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Malabar Regional Co-Operative Milk Producer'S Union Limited v. National Insurance Company Limited

Kerala HC14 Sept 2021WP(C)/17240/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed respondents to decide pending personal accident claim applications within three months after affording the petitioner an opportunity of hearing. The dispute involved delays in processing insurance claims.

What did the court decide?

Direction to respondents to decide pending claim applications within three months after giving the petitioner an opportunity of hearing.

Malabar Regional Co-Operative Milk Producer'S Union… — Consumer Protection | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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WP(C) NO. 17240 OF 2021

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PETITIONER:

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MALABAR REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LIMITED, PERINGOLAM, P.O.KUNNAMANGALAM, KOZHIKODE-673571, REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS. LINDONS C.DAVIS E.U.DHANYA

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RESPONDENTS:

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1 NATIONAL INSURANCE COMPANY LIMITED HEAD OFFICE, 3, MIDDILETON STREET, PROFULLACHANDRASEN SARANI, KOLKATTA, WEST BENGAL-700071, REPRESENTED BY ITS GENERAL MANAGER.

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2 NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE-IV, NO.36,GROUND FLOOR, MUNIRATNAM, ORCHID RAILWAY STATION PARALLEL ROAD, NEHRU NAGAR, BANGLORE-560020.

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3 GRIEVANCE REDRESSAL OFFICER, (CHIEF REGIONAL MANAGER, BANGALORE REGIONAL OFFICE) NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE-IV, NO.36, GROUND FLOOR, MUNIRATNAM, ORCHID, RAILWAY STATION PARALLEL ROAD, NEHRU NAGAR, BANGLORE-560020.

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4 SECURUS INSURANCE BROKERS(INDIA) PVT.LTD, THOMSUN ANNEXE, ACHUTHA WARRIER LANE, M.G.ROAD,

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..2..

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WP(C) NO. 17240 OF 2021

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ERNAKULAM,KOCHI-682035, REPRESENTED BY ITS PRINCIPAL OFFICER.

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BY ADV. SRI.LAL GEORGE, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17240 OF 2021

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W.P.(C)No.17240 of 2021

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J U D G M E N T

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The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the second respondent in taking a decision on Exts.P3 to P12 claim applications preferred by the petitioner.

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for respondents 1 to 3.

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Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the competent authority among respondents 1 to 3 to take a final decision on Exts.P3 to P12 claim applications preferred by the petitioner within three months, after affording the petitioner an opportunity of hearing. Ordered accordingly. It is made clear that the hearing ordered in terms of this judgment can be conducted through video conferencing as well.

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Sd/P.B.SURESH KUMAR, JUDGE

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rkj

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..4..

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WP(C) NO. 17240 OF 2021

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APPENDIX OF WP(C) 17240/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 A COPY OF THE INSURANCE POLICY NO.603900/42/16/10000135 WITH COVERAGE FOR THE PERIOD FROM THE PERIOD 01.11.2016 TO 31.10.2017. Exhibit P2 A COPY OF INTIMATION OF BANK TRANSFER OF RS.54,16,710/- BY THE PETITIONER UNION ON 31.10.2016 TOWARDS INSURANCE PREMIUM. Exhibit P3 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM OF SRI.P.C.BABY, DATED 01.04.2017. Exhibit P4 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.DHARMARAJ, DATED 12.05.2017. Exhibit P5 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.MOHANAN, DATED 06.06.2017. Exhibit P6 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SMT.SEKHARAN.K, DATED 26.08.2017. Exhibit P7 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SMT.SATHYABHAMA, DATED 23.08.2017. Exhibit P8 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI .CHANDRAN, DATED 20.01.2018. Exhibit P9 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.JACOB.P.V, DATED 20.01.2018. Exhibit P10 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO RUGMINI DATED 06.02.2018. Exhibit P11 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SMT.RAJAMMAL DATED 30.01.2018.

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..5..

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WP(C) NO. 17240 OF 2021

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Exhibit P12	A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.ANTHONISWAMI, DATED 10.04.2018.
Exhibit P13	A COPY OF THE REMINDER DATED 13.04.2018.
Exhibit P14	A COPY OF ANOTHER REMINDER DATED 26.11.2018.
Exhibit P15	A TRUE COPY OF THE REPLY DATED 22.01.2018 OF THE 4TH RESPONDENT.
Exhibit P16	THE COPY OF RELEVANT PAGE NOTIFYING GRIEVANCE OFFICER IN THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT.
Exhibit P17	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.P.C.BABY DATED 12/07/2021.
Exhibit P18	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.DHARMARAJ DATED 12.07.2021.
Exhibit P19	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.MOHANAN DATED 12.07.2021.
Exhibit P20	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED TOWARDS DEATH CLAIM OF SRI.SEKHARAN.K. DATED 12.07.2021.
Exhibit P21	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SMT.SATHYABHAMA DATED 12.07.2021.
Exhibit P22	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.CHANDRAN .A DATED 12.07.2021.
Exhibit P23	A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS PERMANENT TOTAL DISABILITY CLAIM OF

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WP(C) NO. 17240 OF 2021

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SRI.JACOB.P.V, DATED 12.07.2021. Exhibit P24 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SMT.RUGMINI.P DATED 12.07.2021.

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Exhibit P25 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SMT.RAJAMMA DATED 12.07.2021 Exhibit P26 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.ANTHONISWAMY DATED 12.07.2021.

Malabar Regional Co-Operative Milk Producer'S Union Limited v. National Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Malabar Regional Co-Operative Milk Producer'S Union Limited v. National Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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