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2022 Supreme(Kar) 402

M. NAGAPRASANNA
Jaya Elizabeth Mathew W/O Mr. Preneesh Ommen – Appellant
Versus
Insurance Ombudsman For The State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Apoorv Khator, Advocate For Sri Parashuram A.L., Advocate
For the Respondent:Sri S.Krishna Kishore, Advocate

ORDER :

The petitioners are before this Court calling in question order dated 29-03-2021 passed by the 1st respondent/Insurance Ombudsman declining to accept the insurance claim of the petitioners, sought quashment of letter of repudiation dated 14-12-2020 issued by the 2nd respondent/Insurance Company and a consequential direction of issuance of a writ in the nature of mandamus directing release of an amount of Rs.28,43,684 being the Insurance claim of the petitioners.

2. Heard Sri Apoorv Khator, learned counsel for the petitioners and Sri S.Krishna Kishore, learned counsel for the 2nd respondent.

3. Shorn of unnecessary details, facts in brief, as borne out from the pleadings, are as follows:-

The petitioners are wife and husband respectively. 1st respondent is the Insurance Ombudsman and the 2nd respondent is the insurer/HDFC Ergo General Insurance Company (‘the Company’ for short). The petitioners having a desire of building a house opted for home loan through the 2nd respondent/Company. The loan came with “Home Suraksha Plus’ dated 29-04-2017 and was to be for a period of 5 ye

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