IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 4654 of 2002(D) --------------------------------- PETITIONER: ------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS ASSISTANT MANAGER,REGIONAL OFFICE,METRO PALACE,KOCHI-18 BY ADV. SRI.MATHEWS JACOB SRI.P.JACOB MATHEW RESPONDENTS: ------------------------ 1. THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. 2. MOHAMMED ASHRAF,TC 40/1651,HOMOEO CLINIC,SMA BUILDING,MANACAUD P.O., THIRUVANANTHAPURAM. 3. SHAJAHAN,T.C.40/1651,HOMOEO CLINIC SMA BUILDING,MANACAUD P.O.,THIRUVANANTHAPURAM. 4. JAUHARA,T.C.40/1651,HOMOEO CLINIC,SMA BUILDING,MANACAUD P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.P.K.MUHAMMED THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.4654/2002 ORDER ON CMP. NO.8354/2002 IN OP. 4654/2002 DISMISSED 18.01.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 1.3.2000 IN MFA. NO.319/1996. EXT.P2:- COPY OF THE ORDER DT. 28.03.2000 IA. 3736/2000 IN OP.(MV) 1582/1989. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 4654 OF 2002 --------------------------------------- Dated this the 18th day of January, 2008. J U D G M E N T Challenge is on Exhibit P2 order passed by the Motor Accidents Claims Tribunal, Thiruvananthapuram. It is passed on a petition filed by the petitioner herein for refund of the amounts. The claim is made based on Exhibit P1 judgment. That application has been dismissed by a cryptic order. The order reads as follows: “Heard. Dismissed”. I am afraid, the order does not satisfy the requirements of an order to be passed by a Tribunal when there is a claim for refund of amounts. 2. Exhibit P2 is set aside. There will be a direction to the first respondent to pass a reasoned order in I.A.No.3736/2000 in O.P.(MV)1582/1989 within a period of four months from the date of production of a copy of this judgment. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 4654 OF 2002 J U D G M E N T 18.01.2008