JUDGMENT

This is a case where the legal heirs of the deceased rider of a vehicle, Sri.Dhanraj who was found, through police investigations, to have caused the accident and consequently his own death, applied to the Motor Accidents Claims Tribunal, Ernakulam, (‘Tribunal’, for short), through OP(MV)No.1499/2005, for compensation for the injuries sustained by him.

2. The learned Tribunal, took the view that since the claim was made under Section 163A of the Motor Vehicles Act ('MV Act'), “consideration of negligence may not arise”

and allowed the Original Petition to a sum of Rs.2,84,550/- 3. This Award of the Tribunal is assailed by the appellant – United India Insurance Company Limited (‘Insurance Company’, for short), relying vehemently on the judgment of the Hon’ble Supreme Court inNingamma and Another v. United India Insurance Company Limited [ (2009) 13 SCC 710 ]. They contend that the law has now been well settled, without the requirement of any further expatiation, that when the rider of a motorcycle causes injury to himself on account of his own negligence or otherwise, he steps into the shoes of the owner; and therefore, cannot be construed as being a third party, being entit