M.T.P. Muhammed v. Oriental Insurance Company
Case brief
What is this about?
Petitioner seeks insurer to decide his claim ignoring a Police referral report. Court directs insurer to decide and communicate decision via registered post within three weeks without delving into merits.
What did the court decide?
Respondent directed to communicate decision on petitioner's claim via registered post within three weeks from receipt of judgment.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945
WP(C) NO. 14162 OF 2023
PETITIONER:
M.T.P. MUHAMMED
AGED 64 YEARS
S/O ASSAINARKUTTY V.P, PROPRIETOR OF SULFEX MATTRESS CO.
ELAMPARAMBA, KOOVERI, PALLIYAL P.O, TALIPARAMBA., PIN -
670563
BY ADVS.
TINU T.JOSEPH
B.N.SHIVSANKAR
RAKHI RAVEENDRAN
RESPONDENTS:
1ORIENTAL INSURANCE COMPANY,
DIVISIONAL OFFICE NO. 1, 2ND FLOOR, UNITY COMPLEX, S.N
PARK ROAD, KANNUR,, KERALA , REPRESENTED BY DIVISIONAL
MANAGER., PIN - 670001
2SECRETARY,
CHAPPARAPADAVU GRAMA PANCHAYAT, CHAPPARAPADAVU P.O, PIN -
670581
3C.I OF POLICE
TALIPARAMBA, 29P7+X6J, COURT ROAD, VELAPURAM,
TALIPARAMBA., PIN - 670141
4ASSISTANT AND DIVISIONAL OFFICER
FIRE AND RESCUE SERVICES, V979+M2X, NR. PRABHATH
JUNCTION, H Q HOSPITAL P.O, KANNUR., PIN - 670001
BY ADVS.
GEORGE A.CHERIAN
ABHILASH K.N.
SUNIL NAIR PALAKKAT(K/1049/1999)
RISHI VARMA T.R.(K/002025/2019)
RITHIK S.ANAND(K/001899/2021)
ANU PAUL(K/002201/2021)
SREELAKSHMI MENON P.(K/001252/2022)
K.JACOB MATHEW(J-481)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
1 issue framed by the court
Whether the Insurance Company can rely on the Police referral report (Ext.P14) when deciding the claim.
Parties & counsel
- petitioner
M.T.P. MUHAMMED
- respondent
ORIENTAL INSURANCE COMPANY
- respondent
SECRETARY, CHAPPARAPADAVU GRAMA PANCHAYAT
- respondent
C.I OF POLICE, TALIPARAMBA
- respondent
ASSISTANT AND DIVISIONAL OFFICER FIRE AND RESCUE SERVICES, KANNUR
Case details
As recorded by the court registry
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