Disposed

Edison Joy, v. Liberty Videocon General Insurance Company Ltd.

Kerala HC22 Jan 2021WP(C)/881/2020

Case brief

AI extract

What is this about?

Petition in a consumer forum challenging refusal of insurance settlement. The writ petition was disposed of by permitting petitioner to submit available documents and give reasons for missing ones, after which the claim shall be processed without further delay.

What did the court decide?

Petitioner permitted to produce available documents and explain unavailability; insurer to process claim further without further delay.

Edison Joy, Vs Liberty Videocon General Insurance Company… — 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 N.NAGARESH

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FRIDAY, THE 22ND DAY OF JANUARY 2021/2ND MAGHA, 1942

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WP(C).No.881 OF 2020(I)

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PETITIONER:

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EDISON JOY, AGED 24 YEARS, S/O. JOY, KARIKOTTUMYALIL HOUSE, KUZHIYARA P.O., CHOTTANIKKARA, THIRUVANIYOOR-682 308.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENTS:

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1 LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LTD., DOOR NO.39/4166-A, 2ND FLOOR, SHEMA BUILDING, M.G.ROAD, RAVIPURAM, ERNKAULAM-682 016, REPRESENTED BY ITS BRANCH MANAGER.

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2 SUB INSPECTOR OF POLICE, PALA POLICE STATION, KOTTAYAM DISTRICT-686 001.

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3 HDFC BANK LTD.,1ST FLOOR, BANERJI ROAD, NEAR MATHA PHARMACY, COCHIN-682 019.

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R1 BY ADV. SRI.P.JACOB MATHEW R2 BY G.P. SMT K.M.RASHMI R3 BY SRI T.RAJESH, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.881/2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 22^nd day of January, 2021

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The petitioner is before this Court aggrieved by the

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alleged refusal of the 1^st respondent to settle his insurance claim.

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The petitioner states that his motorcycle which was insured with the 1^st respondent, was stolen on 06.04.2017 from a place near Alphonsa College, Pala. The petitioner submitted insurance claim. However, the 1^st respondent is not settling the claim of the petitioner.

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Heard learned counsel for the petitioner and learned Standing Counsel for the 1^st respondent.

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The learned Standing Counsel for the 1^st respondent would submit that the petitioner was required to produce the original Registration Certificate, original keys of the motorcycle, original Insurance Policy, claim form, letter of intimating the theft to the RTO and Final Report in respect of

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WP(C) No.881/2020

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: 3 :

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the crime from the police authorities. However, in spite of repeated requests made through registered letters, the petitioner did not produce the requisite documents.

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The learned counsel for the petitioner, on the other hand, would say that the RC book and original keys were also stolen along with the motorcycle. The petitioner can produce the other documents sought for by the insurer.

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In the circumstances of the case, the writ petition is disposed of permitting the petitioner to produce the documents required by the 1^st respondent which are available with him and explaining the reasons for not producing the unavailable documents. Once the 1^st respondent receives the documents and explanation from the petitioner, the claim of the petitioner shall be processed further in accordance with law, without further delay.

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Sd/-

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N. NAGARESH, JUDGE

aks/22.01.2021

WP(C) No.881/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPUTER PRINT OF THE RC DETAILS WITH REGARD TO THE VEHICLE BEARING REGISTRATION NO.KL 39 H 1381 OF THE PETITIONER

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EXHIBIT P2 TRUE COPY OF THE STATEMENT DATED 13.4.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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EXHIBIT P3 TRUE COPY OF THE FIR IN CRIME NO.1593/2017 OF PALA POLICE STATION EXHIBIT P4 TRUE COPY OF THE INSURANCE POLICE OF THE MOTORBIKE COVERED BY EXT. P1

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EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 31.12.2019 ISSUED BY THE 3RD RESPONDENT

Edison Joy, v. Liberty Videocon General Insurance Company Ltd.

Case brief

What is this about?

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Edison Joy, v. Liberty Videocon General Insurance Company Ltd.

Case brief

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What did the court decide?

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