MACA NO. 2846 OF 2014 1 2025:KER:25991 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 MACA NO. 2846 OF 2014 AGAINST THE AWARD DATED IN OPMV NO.1049 OF 2005 OF ADDITIONAL MOTOR ACCIDENTC CLAIMS TRIBUNAL-I, PATHANAMTHITTA APPELLANT/2ND RESPONDSENT :- THE ORIENTAL INSURANCECO. LTD. METRO PALACE, GROUND FLOOR, OPP. NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORIZED OFFICER. BY ADV SRI.VPK.PANICKER RESPONDENTS/1ST RESPONDENT AND PETITIONERS :- 1 SHIBU P.R. KUNJANICKA PARAMBILKUTHUMKAL, UDUMBUMCHOLA, IDUKKI-685554. *2 SHAJUDEEN @SHAJI (EXPIRED) S/O LATE IBRAHIM RAWTHER, PERAPPUKKALA VADAKKETHIL, THONNALLUR,PANDALAM-689501. 3 RAHMATH BEEVI D/O IBRAHIM RAWTHER, PERAPPUKKALA VADAKKETHIL, THONNALLUR, PANDALAM-689501. 4 SALEENA BEEVI D/O IBRAHIM RAWTHER, PERAPPUKKALA VADAKKETHIL, THONNALLUR, PANDALAM-689501. 5 RAJEENA BEEVI D/O IBRAHIM RAWTHER, PERAPPUKKALA VADAKKETHIL, THONNALLUR, PANDALAM-689501. MACA NO. 2846 OF 2014 2 2025:KER:25991 6 NERJI BEEVI D/O IBRAHIM RAWTHER, MENTALLY RETARDED PERSON, REPRESENTED BY BROTHER THE IST PETITIONER, SHAJUDEEN S/O. IBRAHIM RAWHTER, PERAPPUKKALA VADAKKETHIL, THONNALLUR,PANDALAM-689 501. *7 ADDL.RESPONDENTS 7 TO 9 ARE IMPLEADED :- SHEEJA, AGED 37 YEARS, PERAPPUKALA VADAKKETHIL, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT 8 IRFANA, AGED 13 YEARS (MINOR), PERAPPUKALA VADAKKETHIL, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT 9 SALMAN, AGED 11 YEARS (MINOR), PERAPPUKALA VADAKKETHIL, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT (MINOR RESPONDENTS 8 AND 9 ARE REPRESENTED BY GUARDIAN MOTHER 7TH RESPONDENT) *ADDITIONAL RESPONDENTS 7 TO 9 ARE IMPLEADED AS PER ORDER DATED 07/07/2015 IN IA.543/15 IN MACA 2846/14) BY ADVS. SRI.DIPU JAMES SRI.GEORGE MATHEW SRI.K.S.HARIHARAPUTHRAN SRI.V.O.ROBINSON SRI.SUNIL KUMAR A.G THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 2846 OF 2014 3 2025:KER:25991 J U D G M E N T The 2nd respondent in O.P.(M.V.) No.1049 of 2005 on the file of the Motor Accident Claims Tribunal, Pathanamthitta, is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal). 2. The petitioners are the children of deceased Ibrahim Rawther, who died in a motor vehicle accident that occurred on 14.03.2005. The above O.P was filed under Section 163A of the Motor Vehicles Act. According to the petitioners, on 14.03.2005 at about 10.00 am, while the deceased was riding a motorcycle bearing Registration No.KL-07-Q-2126 owned by the 1st respondent, suddenly the vehicle capsized into a deep canal. As a result of which, he sustained serious injuries and he succumbed to the injuries. 3. The 1st respondent is the owner and 2nd respondent is the insurer of the offending vehicle. 4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the liability as it is a self accident. 5. The evidence in the case consists of documentary evidence Exts.A1 to A4 and B1 to B2. 6. After evaluating the evidence on record, the Tribunal awarded a MACA NO. 2846 OF 2014 4 2025:KER:25991 total compensation of Rs.1,24,500/- and directed the insurer to pay the same. 7. Being aggrieved by the quantum of compensation awarded by the Tribunal, the 2nd respondent preferred this appeal. 8. Now the point that arises for consideration is the following: Whether the Tribunal was justified in mulcting the liability on the 2nd respondent/insurer? 9. Heard Sri.VPK Panicker, the learned standing counsel appearing for the insurance company/appellant and Sri.Dipu Thomas, the learned counsel appearing for the petitioners/respondents. 10. One of the arguments advanced by the learned counsel for the appellant is that since it is a self accident, the Tribunal was not justified in mulcting the liability on the appellant. Even according to the petitioners, the deceased met with the accident when the motorcycle ridden by him fell into a deep canal. The learned standing counsel for the insurer would argue that as per Ext.B1 agreement dated 20.05.2003, the ownership of the motorcycle was transferred in favour of the deceased and as such since 20.05.2003 he is the owner of the offending motorcycle. As per Ext.B2 policy there is a personal accident coverage to the tune of Rs.1,00,000/- in favour of the owner/driver. In the above circumstance, in the light of Ext.B1 policy, the petitioners being the legal heirs of the deceased can claim only the personal accident coverage of Rs.1,00,000/- MACA NO. 2846 OF 2014 5 2025:KER:25991 along with the reasonable rate of interest. Considering the facts, I hold that interest at the rate of 8% will be a reasonable interest in this case. 11. In the light of above discussion, this appeal is allowed in part, as follows :- Compensation due to the petitioners is limited to Rs.1,00,000/- with interest at the rate of 8% per annum from the date of petition till deposit/realisation. Sd/- C. PRATHEEP KUMAR, JUDGE SMA.