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
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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:
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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.
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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:
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MACA NOS.54 & 110 OF 2020
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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
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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
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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
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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
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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
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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
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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
