Malabar Regional Co-Operative ... vs National Insurance Company ...
2021 Latest Caselaw 19182 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                  WP(C) NO. 17240 OF 2021
PETITIONER:

          MALABAR REGIONAL CO-OPERATIVE MILK PRODUCER'S
          UNION LIMITED,
          PERINGOLAM, P.O.KUNNAMANGALAM,
          KOZHIKODE-673571,
          REPRESENTED BY ITS MANAGING DIRECTOR.


          BY ADVS.
          LINDONS C.DAVIS
          E.U.DHANYA


RESPONDENTS:

    1     NATIONAL INSURANCE COMPANY LIMITED
          HEAD OFFICE, 3, MIDDILETON STREET,
          PROFULLACHANDRASEN SARANI,
          KOLKATTA,
          WEST BENGAL-700071,
          REPRESENTED BY ITS GENERAL MANAGER.
    2     NATIONAL INSURANCE COMPANY LIMITED
          DIVISIONAL OFFICE-IV, NO.36,GROUND FLOOR,
          MUNIRATNAM,
          ORCHID RAILWAY STATION PARALLEL ROAD,
          NEHRU NAGAR, BANGLORE-560020.
    3     GRIEVANCE REDRESSAL OFFICER,
          (CHIEF REGIONAL MANAGER, BANGALORE REGIONAL
          OFFICE) NATIONAL INSURANCE COMPANY LTD.,
          DIVISIONAL OFFICE-IV, NO.36, GROUND FLOOR,
          MUNIRATNAM, ORCHID, RAILWAY STATION PARALLEL
          ROAD, NEHRU NAGAR, BANGLORE-560020.
    4     SECURUS INSURANCE BROKERS(INDIA) PVT.LTD,
          THOMSUN ANNEXE, ACHUTHA WARRIER LANE,
          M.G.ROAD,
 WP(C) NO. 17240 OF 2021        ..2..




          ERNAKULAM,KOCHI-682035,
          REPRESENTED BY ITS PRINCIPAL OFFICER.
          BY ADV.
          SRI.LAL GEORGE, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP    FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 17240 OF 2021              ..3..




                   W.P.(C)No.17240 of 2021
         -------------------------------------------------------
                          JUDGMENT

The grievance voiced by the petitioner in the writ

petition concerns the delay on the part of the second

respondent in taking a decision on Exts.P3 to P12 claim

applications preferred by the petitioner.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for respondents 1 to 3.

Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition

directing the competent authority among respondents 1 to 3 to

take a final decision on Exts.P3 to P12 claim applications

preferred by the petitioner within three months, after affording

the petitioner an opportunity of hearing. Ordered accordingly. It

is made clear that the hearing ordered in terms of this

judgment can be conducted through video conferencing as

well.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj WP(C) NO. 17240 OF 2021 ..4..

APPENDIX OF WP(C) 17240/2021

PETITIONER'S EXHIBITS Exhibit P1 A COPY OF THE INSURANCE POLICY NO.603900/42/16/10000135 WITH COVERAGE FOR THE PERIOD FROM THE PERIOD 01.11.2016 TO 31.10.2017.

Exhibit P2 A COPY OF INTIMATION OF BANK TRANSFER OF RS.54,16,710/- BY THE PETITIONER UNION ON 31.10.2016 TOWARDS INSURANCE PREMIUM.

Exhibit P3 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM OF SRI.P.C.BABY, DATED 01.04.2017.

Exhibit P4 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.DHARMARAJ, DATED 12.05.2017.

Exhibit P5 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.MOHANAN, DATED 06.06.2017.

Exhibit P6 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SMT.SEKHARAN.K, DATED 26.08.2017.

Exhibit P7 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SMT.SATHYABHAMA, DATED 23.08.2017.

Exhibit P8 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI .CHANDRAN, DATED 20.01.2018.

Exhibit P9 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.JACOB.P.V, DATED 20.01.2018.

Exhibit P10 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO RUGMINI DATED 06.02.2018.

Exhibit P11 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SMT.RAJAMMAL DATED 30.01.2018.

WP(C) NO. 17240 OF 2021 ..5..

Exhibit P12 A COPY OF THE PERSONAL ACCIDENT CLAIM FORM, WITH RESPECT TO SRI.ANTHONISWAMI, DATED 10.04.2018. Exhibit P13 A COPY OF THE REMINDER DATED 13.04.2018.

Exhibit P14 A COPY OF ANOTHER REMINDER DATED 26.11.2018.

Exhibit P15 A TRUE COPY OF THE REPLY DATED 22.01.2018 OF THE 4TH RESPONDENT. Exhibit P16 THE COPY OF RELEVANT PAGE NOTIFYING GRIEVANCE OFFICER IN THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT. Exhibit P17 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.P.C.BABY DATED 12/07/2021.

Exhibit P18 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.DHARMARAJ DATED 12.07.2021.

Exhibit P19 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.MOHANAN DATED 12.07.2021.

Exhibit P20 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED TOWARDS DEATH CLAIM OF SRI.SEKHARAN.K. DATED 12.07.2021. Exhibit P21 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SMT.SATHYABHAMA DATED 12.07.2021.

Exhibit P22 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.CHANDRAN .A DATED 12.07.2021.

Exhibit P23 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS PERMANENT TOTAL DISABILITY CLAIM OF WP(C) NO. 17240 OF 2021 ..6..

SRI.JACOB.P.V, DATED 12.07.2021. Exhibit P24 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SMT.RUGMINI.P DATED 12.07.2021.

Exhibit P25 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SMT.RAJAMMA DATED 12.07.2021 Exhibit P26 A COPY OF THE GRIEVANCE/COMPLAINT SUBMITTED BY THE PETITIONER TOWARDS DEATH CLAIM OF SRI.ANTHONISWAMY DATED 12.07.2021.