found involvement of the motorcycle bearing registration no.KL48D7379 in which the deceased travelled resulting in the incident and hence awarded an amount of ₹3,82,100/- together with interest @ 8% per annum from the date of the petition till realisation along with proportionate costs. Aggrieved by the Award, the second respondent/insurer and the claim petitioners have come up in appeals.
7. The only point that arises for consideration in this appeal is whether there is any infirmity in the findings of the Tribunal calling for an interference by this Court.
8. Heard both sides
9. It is submitted by the learned counsel for the second respondent/insurer that in an application under Section 163A of the Act, the deceased or the victim has to be a third party in relation to 2025:KER:49096 MACA NOS.54 & 110 OF 2020 8 the vehicle in question and mere use of the vehicle by the owner/borrower or permissive user does not entitle such person to maintain an application under Section 163A against the insurer of their own or borrowed vehicle. In support of the argument the learned counsel relies on the dictum in Ramkhiladi v. United India Insurance Company, (2020) 2 SCC 550. Per contra, it is submitted by the learned counsel for the claim petitioners that the interpretation regarding Section 163A came only in the year 2020. Therefore, the matter may be remanded to enable the claim petitioners to implead the owner and insurer of the offending vehicle so that just and reasonable compensation can be obtained by the claim petitioners.
10. Going by the case of the claim petitioners, the deceased was riding motorcycle bearing registration no.KL48D7379 which was owned by the first respondent and insured with the second respondent/insurer. On the date of the incident, that is, on 24.09.2012, it is alleged that motorcycle bearing registration 2025:KER:49096 MACA NOS.54 & 110 OF 2020 9 no.KL08V9962 ridden by one Rajeev in a rash and negligent manner dashed against the vehicle ridden by the deceased as a result of which he was thrown on to the road whereby he sustained grievous injuries to which he is succumbed. Therefore, the offending vehicle is the motorcycle bearing registration no.KL08V9962. Neither the owner, nor the rider, nor the insurer of the offending vehicle has been made a party in the proceedings. Going by the dictum in Ramkhiladi (Supra), a claim under Section 163A of the Act can be made only against the owner and insurer of the offending vehicle and not against the owner and insurer of the vehicle which was being driven by the deceased himself as borrower of the vehicle from the owner of the vehicle as he would be stepping into the shoes of the owner. That being the position, the claim under Section 163A is not maintainable and therefore the Tribunal went wrong in awarding compensation and passing the impugned Award.
11. Going by Ext.B1 contract of insurance, in case of 2025:KER:49096 MACA NOS.54 & 110 OF 2020 10 personal accident, the owner-driver is entitled to a sum of ₹1,00,000/-. Therefore, the deceased who had stepped into the shoes of the owner would be entitled to a sum of ₹1,00,000/- even as per Ext.B1 contract of insurance. It is submitted by the learned counsel for the claim petitioner that if this Court is limiting the amount to ₹1,00,000/-, interest as granted by the Apex Court in Ramkhiladi (Supra) may also be granted. Per contra, it is submitted by the learned counsel for the second respondent/insurer that it is only the owner-rider who is entitled to the personal accident coverage and not a person who had borrowed the vehicle and rides it. In the light of the dictum in Ramkhiladi (Supra), I find that the claim petitioners who are the legal heirs of the deceased will be entitled to a sum of ₹1,00,000/- with interest at the rate of 7.5% per annum from the date of petition till realization and proportionate costs.
In the result, MACA No.54/2020 filed by the second respondent/insurer is allowed as above stated. In the light of the 2025:KER:49096 MACA NOS.54 & 110 OF 2020 11 findings in MACA No.54/2020, MACA No.110/2020 filed by the claim petitioners is dismissed.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S. SUDHA JUDGE NP