2025:KER:26156 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 14TH DAY OF MARCH 2025/23RD PHALGUNA, 1946 MACA NO. 534 OF 2014 AGAINST THE ORDER/JUDGMENT DATED 13.11.2013 IN OPMV NO.302 OF 2007 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR. APPELLANT: THE NEW INDIA ASSURANCE COMPANY, BRANCH OFFICER, ERNAKULAM, REPRESENTED BY RAJEEV GEORGE, (DEPUTY MANAGER), DULY CONSTITUTED ATTORNEY, REGIONAL OFFICE, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI - 682 011. BY ADV DINESH MATHEW J MURIKAN RESPONDENTS: 1 LEELA, AGED 73 YEARS, W/O.KUNJU, PANDIKASALAKKAL HOUSE, WEST OF SUB REGISTRAR OFFICE, NARAKKAL P.O., ERNAKULAM DISTRICT, PIN - 682 505. 2 RENJITH, AGED 47 YEARS, S/O.KUNJU, PANDIKASALAKKAL HOUSE, WEST OF SUB REGISTRAR OFFICE, NARAKKAL P.O., ERNAKULAM DISTRICT, PIN - 682 505. 3 KISHORE, AGED 43 YEARS, S/O.KUNJU, PANDIKASALAKKAL HOUSE, WEST OF SUB REGISTRAR OFFICE, NARAKKAL P.O., ERNAKULAM DISTRICT, PIN - 682 505. M.A.C.A.No.534 of 2014 2025:KER:26156 -2- 4 INDIRA, AGED 57 YEARS, D/O.KUNJU, PANDIKASALAKKAL HOUSE, WEST OF SUB REGISTRAR OFFICE, NARAKKAL P.O., ERNAKULAM DISTRICT, PIN - 682 505. 5 MINI, AGED 46 YEARS, D/O.KUNJU, PANDIKASALAKKAL HOUSE, WEST OF SUB REGISTRAR OFFICE, NARAKKAL P.O., ERNAKULAM DISTRICT, PIN - 682 505. 6 DEEPAN M.D, S/O.DHARMAJAN, MARAKKAPPARAMBIL HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT, PIN - 682 502. BY ADV SRI.A.N.SANTHOSH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No.534 of 2014 2025:KER:26156 -3- J U D G M E N T Dated this the 14th day of March, 2025 The 2nd respondent in OP(MV) No.302 of 2007 on the file of the Motor Accidents Claims Tribunal, North Paravur is the appellant. 2. The Original Petition was filed under Section 163A of the Motor Vehicle Act by the legal heirs of deceased Lalu, who died in a motor vehicle accident that occurred on 11.06.2006. According to the petitioners, on 11.06.2006, at about 3.30 p.m., while the deceased was riding a motorcycle along the Vypin- Munambam road, the motorcycle skidded and he fell down and sustained serious injuries and he succumbed to the injuries. 3. The 1st respondent is the owner and 2nd respondent is the insurer of the motorcycle. 4. As per the award dated 13.11.2013, the Tribunal directed the 2nd respondent to pay a compensation of Rs.4,06,200/-. Being aggrieved by the above award, the 2nd respondent preferred this appeal. 5. One of the contentions raised by the learned counsel for the 2nd respondent/insurer is that, the deceased being the rider of the motorcycle, he cannot claim compensation under S.163A of the Motor Vehicles Act from the appellant as at the time of the accident he had stepped into the shoes of the owner himself. M.A.C.A.No.534 of 2014 2025:KER:26156 -4- The learned counsel has also relied upon the decision of the Hon’ble Supreme Court in Nigamma and Another v. United India Insurance Co. Ltd. [(2009) 13 SCC 710] as well as the decision of a Single Bench of this Court in Oriental Insurance Co. Ltd. v. Pavithran and Others (M.A.C.A.No.1610 of 2016) to substantiate the above argument. The learned counsel for the petitioners also fairly conceded the above argument. 6. In the light of the above decisions, the petitioners are entitled to get only the personal accident coverage to the tune of Rs.1,00,000/- and as such, the impugned award is to be modified accordingly by allowing this appeal. 7. In the result, the appeal is allowed in part as follows: The impugned award passed by the tribunal is modified and the quantum of compensation is limited to Rs.1,00,000/-. For the said amount, the petitioners are entitled to get interest at the rate of 8% per annum from the date of the petition till realization. Sd/- C.PRATHEEP KUMAR JUDGE ADS