Kerala High Court
Dr.G.Ambika Devi vs T.R Raveendranath on 4 November, 2025
2025:KER:83549
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
MACA NO. 148 OF 2014
AGAINST THE AWARD DATED 05.10.2013 IN OPMV NO.684 OF
2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANTS/PETITIONERS IN O.P.(MV):
1 DR.G.AMBIKA DEVI
AGED 49 YEARS, W/O.K.JAGADEESH,
AYICKATT THEKKATHIL VEEDU,
MADATHUMBHAGOM NORTH, PURAMATTOM,
THIRUVALLA.
2 ANJANA J
AGED 14 YEARS, D/O.K.JAGADEESH,
AYICKATT THEKKETHIL VEEDU, MADATHUMBHAGOM NORTH,
PURAMATTOM, THIRUVALLA
3 ARAVIND J.KURUP
AGED 10 YEARS, D/O.K.JAGADEESH,
AYICKATT THEKKETHIL VEEDU, MADATHUMBHAGOM NORTH,
PURAMATTOM, THIRUVALLA
(1ST APPELLANT IS REPRESENTED FOR AND ON BEHALF
OF THE 2ND AND 3RD APPELLANT)
BY ADV SHRI.P.C.SASIDHARAN
2025:KER:83549
MACA Nos.148/2014, 254/2014
2
RESPONDENTS/RESPONDENTS:
1 T.R RAVEENDRANATH
THAIPURACKAL HOUSE, THURUTHIKKADU P.O.,
MALLAPPALY, PATHANAMTHITTA.
PIN - 689597
2 THE ORIENTAL INSURACE CO.LTD.
THIRUVALLA.
PIN - 689101
BY ADV SHRI.A.R.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 04.11.2025, ALONG WITH MACA.254/2014, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:83549
MACA Nos.148/2014, 254/2014
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
MACA NO. 254 OF 2014
AGAINST THE AWARD DATED 05.10.2013 IN OPMV NO.684 OF
2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/2ND RESPONDENT IN THE O.P.:
THE ORIENTAL INSURANCE CO.LTD
THIRUVALLA, REPRESENTED BY THE AUTHORISED
SIGNATORY, THE ORIENTAL INSURANCE COMPANY
LIMITED,
REGIONAL OFFICE ERNAKULAM, METRO PALACE,
ERNAKULAM NORTH, KOCHI -18.
BY ADV SHRI.A.R.GEORGE
RESPONDENTS/CLAIMANTS & 1ST RESPONDENT IN THE O.P.:
1 DR.G.AMBIKA DEVI
W/O.K. JAGADEESH, AYICKATTU THEKKETHIL VEEDU,
MADATHUMBHAGOM NORTH, PURAMATTOM, THIRUVALLA.
2 ANJANA MINOR
D/O. K. JAGADEESH,AYICKATTU THEKKETHIL VEEDU,
MADATHUMBHAGOM NORTH, PURAMATTOM, THIRUVALLA.
2025:KER:83549
MACA Nos.148/2014, 254/2014
4
3 ARAVIND J KURUP MINOR
S/O. JAGADEESH, AYICKATTU THEKKETHIL VEEDU,
MADATHUMBHAGOM NORTH, PURAMATTOM, THIRUVALLA.
4 T.R. RAVEEDRANATH
THAIPURACKAL HOUSE, THURUTHIKKADU P.O.,
MALLAPPALLY, THIRUVANANTHAPURAM.
(MIN0R RESPONDENTS 2 AND 3 ARE REPRESENTED BY THEIR
MOTHER AND IST RESPONDENT DR. AMBIKA DEVI)
BY ADV SHRI.P.C.SASIDHARAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 04.11.2025, ALONG WITH MACA.148/2014, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:83549
MACA Nos.148/2014, 254/2014
5
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 2025:KER:83549 MACA Nos.148/2014, 254/2014 6 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 2025:KER:83549 MACA Nos.148/2014, 254/2014 7 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 2025:KER:83549 MACA Nos.148/2014, 254/2014 8 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 find 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 2025:KER:83549 MACA Nos.148/2014, 254/2014 9 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/- (Rupees One Lakh Only) as compensation under the personal accident coverage with interest @ 7% per annum from the date of petition till realization and proportionate costs. The 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, AADHAAR 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 appellants/claimants at the earliest in 2025:KER:83549 MACA Nos.148/2014, 254/2014 10 accordance with law.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE RK