Ance O.Reji vs The Divisional Manager
2021 Latest Caselaw 2802 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

       MONDAY, THE 25TH DAY OF JANUARY 2021/5TH MAGHA, 1942

                       WP(C).No.1262 OF 2020(G)


PETITIONER:

               ANCE O.REJI, AGED 38 YEARS,
               S/O. REJI POULOSE, PONNAL HOUSE,
               VETTICKAL P.O., THIRUVANIYOOR,
               PUTHENCRUZ, ERNAKULAM - 682 314.

               BY ADVS.
               SRI.V.JOHN MANI
               SHRI.S.JAYANT
               SHRI.VARGHESE SABU
               SMT.MANJU ELSA ISAC

RESPONDENTS:

      1        THE DIVISIONAL MANAGER,
               NEW INDIA ASSURANCE CO. LTD.,
               OPPOSITE MUNICIPAL BUS STAND,
               THRIPUNITHURA, ERANKULAM - 682 301.

      2        THE MANAGER, CANARA BANK,
               THRIPUNITHURA BRANCH, THRIPUNITHURA,
               ERNAKULAM 682 301.

      3        THE MANAGER, CANARA BANK, REGIONAL OFFICE,
               SPENCER JUNCTION, PALAYAM,
               THIRUVANANTHAPURAM, KERALA, 695 001.

               R1 BY ADV. SRI.A.A.ZIYAD RAHMAN
               R1 BY ADV. SRI.LAL K.JOSEPH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.1262/2020

                                 2




                          JUDGMENT

Dated this the 25th day of January, 2021

The petitioner has aggrieved by non payment of

insurance coverage, in respect of his industrial unit.

2. The petitioner would contend that he availed

credit facilities/loans from respondents 2 and 3 in respect of

his industrial unit at 32/33D/, Khadher Haji, South

Kalamassery, Industrial Estate, Kalamassery. During the

floods, substantial damage was caused to the stock of the

petitioner. At the instance of the petitioner, an Insurance

Surveyor assessed the damage caused at `5,12,162/-

against the claim of the petitioner for `19,67,196/-.

3. The 1st respondent-insurer however refused to

honour the claim on the ground that in the insurance policy

at Clause 6 Block Details, the location of the insured

premises was shown as 'Iribnam, Ernakulam KL 1133,

Irimpanam KL, Kerala, India 682 309'. The Standing WP(C)No.1262/2020

Counsel for the 1st respondent would contend that it is a

premise located at Irimpanam and the insurer is not bound

to settle a claim in respect of damage occurred in a building

of the petitioner at Kalamassery.

4. I have gone through the pleadings in the writ

petition and heard the learned counsel for the petitioner and

the 1st respondent.

5. Evidently, Ext.P7 insurance policy was taken at

the instance of the Divisional Office of the 2 nd respondent

bank. The intention was to cover the industrial unit of the

petitioner, which the petitioner would state, situated at

Kalamassery. The address at Irumpanam in clause 6 of

insurance policy therefore can only be a mistake. However,

this Court in exercise of Article 226 of the Constitution of

India cannot adjudicate private contractual claims where

there are disputed questions on fact.

6. The learned Standing Counsel on the other hand

would submit that the petitioner can very well approach the WP(C)No.1262/2020

Insurance Ombudsman for redressal of his grievances.

In the circumstances, the writ petition is disposed of

permitting the petitioner to approach the Insurance

Ombudsman. If the petitioner approaches the Insurance

Ombudsman, this Court is sure that the Ombudsman will

consider the grievances of the petitioner and pass

appropriate orders in accordance with law.

Sd/-

N. NAGARESH JUDGE ncd WP(C)No.1262/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF UDYOG AADHAAR CERTIFICATE ISSUED BY MINISTRY OF MICRO SMALL & MEDIUM ENTERPRISES TO PETITIONER'S ENTERPRISE IMPULSE FURNITURE

EXHIBIT P2 A TRUE COPY OF LICENSE ISSUED BY KALAMASSERY MUNICIPALITY TO PETITIONER'S ENTERPRISE UNDER KERALA MUNICIPALITY ACT

EXHIBIT P3 A TRUE COPY OF GST REGISTRATION CERTIFICATE ISSUED TO PETITIONER'S ENTERPRISE BEARING REGISTRATION NUMBER 32AIDPA5581H1ZM

EXHIBIT P4 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF KERALA AS RULE 17(14) OF KERALA VALUE ADDED TAX RULES, 2005.

EXHIBIT P5 TRUE COPY OF LICENSE FEE FOR ADVANCE COLLECTION OF REVENUES FOR THE PERIOD 2015- 16 BY KALAMASSERY MUNICIPALITY

EXHIBIT P6 TRUE COPY OF LETTER ISSUED BY PETITIONER TO 1ST RESPONDENT DATED 04-05-2018

EXHIBIT P7 A TRUE COPY OF THE STANDARD FIRE AND SPECIAL PERILS POLICY ISSUED BY THE NEW INDIA ASSURANCE CO. LTD

EXHIBIT P8 A TRUE COPY OF THE REPLY ISSUED BY 1ST RESPONDENT TO PETITIONER DATED 26/09/2019

EXHIBIT P9 TRUE COPY OF SURVEY REPORT SUBMITTED BY SURVEYOR APPOINTED BY 1ST RESPONDENT DATED 24-07-2019

EXHIBIT P10 TRUE COPY OF PHOTOGRAPHS OF PETITONER'S ESTABLISHMENT TO SHOW DAMAGES SUSTAINED ON FLOOD