Kerala High Court
Sakkeena vs The New India Assurance Company ... on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 22925 OF 2021
PETITIONER:
1 SAKKEENA,AGED 50 YEARS,D/O. MOIDU, 9/6, MENATTUKUZHIYAN
HOUSE, VANIYAMBALAM P.O., NILAMBUR TALUK, MALAPPURAM
DISTRICT.
2 MOIDU K,AGED 60 YEARS,KAKKADAVATH HOUSE, KUTTIPPARA,
VANIYAMBALAM, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENTS:
1 THE NEW INDIA ASSURANCE COMPANY LIMITED,DIVISIONAL
OFFICE, NS TOWER, NEAR STADIUM BUS STAND, COIMBATORE
ROAD, PALAKKAD, PIN-678 013, REPRESENTED BY ITS
MANAGER.
2 THE DISTRICT COLLECTOR,COLLECTORATE, UP-HILL, CIVIL
STATION, MALAPPURAM DISTRICT, PIN-676 505.
3 THE DEPUTY TAHSILDAR
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN-679 329.
SR. GP SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) NO.22925 OF 2021
2
JUDGMENT
The petitioners' son, Muhammed Althaf K., died
in a motor accident. Claim petitions were filed
against the petitioners as his legal heirs by the
dependents of one Arunesh and Jamsheer K.V, who
sustained injuries in the accident, as O.P(MV) Nos.
957 of 2017 and 958 of 2017 respectively. Ext P1
award was passed in the O.P(MV)s granting
compensation to the claimants. For recovery of the
award amounts, revenue recovery proceedings have
been initiated against the petitioners. It is at
that stage that the petitioners have approached this
Court. The contention of the petitioners is that,
the property now sought to be proceeded against in
the revenue recovery proceedings did not belong to
the deceased and therefore is not liable to be
proceeded against. Petitioners being legal heirs of
their deceased son, their liability is confined to
the extent of the assets if any, inherited by them.
W.P(C) NO.22925 OF 2021
2. Heard the learned counsel for the petitioner,
learned senior Government Pleader and Sri.Lal K
Joseph, learned standing counsel for the 1 st
respondent.
3. Decreetal portion of Ext P1 award reads thus:
"The liability of respondents 1 and 2 is
limited to the extent of the properties got
to them from said Muhammed Althaf, who is
the Insured RC Owner cum Rider of the Motor
Cycle bearing Registration No.KL 71/B-5458".
4. Even otherwise, the law is settled that, the
liability of the legal heirs is limited to the
extent of the assets devolved on them.
In the light of the above, the recovery
proceedings for the award amount shall necessarily
be confined to the assets if any, devolved on the
petitioners from the late Muhammed Althaf and not
against the personal properties of the petitioners.
The writ petition is disposed of with the above
direction.
Sd/-
SATHISH NINAN
JUDGE
vdv
W.P(C) NO.22925 OF 2021
APPENDIX OF WP(C) 22925/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMON AWARD DATED
16.3.2020 IN OP(MV) NO.957/2017 AND
958/2017 OF THE MACT, MANJERI.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE ISSUED
UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT DATED 13.10.2021.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED
UNDER SECTION 34 OF THE REVENUE
RECOVERY ACT DATED 13.10.2021.
Exhibit P4 TRUE COPY OF THE GIFT DEED EXECUTED BY
THE FIRST PETITIONER IN FAVOUR OF HER
MINOR CHILDREN DATED, 10.3.2017.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE ISSUED
UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT DATED 13.10.2021 FOR AND
AMOUNT OF RS.23,67,690/-
Exhibit P6 TRUE COPY OF THE DEMAND NOTICE ISSUED
UNDER SECTION 34 OF THE REVENUE
RECOVERY ACT DATED 13.10.2021 FOR AND
AMOUNT OF RS.23,67,690/-
