Jayaprakasan.M v. The New India Assurance Co. Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 31970 of 2015 (U) ---------------------------- PETITIONER :

------------------ JAYAPRAKASAN.M., AGED 41 YEARS, S/O.MANI, VALAYIL VEEDU, MANNAPRA P.O., PALAKKAD BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS :

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1. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHITTUR TOWERS, ANICODE JUNCTION, CHITTUR P.O., PALAKKAD - 678101. REP. BY ITS MANAGER.

2. THE GRIEVANCE REDRESSAL CELL, THE NEW INDIA ASSURANCE CO.LTD., REGIONAL OFFICE, KANDOMKULATHY TOWERS, M.G. ROAD, ERNAKULAM - 682018.

3. MURALEEDHARAN, AGED 36 YEARS, S/O. GOPI, SABARI NIVAS, KENAMPULLY, CHITTUR, PALAKKAD - 678101. BY SRI.A.A.ZIYAD RAHMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31970 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE CERTIFICATE OF REGISTRATION OF THE GOODS CARRIAGE BEARING REG. NO. KL-49-E-1729.

P2:

COPY OF THE POLICY SCHEDULE CUM CERTIFICATE OF INSURANCE ISSUED BY THE R1 FOR THE LMG-GOODS CARRIAGE BEARING REG. NO. KL 49-E-1729.

P3:

COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE R3 DT 20/8/2014.

P4:

COPY OF THE FIR NO. 1477 OF VADAKKENCHERRY POLICE STATION DT 27/9/2014.

P5:

COPY OF THE FINAL REPORT IN CRIME NO. 1477/OF VADAKKENCHERRY POLICE STATION, PALAKKAD.

P6:

COPY OF THE CLAIM FORM SUBMITTED BY THE PETITIONER. P7:

COPY OF THE SURVEY REPORT DATED 11/2/2015 PREPARED BY MR. A.V. BABU.

P8:

COPY OF THE COMMUNICATION DT 24/7/2015 ISSUED BY THE R1. P9:

COPY OF THE REPRESENTATION DT 3/10/2015 SUBMITTED BEFORE THE R2. RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 31970 of 2015 ------------------------------------------- Dated this the 20th October, 2015

JUDGMENT

The petitioner, based on the repudiation of insurance policy by the Insurance Company, has approached the second respondent, Grievance Redressal Cell. Exhibit P9 is the copy of the challenge made by the petitioner against the repudiation.

In the above circumstances, the second respondent is directed to consider Exhibit P9 and take appropriate action on the same within one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs21/10/15