The Kerala court dismissed a writ petition alleging delay in processing a claim. It directed the insurance respondents and KSRTC to make a final decision and disburse due amounts within two months from the order date.
Direction to take a final decision on the claim and disburse amounts within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
WP(C).No.16742 OF 2019(P)
PETITIONER:
KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTATION BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY HIS AUTHORISED SIGNATORY HENA.P.N, DEPUTY LAW OFFICER.
BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
RESPONDENTS:
1 NEW INDIA ASSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVANANTHAPURAM, 761400, DO 02 II ND FLOOR, REMA PLAZA, NEAR AYYAPPAN COIL, SS COIL ROAD, THAMPANOOR, KERALA,PIN-695001.
2 ADMINISTRATIVE OFFICER, (AUTO MOBILE MOTOR TECHNICAL DEPARTMENT), NEW INDIA ASSURANCE COMPANY, ERNAKULAM REGIONAL OFFICE, KANDAMKULATHY TOWERS, 36/707, M.G.ROAD, OPPOSITE MAHARAJAS COLLEGE GROUND, ERNAKULAM, PIN-682011.
R1-2 BY ADV. SRI.A.A.ZIYAD RAHMAN SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 16742 of 2019
W.P. (C) No. 16742 of 2019
J U D G M E N T
The grievance of the petitioner in the writ petition
concerns the delay on the part of the respondents in processing the claim preferred by the petitioner, as referred to in the writ petition.
respondents, on instructions, submits that the claim is being processed and a decision will be taken on the claim soon.
In the circumstances, the writ petition is disposed of directing the respondents to take a final decision on the claim
made by the petitioner and disburse the amounts, if any, due to the petitioner, within two months.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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W.P. (C) No. 16742 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF INSURANCE ISSUED BY THE 1ST RESPONDENT DATED 27.02.2017 TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE SURVEYOR REPORT SUBMITTED BY K.MADHU,IRDA LICENSED UNDER SURVIVOR AND LAW ACCESSOR DATED 10.02.2018. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 04.04.2018. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 07.04.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER DATED 23.06.2018 TO THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 13.07.2018. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 20.09.2018. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10.01.2019. EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 25.03.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
YKB
2 issues framed by the court
How long should an insurance company delay in processing a claim before a writ court intervenes?
Whether the High Court can direct a final decision and disbursement in an insurance dispute involving a State Corporation?
Kerala State Road Transport Corporation
New India Assurance Company Limited
Administrative Officer (Auto Mobile Motor Technical Department)
S.P. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
