Kerala High Court
Premachandran Nair vs Oriental Insurance Co.Ltd on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
OP (MAC) NO. 68 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 312/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,NEYYATTINKARA, THIRUVANANTHAPURAM
PETITIONERS / PETITIONERS IN THE INTERLOCTORY APPLICATION /
APPLICANT NO.1 AND 2 IN THE ORIGINAL CLAIM APPLICATION:
1 PREMACHANDRAN NAIR
AGED 60 YEARS
S/O. KRISHNA PILLAI, KRISHNAKRIPA, KRISHNA NAGAR,
NEYYATTINKARA P.O, PIN 695 121
2 SARASAKUMARI
AGED 53 YEARS
W/O. PREMACHANDRAN NAIR, KRISHNAKRIPA, KRISHNA
NAGAR, NEYYATTINKARA P.O, PIN 695 121
BY ADV RINU. S. ASWAN
RESPONDENTS / 2ND COUNTER PETITIONER IN THE INTERLOCTORY
APPLICATION / 2ND RESPONDENT IN THE ORIGINAL CLAIM
APPLICATION:
1 ORIENTAL INSURANCE CO.LTD
REPRESENTED BY ITS MANAGER, NEAR KSRTC BUS STAND,
NEYYATTINKARA, PIN 695 121
BY ADV K.S.SANTHI
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (MAC) NO. 68 OF 2021
2
JUDGMENT
Dated this the 23rd day of July 2021
The petitioners are the legal heirs of a deceased
teenager, who succumbed to injuries in a motor accident
on 31.01.2015. The learned Tribunal awarded
compensation of Rs.30,40,000/- (Rupees Thirty lakh forty
thousand only) with interest and costs. The insurance
company challenged it in MACA No. 2582/2020. An
interim stay was granted, on condition that 50% of the
compensation so awarded with proportionate interest and
costs shall be deposited with liberty to the petitioners to
withdraw the amount, so deposited. It is stated that the
insurance company has complied with the interim
direction. The petitioners filed Ext.P6 & Ext.P7
applications to release the amount in deposit. The
learned Tribunal by Ext.P2 & Ext.P3 orders, ordered
release of Rs.2,00,000/- (Rupees Two lakh only) only.
This is challenged in the above proceedings.
2. Assailing the above order, the learned Counsel for
OP (MAC) NO. 68 OF 2021
the petitioner contented that he has stated in Ext.P6 &
Ext.P7 that he requires the amount in deposit for
undergoing IVF treatment and also for the purpose of
constructing a house. The court without considering the
above, by a cryptic order declined the prayer and allowed
only a part, is the grievance of the petitioner. Heard the
learned Counsel for the respondent also.
3. Perusal of Exts.P6 and P7 indicate that, though
the petitioner has referred to the grounds for release of
the amount, the details of expenses to be incurred, the
property wherein they propose to construct house, the
manner in which they propose to raise the balance
amount, etc are not forthcoming. Probably, the court
below was not impressed by the available material which
resulted in the present order.
4. Having considered this and after hearing both
sides, I feel that the impugned order is liable to be set
aside with a direction to the petitioners to file an
additional affidavit supplementing Ext.P6 and Ext.P7,
furnishing clear averments regarding their requirements,
OP (MAC) NO. 68 OF 2021
the approximate expenses required for that. They shall
file the affidavit before the court below within three weeks
from today. Thereupon, the learned Tribunal shall pass
fresh orders on Ext.P6 and Ext.P7 within a period of one
month thereafter.
The impugned orders stand set aside. The OP (MAC)
is disposed of with the above directions.
Sd/-
SUNIL THOMAS
JUDGE
SKP/23-7
OP (MAC) NO. 68 OF 2021
APPENDIX OF OP (MAC) 68/2021
PETITIONERS EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER IN IA NO. 01 OF
2020 IN M.A.C.A NO. 2582 OF 2020 DATED
16-11-2020
EXHIBIT P2 A TRUE COPY OF THE ORDER IN IA NO. 1 OF
2020 IN O.P(M.V) NO 312 OF 2015 DATED
26-02-2021 ON THE FILES OF THE LTD MACT
NEYYATTINKARA
EXHIBIT P3 A TRUE COPY OF THE ORDER IN IA NO. 02 OF
2020 IN O.P(MV) NO. 312 OF 2015 DATED
26-02-2021 ON THE FILES OF THE LD
M.A.C.T NEYYATTINKARA.
EXHIBIT P4 THE TRUE COPY OF THE AWARD IN O.P (M.V.
NO. 312 OF 2015 ON THE FILES OF THE
HON'BLE M.A.C.T NEYYATTINKARA DATED 28-
07-2020
EXHIBIT P5 A TRUE COPY OF THE CASE PROCEEDINGS IN
M.A.C.A NO. 360 OF 2021 DATED NIL.
EXHIBIT P6 TRUE COPY OF THE I.A NO. 1 OF 2020 IN
O.P(M.V) NO. 312 OF 2015 BEFORE THE
HON'BLE M.A.C.T NEYYATTINKARA DATED 31-
12-2020
EXHIBIT P7 A TRUE COPY OF THE I.A NO. 2 OF 2020 IN
O.P (M.V) NO 312 OF 2015 BEFORE THE
HON'BLE M.A.C.T NEYYATTINKARA DATED 31-
12-2020
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
