Allowed

The Oriental Insurance Company Limited v. the State Police Chief

Kerala HC6 Aug 2019WP(C)/3971/2019

Case brief

AI extract

What is this about?

This petition was filed by an insurance company seeking police aid against a 4th respondent who was disturbing its office operations after a motor accident claim dispute. The applicant had already deposited security with the Tribunal. The petitioner sought protection against the respondent lying in front of the branch office and causing trouble to employees and customers.

What did the court decide?

The writ petition is allowed without any order on costs.

The Oriental Insurance Company Limited Vs the… — Public Procurement and Tenders | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

TUESDAY, THE 06TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941

¶7

WP(C).No.3971 OF 2019(V)

¶8

PETITIONER:

¶9

THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE, KOCHI REPRESENTED BY K.S.JOHN, THE CHIEF REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY REGIONAL OFFICE, METRO PLAZA, KOCHI-18.

¶10

BY ADVS. SRI.P.K.MANOJKUMAR SMT.SMITHA S.PILLAI SMT.ALICE THOMAS

¶11

RESPONDENTS:

¶12

1 THE STATE POLICE CHIEF (DIRECTOR GENERAL OF POLICE), KERALA STATE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

¶13

2 THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM-695001.

¶14

3 THE STATION HOUSE OFFICER, THAMPANOOR POLICE STATION, THAMPANOOR, THIRUVANANTHAPURAM-695014.

¶15

4 K.SASI

¶16

SASI NIVAS, CHERUPOIKA, KOTTARAKKARA, KOLLAM, MOBILE NUMBER-9605182346 NOW LYING IN FRONT OF THE BRANCH OFFICE OF THE ORIENTAL INSURANCE COMPANY AT THIRUVANANTHAPURAM-691543.

¶17

SR.GP SRI.P.P.THAJUDEEN

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-072019, THE COURT ON 06-08-2019 DELIVERED THE FOLLOWING:

¶19

WP(C).No.3971 OF 2019(V) 2

¶20

JUDGMENT

¶21

Vinod Chandran, J

¶22

A public sector undertaking, an Insurance Company is before us seeking police aid from the illegalities perpetrated by the 4^th respondent. It is seen that the 4^th respondent was involved in an accident and he had filed a claim petition before the Tribunal. Claim petition was allowed granting him a compensation of Rs.4,97,080/- with 9% interest. It is stated that the petitioner had already deposited a sum of Rs.8,25,659/before the MACT, Kollam. However on a demand made of Rs.1 Crore the 4^th respondent is lying in front of the branch office of the petitioner Company at Aristo Junction, Thampanoor, Thiruvananthapuram, disturbing the smooth functioning of the office of the petitioner company and creating trouble to the employees, agents and the customers of the Company and the pedestrians. The learned Senior Government Pleader submits that the 4^th respondent was arrested and removed after the interim order of this Court.

¶23

WP(C).No.3971 OF 2019(V) 3

¶24

An interim order was granted as per order dated 18.2.2019 specifically noticing that the notice sent to 4^th respondent has been returned as refused. We also see from the endorsement of the Registry that the special messenger deputed to serve notice on 4^th respondent reported that he was abused and 4^th respondent refused to accept the notice. Considering the totality of the circumstances, if any like incident is repeated by the 4^th respondent there shall be appropriate action taken by the police.

¶25

The Writ Petition is allowed without any order

¶26

on costs.

¶27

K.VINOD CHANDRAN,

JUDGE

V.G.ARUN, JUDGE

cms xxx

WP(C).No.3971 OF 2019(V) 4

¶32

APPENDIX

¶33

PETITIONER'S EXHIBITS:

¶34

EXHIBIT P1	THE PHOTOSTAT COPY OF THE AWARD
	DATED 06/05/2008 IN
	OP(MV)NO.661/1999 PASSED BY THE
	DISTRICT COURT, KOLLAM, IST ADDL.MACT, JUDGE.
EXHIBIT P2	THE PHOTOSTAT COPY OF THE JUDGMENT DATED 7/2/2013 IN MACA NO.1841/2008 PASSED BY THE
	HON'BLE HIGH COURT OF KERALA AT ERNAKULAM.
EXHIBIT P3	THE PHOTOSTAT COPY OF THE ORDER DATED 5/09/2013 IN
	I.A.NO.1973/2012 IN MACA NO.1841/2008 PASSED BY THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.
EXHIBIT P4	THE PHOTOSTAT COPY OF THE JUDGMENT DATED 5/09/2013 IN MACA NO.1841/2008 PASSED BY THE HON'BLE COURT OF KERALA, ERNAKULAM.
EXHIBIT P5	THE PHOTOSTAT COPY OF THE RECEIPT DATED 11/10/2017 ISSUED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM.
EXHIBIT P6	THE PHOTOSTAT COPY OF THE LETTER DATED 4/10/2017 SUBMITTED BY SASI.K.CHERUPOIKA, KOLLAM, TO THE MANAGER, ORIENTAL INSURANCE COMPANY, KOLLAM.
EXHIBIT P7	THE PHOTOSTAT COPY OF THE NOTICE DATED NIL SUBMITTED BY SASI K. 4TH RESPONDENT TO THE TVM.SECRETARIAT.
EXHIBIT P8	THE PHOTOSTAT COPY OF THE LETTER DATED 13/3/2018 SUBMITTED BY THE 4TH RESPONDENT TO THE MANAGER, ORIENTAL INSURANCE COMPANY, TVM.
EXHIBIT P9	THE PHOTOSTAT COPY OF THE COMPLAINT DATED 19/03/2018

¶35

WP(C).No.3971 OF 2019(V) 5

¶36

SUBMITTED BY THE BRANCH MANAGER OF THE PETITIONER COMPANY TO THE THIRD RESPONDENT.

¶37

EXHIBIT P10 THE PHOTOGRAPH OF THE 4TH RESPONDENT LYING IN FRONT OF THE PETITIONER COMPANY AT TVM. EXHIBIT P11 THE PHOTOSTAT COPY OF THE COMPLAINT DATED 5/11/2018 SUBMITTED BY THE PETITIONER COMPANY, BRANCH IN CHARGE, TO THE CITY POLICE COMMISSIONER, TVM. RESPONDENTS EXTS NIL cms /True copy/ P.S.to Judge

The Oriental Insurance Company Limited v. the State Police Chief

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Limited v. the State Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Homestead Projects and Developers Vs the State of Kerala

Sunjith M.D Vs the Sub Inspector of Police

Sheeba Barns Vs the Director General of Police

Suresh Babu K, Vs State Police Chief

Ninan Lukose, Vs the Director General of Police

Bhavisha.K. Vs State of Kerala