The Lic Of India vs Dr.Heera Banu
2021 Latest Caselaw 14513 Ker

WA No.530/2021                             1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                   THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                       THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
              Tuesday, the 13th day of July 2021 / 22nd Ashadha, 1943
                                 WA NO. 530 OF 2021
        Against Judgment dated 2.2.2021 in WP(C) 25559/2019 of this Court.
   APPELLANTS/PETITIONERS:

      1. THE LIC OF INDIA, DIVISIONAL OFFICE, KOZHIKODE, REPRESENTED BY
         SENIOR DIVISIONAL MANAGER,PIN-673 001
      2. LIC OF INDIA, BRANCH OFFICE, PERINTHALMANNA, REPRESENTED BY SENIOR
         BRANCH MANAGER, LIC OF INDIA, BRANCH OFFICE, KIDANGU ROAD,
         PERINTHALMANNA, PIN-679 322.

            BY ADV.SRI. S.EASWARAN

   RESPONDENT/RESPONDENT:

          DR.HEERA BANU, AGED 72 YEARS, W/O. MUHAMMED BASHEER, 3/68-C,
          NEDUNGADI GARDENS, CHAKKPRATHKULAM, NADAKKAVU P.O., KOZHIKODE
          DISTRICT-673 011.

          BY ADV.SRI. R.LAKSHMI NARAYAN




        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum the High Court be pleased to
   stay the implementation and operation of the Judgment of the Learned
   Single Judge pending disposal of the Writ Appeal.
         This Writ Appeal coming on for orders on 13.07.2021, upon perusing
   the appeal memorandum, the court on the same day passed the following:-
 WA No.530/2021                                  2/3




                          S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
                      -------------------------------------------------------
                                     W.A Nos. 530 & 533 of 2021
                        ---------------------------------------------------------

                         Dated this the 13th day of July, 2021.

                                             ORDER

S. MANIKUMAR,CJ.

Being aggrieved by the common judgment dated 02.02.2021 in

W.P.(C) Nos. 25559 of 2019 and 14885 of 2018 affirming Exts. P7 and

P10 orders respectively passed by the Permanent Lok Adalat,

Kozhikode and directing the appellants to draw the amount covered by

those receipts deposited with the Permanent Lok Adalath, Kozhikode,

these appeals are filed.

2. On this day, when the matter came up for hearing, inviting

the attention of this Court to the prayers made in O.P (PL) No. 59 of

2018 and O.P (PL) No. 03/2017, Mr. S. Easwaran, learned Standing

Counsel for the appellant Corporation, submitted that the Corporation

is willing for refund of entire premiums paid together with interest at

the rate of 12% per annum compounding on yearly basis on the date

of maturity, in stead of making payment of Rs.8,37,500/- as claimed in

O.P. (PL) No.59/2018 to the respondents/writ petitioners on the date of

maturity i.e., on 23.11.2018.

3. For the said suggestion, Sri. R. Lakshmi Narayan, learned WA No.530/2021 3/3

counsel for the writ petitioners, submitted that the respondents being

aged and suffering from ailments, would be satisfied, if the appellant

Corporation refunds the entire premiums paid together with interest at

the rate of 12% per annum compounding on yearly basis on the date of

maturity.

4. In as much as both the parties are willing for a settlement and

seek for a direction to refund the entire premiums paid together with

interest at the rate of 12% per annum compounding on yearly basis on

maturity, we direct the appellants to file a statement as to the exact

amount to be paid to the respondents/writ petitioners.

5. Even though we place on record the oral submission of the

learned counsel for the respondents/writ petitioners, with abundant

caution, we direct the respondents to file separate affidavits accepting

the refund of entire premium, as stated supra.

Post the matter on 22.07.2021.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

13-07-2021 /True Copy/ Assistant Registrar