M/S. Gratia Builders & Developers (P) ... vs The National Insurance Company
2024 Latest Caselaw 12355 Ker

Kerala High Court

M/S. Gratia Builders & Developers (P) ... vs The National Insurance Company on 20 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                      WP(C) NO. 40768 OF 2016
PETITIONER:

         M/S. GRATIA BUILDERS & DEVELOPERS (P) LTD.
         ANGADI P.O., RANNI PATHANAMTHITTA, REPRESENTED BY
         ITS MANAGING DIRECTOR, ABRAHAM K.THOMAS.

         BY ADVS.
         SRI.PHILIP J.VETTICKATTU
         SRI.VINEETH KURIAKOSE



RESPONDENTS:

    1    THE NATIONAL INSURANCE COMPANY
         BRANCH OFFICE AT MYDHILY MANDIRAM, JANATA
         JUNCTION, PALARIVATTOM, KOCHI - 682 025,
         REPRESENTED BY ITS BRANCH MANAGER.

    2    THE NATIONAL INSURANCE COMPANY LIMITED
         ITS REGISTERED OFFICE AT 3 MIDDLETON STREET,
         P.B.NO.9229, KOLKATTA - 700 071, REPRESENTED BY
         ITS GENERAL MANAGER.

    3    MS.AUTOBAHN TRUCKING CORPORATION PVT. LTD
         (BHARAT BENZ AUTHORIZED DEALER), NEAR BPCL PUMP,
         LAL BAGH ESTATE, 16TH MILESTONE, MELE THONNAKKAL
         P.O., TRIVANDRUM - 695 317, REPRESENTED BY THE
         MANAGER.

         ADV. M.A. GEROGE R1 & R2

         SRI.VENUGOPA V - GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.40768/2016                   2



                            JUDGMENT

The learned counsel for the petitioner submits that the writ

petition has become infructuous.

Accordingly, the writ petition is dismissed as infructuous.

sd/-

GOPINATH P. JUDGE acd

APPENDIX OF WP(C) 40768/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE TRANSPORT AUTHORITY.

EXHIBIT P1(A) TRUE COPY OF GOODS CARRIAGE PERMIT ISSUED IN RESPECT OF THE PETITIONER'S VEHICLE.

EXHIBIT P2 TRUE COPY OF CERTIFICATE OF INSURANCE CUM POLICY ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER ISSUED BY THE DEALER DEMANDING ADVANCE PAYMENT THROUGH EMAIL.

EXHIBIT P4 TRUE COPY OF LETTER DATED 14/06/2016 ISSUED BY THE DEALER TO THE SURVEYOR FORWARDING THE ADDITIONAL ESTIMATE.

EXHIBIT P5 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE INSURANCE OMBUDSMAN.

EXHIBIT P6 TRUE COPY OF FINAL INVOICE DATED 30/09/2016 FOR AN AMOUNT OF RS.7,29,367/-.

EXHIBIT P7 TRUE COPY OF LETTER DATED 31/10/2016 ISSUED BY THE DEALER STATING THE ACCOUNT OF REPAIR CHARGES.