Kerala High Court
Jussae Shammy vs The Managing Director on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 37092 OF 2024
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2024:KER:78472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 37092 OF 2024
PETITIONER/S:
JUSSAE SHAMMY, AGED 19 YEARS
S/O QUENO SHAMMY, KOIKKARA HOUSE, CMC-23, KOIKKARA RAILWAY
CROSS ROAD, CHERTHALA NORTH, ALAPPUZHA DISTRICT, PIN - 688524
BY ADV SONNYMON K. MATHEW
RESPONDENT/S:
1 THE MANAGING DIRECTOR
THE NEW INDIA ASSURANCE COMPANY LTD., NEW INDIA ASSURANCE
BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI, PIN - 400001
2 THE MANAGING DIRECTOR, HEINZ MOTORS LLP, 9/2868, NEXT TO PRESTIGE
HILLSIDE, INFOPARK ROAD, KAKKANAD, KOCHI, PIN - 682030
3 REGIONAL TRANSPORT OFFICER (RTO), REGIONAL TRANSPORT OFFICE,
KAKKANAD, CIVIL STATION, ERNAKULAM, PIN - 682030
4 THE STATION HOUSE OFFICER
KUTHIYATHODE POLICE STATION, CHERTHALA, ALAPPUZHA, PIN - 688533
SRI. SREEJITH V.S.-GP, SRI.LAL K. JOSEPH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the
following reliefs:
"I. Issue a writ in mandamus or any such other appropriate writ,
order or direction to the 1strespondent to expeditiously allow the
maximum claim amount of Rs.7,50,000/- (Rupees Seven Lakhs and
Fifty Thousand Only) to the deemed to be insured, the petitioner.
II. To impose a hefty fine of Rs. 10,000,00/- (Rupees Ten Lakh Only)
to the 1st respondent for its negligent act of wrongly record the
name of insurer in the active Policy Certificate and undue delay
and negligence to render proper service to the petitioner and give
that fine amount to the petitioner as compensation to meet out his
mental stress and agony have been suffered so far along with
compelled him to initiate legal remedy and its expenses.
III. Issue such other writ, direction or order as the Honourable
Court may deem fit and proper on the facts and circumstances of
the case."
2. If the petitioner is aggrieved by the repudiation of his
insurance claim, the remedy is not a writ petition, but he may
WP(C) NO. 37092 OF 2024
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approach the Consumer Disputes Redressal Forum or the
Insurance Ombudsman, as he may be advised.
Therefore, the writ petition is dismissed with liberty to the
petitioner to take recourse to any other remedy as may be
available to the petitioner in accordance with the law.
Sd/-
D. K. SINGH
JUDGE
jjj
WP(C) NO. 37092 OF 2024
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APPENDIX OF WP(C) 37092/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DRIVING LICENCE OF THE PETITIONER ISSUED
BY THE SRTO, CHERTHALA, ON 19/06/2023
Exhibit P2 TRUE COPY OF THE SALE AGREEMENT IN BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT ON 11/06/2024
Exhibit P3 TRUE COPY OF THE VEHICLE PARTICULARS ISSUED BY THE 3RD
RESPONDENT IN WHICH THE TRANSFER DATE WAS ENTERED AS
13/06/2024 IS
Exhibit P4 TRUE COPY OF THE POLICY SCHEDULE CUM CERTIFICATE OF
INSURANCE ISSUED BY THE 1ST RESPONDENT ON 14/06/2023
Exhibit P5 TRUE COPY OF THE POLICY SCHEDULE CUM CERTIFICATE OF
INSURANCE ISSUED BY THE 1ST RESPONDENT ON 15/06/2024
Exhibit P6 TRUE COPY OF THE ABSTRACT OF GENERAL DIARY NO.28-
22/07/2024 WAS PREPARED FOR ACCIDENT/ INCIDENTS ON
22/07/2024 ISSUED BY THE 4TH RESPONDENT WITH ENGLISH
TRANSLATIONS
Exhibit P7 THE PHOTO OF THE CRASHED VEHICLE BEARING WITH ITS
REGISTRATION NUMBER KL-07- CN 8885
Exhibit P8 TRUE COPY OF ESTIMATE OF DAMAGE AND LOSS WAS VALUED BY
THE AUTHORIZED EMPANELLED WORKSHOP OF THE 1ST
RESPONDENT, M/S EVM MOTORS & VEHICLE INDIA (P) LTD-
COCHIN DATED NIL
Exhibit P9 TRUE COPY OF FORMAL LETTER SENT BY THE PETITIONER
THROUGH E-MAIL REGARDING THE COMPENSATION FOR THE
INSURED VEHICLE DATED 25.07.2024
Exhibit P10 THE COPY OF CLAIM REFUSAL LETTER SENT BY THE 1ST
RESPONDENT ON 26/08/2024 REGARDING THE COMPENSATION
FOR THE VEHICLE
