Kerala High Court
The Oriental Insurance Co. Ltd., Its ... vs Safiyath Saleem on 11 August, 2025
OP (MAC) NO. 35 OF 2025
1
2025:KER:60068
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
OP (MAC) NO. 35 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 16.11.2024 IN EP NO.285 OF
2022 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
PETITIONER:
THE ORIENTAL INSURANCE CO. LTD.,
ITS DULY AUTHORIZED SIGNATORY,
METRO PALACE, GROUND FLOOR,
OPP. NORTH RAILWAY STATION,
ERNAKULAM, PIN - 682018
BY ADV SRI.VPK.PANICKER
RESPONDENTS:
1 SAFIYATH SALEEM,
PALLIVATHUKKAL HOUSE, SOUTH ARYAD,
AVALOOKUNNU P.O., ALAPUZHA, PIN - 688006
2 P.K.SALIM,
PALLIVATHUKKAL HOUSE, SOUTH ARYAD,
AVALOOKUNNU P.O., ALAPUZHA, PIN - 688006
3 THALIF,
PALLIVATHUKKAL HOUSE, SOUTH ARYAD,
AVALOOKUNNU P.O., ALAPUZHA, PIN - 688006
4 SHEBINU,
PALLIVATHUKKAL HOUSE, SOUTH ARYAD,
AVALOOKUNNU P.O., ALAPUZHA, PIN - 688006
BY ADVS.
SRI.K.N.MUHAMMED THANVEER
OP (MAC) NO. 35 OF 2025
2
2025:KER:60068
SHRI.ALTHAF AHMED ABDU
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 11.08.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) NO. 35 OF 2025
3
2025:KER:60068
MOHAMMED NIAS C.P, J.
==================================
O.P.(MAC.) No. 35 of 2025
=================================
Dated this the 11th day of August, 2025
JUDGMENT
The petitioner challenges Ext.P11 order in E.P. No.285 of 2022
in O.P.(MV) No. 78 of 2013 on the files of the Motor Accidents Claims
Tribunal, Alappuzha. The claim petition, O.P.(MV) No. 78 of 2013, was
filed by the respondents herein, the legal heirs of one Muhammed
Shafi, who died in an accident on 06.10.2012, claiming a compensation
of Rs 16,50,000/- from the rider, the owner and the insurer of the
motor vehicle.
2. On 24.02.2016, an award was passed for Rs. 11,69,540/- and
the insurance company was directed to pay the amount with interest at
9% from the date of petition along with proportionate costs. On
03.12.2016, the insurer had deposited an amount of Rs 14,89,526/- in
full and final settlement of the award, and the respondents had
received the same.
OP (MAC) NO. 35 OF 2025
2025:KER:60068
3. Thereafter, the respondents filed MACA No.82 of 2017
wherein, this Court by judgment dated 20.07.2022 allowed the appeal
finding that the notional income to fix was not correct and remitted
the matter for fresh consideration, making it clear that the further
direction that the amount already paid shall not be in any way
disturbed by the tribunal while passing a fresh award in the matter.
4. The learned Counsel for the petitioner submits that through
Ext.P4 order dated 10.10.2022, the award was modified as
Rs.16,32,940/-, directing the insurance company to pay the same with
interest at 9% from the date of petition along with proportionate costs.
The insurer deposited an amount of Rs.9,39,734 after deducting
Rs.16,500/- towards the LBS and Rs.32,826 towards TDS.
5. The respondents filed execution petition claiming an
amount of Rs.7,59,039/- to which the petitioner had preferred Ext.P7
objections. The decree holder filed a revised statement claiming an
amount of Rs. 2,51,164.92 ps on 30.09.2024. The insurer again filed an
objection to the same. Thereafter, another balance statement filed by
the decree holder claiming an amount of Rs.1,83,003.50 ps. The
OP (MAC) NO. 35 OF 2025
2025:KER:60068
tribunal, through Ext.P11 order, directed the insurance company to pay
the amount as claimed by the petitioner in their statement on
30.09.2024, namely Rs.2,51,164.92 ps., which is challenged in this
original petition.
6. A reading of Ext.P11 order does not specify as to why the
calculation given by the insurance company is wrong or why the
calculation made by the decree holder is right. Absent that, the
impugned order cannot be sustained.
7. Accordingly, there will be a direction to the MACT,
Alappuzha, to re-hear E.P. No.285 of 2022 in O.P.(MV) No. 78 of 2013
after considering the rival contentions, and pass appropriate orders in
accordance with law to determine the amounts, if any, payable. The
above exercise shall be carried out within three months from the date
of receipt of a copy of the judgment. Needless to say that all the
contentions of the parties are left open.
8. The parties are directed to appear before the tribunal on
25.09.2025. The Registry is directed to communicate this order to the
tribunal concerned forthwith.
OP (MAC) NO. 35 OF 2025
2025:KER:60068
The impugned order is set aside, and the original petition is
allowed as above.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
OP (MAC) NO. 35 OF 2025
2025:KER:60068
APPENDIX OF OP (MAC) 35/2025
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE AWARD DATED 24/02/2016 IN
OP(MV) 78/2013 ON THE FILE OF THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL, ALAPUZHA
EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED
03/12/2016 ACCOMPANYING THE CHEQUES IN THE
NAMES OF THE CLAIMANTS, DULY ACKNOWLEDGED BY
THE TRIBUNAL
EXHIBIT P3 TDS CERTIFICATE SHOWING REMITTANCE OF AMOUNTS
WITH THE INCOME TAX AUTHORITIES
EXHIBIT P4 TRUE COPY OF THE REVISED AWARD DATED
10/10/2022 IN OP(MV) 78/2013 ON THE FILE OF
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPUZHA
EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED
09/12/2022 ACCOMPANYING THE PAYMENT ADVICES
IN THE NAMES OF THE CLAIMANTS, DULY
ACKNOWLEDGED BY THE TRIBUNAL
EXHIBIT P6 TRUE COPY OF THE EXECUTION PETITION DATED
22/12/2022 BEARING NO. 285/2022 IN
OP(MV)78/2013 ON THE FILE OF THE MACT
ALAPUZHA
EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER/JUDGMENT DEBTOR IN E.P NO.
285/2022 IN OP(MV)78/2013 ON THE FILE OF THE
MACT ALAPUZHA
EXHIBIT P8 TRUE COPY OF ONE SUCH REVISED BALANCE
STATEMENT RELIED ON BY THE TRIBUNAL DATED
30/09/2024 FILED BY THE RESPONDENTS
EXHIBIT P9 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER/JUDGMENT DEBTOR IN OCTOBER 2024 IN
E.P NO. 285/2022 IN OP(MV)78/2013 ON THE FILE
OF THE MACT ALAPUZHA
EXHIBIT P10 TRUE COPY OF THE REVISED BALANCE STATEMENT
DATED 26/12/2024 FILED BY THE
RESPONDENTS/CLAIMANTS
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 16/11/2024 IN
E.P NO. 285/2022 IN OP(MV)78/2013 ON THE FILE
OF THE MACT ALAPUZHA
// True Copy // PA To Judge
