The insurer's liability is limited to the terms of the insurance policy, which does not cover the owner's death while riding their own motorcycle unless additional premium was paid.

JUDGMENT

Anil K. Narendran, J. This appeal arises out of the award dated 30.5.2013 of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.1375 of 2003, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one K.P.Jayanandan, the husband of the 1 st respondent, father of the 2 nd and 3 rd respondents and son of the 4 th respondent, who died in a motor vehicle accident occurred on 20.1.2003 while travelling as pillion rider in a motor cycle bearing Reg.No.KL-13/2450 ridden by the 5 th respondent. The said motor cycle, which was owned by the deceased, was insured with the appellant insurer. At the place of accident, the motor cycle capsized allegedly due to the rash and negligent riding of the 5 th respondent. The deceased who fell down and sustained injuries, had succumbed to the injuries on the way to hospital. At the time of the accident, the deceased was working as Extra Departmental Postman at Muthiyanga Post Office, drawing a salary of 2,750/- per month. Claiming a total compensation of 10,00,000/- under ₹ ₹ different heads, claim petition was filed before the Tribunal.

2. The 5 th respondent rider filed a written statement denying the negligence attributed on him. The 5 th respondent contented that when the motor cycle reached the place of accident, a boy crossed the road all on a sudden. He applied brake to save the boy and in that process the motor cycle capsized and the deceased who was a pillion rider fell down and sustained fatal injuries.

3. The appellant insurer filed written statement admitting the existence of a valid insurance policy for the motor cycle involved in the accident, which stood in the name of the deceased. The said contract of insurance is to indemnify the insured for the liability incurred by him in respect of death or bodily injuries to any person carried in the vehicle or damages to any property of a third party caused by or arising out of use of the vehicle. The appellant insurer contended that, Section 147 of the Motor Vehicles Act, 1988 does not require the insurer to assume risk for death or bodily injury to the owner of the vehicle. Where insured owner of the vehicle has no liability to a third party, the insurer also has no liability. The owner of the vehicle can claim compensation, provided a personal accident insurance has been taken out. As such, that the claimants are not entitled to claim any compensation from the appellant insurer.

4. Before the Tribunal, Exts.A1 to A12 were marked on the side of the claimants and Ext.B1 copy of the insurance policy was marked on the side of the insurer. Both sides have not chosen to adduce any oral evidence.

5. Before the Tribunal, on the question of liability, the claimants contended that Ext.B1 policy was a comprehensive policy. Since additional premium has been paid to cover personal accident risk, the insurer is liable to pay the amount of compensation. Per contra, the insurer contended that Ext.B1 policy being a package policy, the personal accident cover on payment of additional premium is limited to 1,00,000/- ₹ .

6. After considering the pleadings and materials on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent riding of the motor cycle by the 5 th respondent rider. The Tribunal awarded a total compensation of 9,91,500/- under different ₹ heads, together with interest at the rate of 8% per annum from the date of petition till realisation, with proportionate costs. On the question of liability, the Tribunal fastened the liability on the appellant insurer, since Ext.B1 policy is a package policy and additional premium has also been paid to cover personal accident risk. Accordingly, the appellant insurer was directed to deposit the above said amount before the Tribunal, within 2 months from the date of award. It was also ordered that, the amount of ₹ 10,000/- awarded as compensation towards loss of consortium shall be