Edison Joy vs Liberty Videocon General ...
2021 Latest Caselaw 2600 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

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

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


PETITIONER:

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

              BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENTS:

     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.

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

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

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

     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
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 22nd day of January, 2021

The petitioner is before this Court aggrieved by the

alleged refusal of the 1st respondent to settle his insurance

claim.

2. The petitioner states that his motorcycle which was

insured with the 1st 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.

3. Heard learned counsel for the petitioner and

learned Standing Counsel for the 1st respondent.

4. 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 WP(C) No.881/2020

the crime from the police authorities. However, in spite of

repeated requests made through registered letters, the

petitioner did not produce the requisite documents.

5. 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.

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 1st 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.

Sd/-

N. NAGARESH, JUDGE

aks/22.01.2021 WP(C) No.881/2020

APPENDIX PETITIONER'S EXHIBITS:

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

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

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

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