The legal heirs of a tortfeasor are entitled only to personal accident coverage from the insurer, and cannot claim further damages.

JUDGMENT

This appeal is filed by the appellant/2nd respondent in O.P (MV) No.1596 of 2007 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha challenging the liability to indemnify the insured. The respondents herein are the claimants and the 1^st respondent before the tribunal.

2. According to the respondents/claimants, on 13.11.2006 at 04.30 pm, while the deceased George was riding the motorcycle, when he reached the place of occurrence, suddenly the motorcycle slipped and the deceased fell on the road. As a result of the accident, he sustained serious injuries and succumbed to the injuries on the same day. The appellant approached the tribunal claiming a total compensation of ₹4,88,000/-.

3. Heard the learned standing counsel appearing for the insurance company and the learned counsel appearing for the claimants/respondents.

4. The learned standing counsel appearing for the insurance company submitted that the claim was filed by the claimants under Section 163A of the Motor Vehicles Act . The learned counsel has also produced the copy of the policy along with the memo dated 28.05.2025. It is submitted that the death occurred due to the rash and negligent driving of the rider of the motorcycle and he himself is the tortfeasor. It is further submitted that since the deceased was the tortfeasor, the legal heirs are not entitled for any compensation other than personal accident coverage, as seen from the copy of the policy produced along with memo dated 28.05.2025.

5. The learned standing counsel appearing for the insurance company relied upon the judgment of the Hon’ble Apex Court in Ramkhiladi and another v. United India Insurance Company and another [ AIR 2020 SC 527 ] and submitted that since the policy was a comprehensive policy and personal accident coverage is also there, the claimants who are the legal heirs of the deceased rider of the motorcycle are entitled only for an amount of ₹1,00,000/-. He also relied on the judgment of this Court in Jiljet and another v. Stamphen George and others [ 2018 (5) KHC 206 ] and submitted that the rider of the motorcycle can never come under the definition of 3rd party.

Hence, no compensation is payable on that ground also.

6. The learned counsel appearing for the claimants/respondents also relied upon the judgment of Ramkhiladi (supra)

7. Though it is a comprehensive policy, the rider cannot maintain a claim against the owner/insurer of the vehicle ridden by him, and get himself injured. He himself was the tortfeasor and no other vehicle is involved in the accident. In such a situation, the claimants are only entitled for an amount of ₹1,00,000/- towards personal accident, as per the policy issued by the insurer. Accordingly, the award passed by the tribunal is set aside and the award is modified as follows :-

The respondents/claimants will be entitled for an amount of ₹1,00,000/- (Rupees one lakh only) with interest at the rate of 8% per annum from the date of original petition till realization and proportionate costs. The appellant insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimants shall furnish copies of the PAN Card, ADHAAR Card and bank details before the appellant insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law.