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2022 Supreme(Ker) 722

SHAJI P. CHALY
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: RAJAN P. KALIYATH.
For the Respondents: JOBY JOSEPH, AJAYA KUMAR G.

JUDGMENT :

SHAJI P. CHALY, J.

1. The writ petition is filed by the National Insurance Company challenging Exhibit P9 award dated 03.01.2012 passed by the Insurance Ombudsman, Kochi in complaint No. IO/KCH/GI/11-003-986/2010-11 under the provisions of the Redressal of Public Grievances Rules, 1998, by which the Ombudsman allowed the complaint and directed the petitioner insurance company to pay an amount of Rs. 7,00,000/- to the 4th respondent, wife of the deceased/insured, within 15 days of receipt of the acceptance letter and failing which to pay 9% interest from the date of filing of the complaint i.e. 17.03.2011 till payment.

2. Brief material facts for the disposal of the writ petition are as follows:

    The 4th respondent’s husband, namely one K.S. Shibu, who was employed as a Lascar in the Irrigation Department of the Government of Kerala, died on 19.05.2009 in an accident involving a motorcycle ridden by him and a tourist bus. The deceased was covered under Exhibit P1 personal accident Group policy, and therefore, according to the 4th respondent, she is entitled to the death benefit under the policy. But, despite the claim raised before the petitioner company, the same was rejected

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