Claimants can seek compensation under personal accident coverage despite deceased being the rider in a self-accident.

JUDGMENT

[MACA Nos.148/2014, 254/2014]

These appeals are filed by the claimants and the insurer, challenging the compensation awarded by the tribunal. M.A.C.A. No. 148 of 2014 is filed by the claimants dissatisfied with the tribunal award whereas M.A.C.A. No. 254 of 2014 is filed by the second respondent insurer challenging their liability to pay the award amount. Since these appeals arise from the common award in O.P.(MV) No.684/2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, the appeals are heard together and are disposed of by this judgment. The parties are hereinafter referred to as arrayed in the O.P.(MV).

2. The brief facts of the case are as follows: On

15.01.2005 at about 8.30 p.m., while the deceased Jagadeesh was riding a motorcycle bearing registration No.KLT-F-8489 from Pathanamthitta to Kozhencherry, he applied sudden brake to save a pedestrian who abruptly crossed the road and thus lost control of the vehicle and thus the vehicle capsized, and as a result, the deceased sustained serious injuries and succumbed to the injuries on 01.02.2005 while undergoing treatment. The claimants who are the legal heirs of the deceased, approached the tribunal claiming compensation. 3. Though notice was served on the respondents, the first respondent/owner remained absent and was set ex parte. The second respondent/ insurer filed a written statement, admitting the insurance policy but disputing the liability. They contended that the deceased being the driver of the motorcycle is not a third party and therefore claimants are not entitled to get compensation. Before the tribunal, Exts.A1 to A6 and Ext.X1 were marked. PW1, RW1 & RW2 were examined. The tribunal after analysing the pleadings and materials on record, awarded a sum of ₹50,000/- to the claimants from the date of claim petition and in default of payment as above, penal interest @ 9% per annum was also awarded. Challenging the impugned award, the claimants and the insurance company have come up in appeals.

4. Heard the learned counsel for the claimants and the learned standing counsel for the insurer.

5. The learned counsel appearing for the claimants admits that the claim petition is one under Section 163A of the Motor Vehicles Act .

6. The learned standing counsel appearing for the insurance company submitted that the tribunal had awarded an amount of ₹50,000/- to the claimants. The learned standing counsel appearing for the insurance company submitted that since it was a self accident and the deceased being the rider of the two wheeler, and not a third party, is not entitled for any compensation.

7. Admittedly, it is a petition filed under Section 163A of the Motor Vehicles Act and the deceased was the rider of the motorcycle. There is no dispute on the fact that the accident was a self accident and no other vehicle was involved in this case. Since, he being the rider of the vehicle, following the judgment in Ramkhiladi and Another v. The United India Insurance Company and Another [(2020) 2 SCC 550] , I that the rider will step into the shoes of the owner and the claimants cannot claim any compensation for the death of the injured. However, the tribunal had awarded only an amount of ₹50,000/- as compensation. Considering the fact that he being the rider, would step into the shoes of the owner and is entitled to get the amount due under the personal accident coverage. The standing counsel appearing for the insurer submits that the amount due under the personal accident coverage is ₹1,00,000/-, and he is entitled for that amount.

Accordingly, MACA No.254/2014 filed by the insurance company is dismissed. MACA No.148/2014 filed by the claimants is partly allowed. The award dated 05.10.2013 in O.P. (MV) No.684/2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta is set aside. The claimants are entitled for an amount of ₹1,00,000/- (Rupe