Basant, J.

1. When plurality of vehicles are involved in an accident does the victim/claimant have the unfettered option/right to claim compensation under Sec.163A of the Motor Vehicles Act against either or both the owners/insurers of the vehicles? Does the dictum in United India Insurance Co. Ltd., v. Madhavan (2011 (3) KLT 452) require reconsideration?

2. These are the questions of law of relevance that arise for consideration now.

3. A brief reference to crucial facts would be apposite. There was an accident involving two vehicles. There was a collision between a Tata Sumo van (the insured vehicle hereafter) and a motor-cycle. In the motor-cycle, at the relevant time, there were three passengers-rider and two pillion riders. The accident took place on 5/8/1999. All the three passengers in the motor-cycle suffered injuries. One of the two pillion riders succumbed to the injuries suffered by him. Both the injured persons and the legal heirs of the deceased pillion rider claimed compensation. They claimed compensation under Sec.163A of the M.V. Act. They arrayed the owner, driver and insurer of the insured vehicle and staked their claims against them. In the claim file