Medona vs The Commissioner
2023 Latest Caselaw 2908 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                      WP(C) NO. 7463 OF 2023
PETITIONER:

            MEDONA
            AGED 53 YEARS,
            W/O.LATE SIMON
            RESIDING AT AZHAMKAL PURAYIDOM,
            PUTHIYATHURA P.O.,
            THIRUVANANTHAPURAM.,
            PIN - 695526
            BY ADV N.SASIDHARAN UNNITHAN
RESPONDENTS:

    1       THE COMMISSIONER
            KERALA FISHERMENS WELFARE FUND BOARD
            POONKUNNAM, THRISSUR,
            PIN - 680002

    2       THE REGIONAL EXECUTIVE
            KERALA FISHERMEN WELFARE FUND BOARD,
            REGIONAL OFFICE,
            M P APPAN ROAD,
            VAZHUTHACAUD,
            THIRUVANANTHAPURAM,
            PIN - 695014

    3       UNITED INDIA INSURANCE COMPANY LTD.,
            REPRESENTED BY THE DIVISIONAL MANAGER,
            DIVISIONAL OFFICE,
            TRISSUR TRADE CENTRE,
            KURUPPAM ROAD,
            TRISSUR,
            PIN - 680 001

            R1 & R2 BY SMT.BINDUMOL JOSEPH,SC
            R3 BY SRI.P.K.MANOJKUMAR,SC
            BY ADV. SRI.ASHOK M. CHERIYAN


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   13.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 7463 of 2023               2




                                JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs:-

"i) To issue a writ of mandamus or any other writ or direction directing the 1st respondent to process Exhibit P8 application of the petitioner and forward the same to the 3rd respondent for necessary action.

ii) To issue a writ if mandamus or any other writ or direction directing the 3rd respondent to take appropriate decision Exhibit P8 application of the petitioner immediately on receipt of the same from the 1st respondent, in accordance with law, under intimation to the petitioner.

iii) Dispense with filing of the translation of vernacular documents produced in this writ petition."

2. Petitioner is the wife of one Simon, a fisherman

and a member of the Fishermen's Welfare Fund, who

allegedly suffered heart attack during fishing operations on

14.07.2017 and died at the hospital on the next day i.e., on

15.07.2017. According to the petitioner, the deceased was

a member of the Fishermen's Welfare Fund established by

the Government of Kerala and a beneficiary of the Group

Insurance Scheme implemented by the first respondent

through the third respondent Insurance Company i.e.,

M/s. United India Insurance Co., Ltd., Kuruppam Road,

Thrissur. The case projected by the petitioner is that the

death of her husband is covered under Exts.P4, P5 and P6

scheme and that as such petitioner is entitled to get

insurance benefits of Rs.5,00,000/-payable by the third

respondent. It is submitted that the petitioner has

submitted Ext.P8 application seeking benefits to the first

respondent along with Ext.P2 FIR, Ext.P3 Post-Mortem

Certificate and all other documents. But the same is not

processed so far. It is further pointed out by learned

counsel for the petitioner that the postal registration receipt

dated 02.04.2022 clearly establishes that Ext.P8 was sent.

3. I have heard learned counsel for the petitioner,

Sri. N. Sasidharan Unnithan and learned Standing Counsel

Smt. Bindumol Joseph for the first and second respondents

and Sri. P.K. Manoj Kumar for the third respondent

respectively.

4. Learned counsel for the first respondent

submitted that Ext.P8 is not yet received by the first

respondent. However, learned counsel for the petitioner

submitted that it is quite clear and evident from the postal

registration receipt attached along with Ext.P8 that the said

letter was forwarded to the first respondent. Anyhow, the

petitioner has not produced the postal acknowledgment

card, therefore, I am unable to decide on the question.

Anyhow, it is for the first respondent to consider whether

Ext.P8 application allegedly submitted by the petitioner is

received and take a decision on the same. It is for the

petitioner also to submit an application in the format

prescribed under the scheme.

5. Learned Standing counsel for the third

respondent also submitted that the incident was not

intimated within the time period prescribed under the

scheme and therefore, the petitioner is not entitled to get

any relief as are sought for in the writ petition.

6. Having evaluated the submissions made across

the bar, in my considered opinion since Ext.P8 is said to be

pending before the first respondent, it is only for the first

respondent to take a decision on the same, if it is received.

Petitioner is granted liberty to submit an application in the

format within ten days from the date of receipt of a copy of

this judgment. If the applications are received, a decision

shall be taken by the first respondent in respect of the

eligibility of the petitioner for the insurance, at the earliest,

at any rate, within three weeks from the date of receipt of

the application in the format as directed above, after

providing a notice of hearing to the petitioner.

Sd/-

SHAJI P. CHALY JUDGE DCS/13.03.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE 1ST PAGE OF THE PASS BOOK ISSUED TO THE PETITIONER'S HUSBAND FROM THE BOARD

EXHIBIT-P2 TRUE COPY OF THE FIR NO.0812/2017 OF KANJIRAMKULAM POLICE STATION.

EXHIBIT-P3 TRUE COPY OF THE POST-MORTEM CERTIFICATE DATED 16/7/2017 ISSUED FROM THE MEDICIAL COLLEGE, THIRUVANANTHAPURAM

EXHIBIT-P4 TRUE COPY OF THE GOVERNMENT ORDER GO(RT))NO.754/09/F&PD DATED 4/12/2009

EXHIBIT-P5 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.1016/13/F&PD DATED 12/12/2013

EXHIBIT-P6 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.899/2016/F&PD DATED 16/12/2016

EXHIBIT-P7 TRUE COPY OF THE APPLICATION DATED 1/6/2020 OF THE PETITIONER SENT TO THE 2ND RESPONDENT

EXHIBIT-P8 TRUE COPY OF THE APPLICATION DATED 2/4/2022 OF THE PETITIONER SENT TO THE 1ST RESPONDENT