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2023 Supreme(Ker) 590

VIJU ABRAHAM
Jyothi Madhavan U. , W/o. Late Madhu Menon – Appellant
Versus
Insurance Ombudsman, Kochi, Kerala – Respondent


Advocates Appeared:
For the Petitioner: K.P. Sreekumar, R.P. Remesan, P.M. Satheesh.
For the Respondent: K.J. Saji Isaac, S. Ambily, Elizabeth Varkey, Jithin Saji Isaac, Micky Thomas, K.K. Chandran Pillai (SR.).

JUDGMENT :

The above writ petition is filed challenging Ext.P4 award passed by the 1st respondent and for a declaration that the 1st respondent has pecuniary jurisdiction to entertain and resolve all complaints relating to insurance policies issued by the insurance companies. The petitioner has also sought other consequential reliefs.

The averments in the writ petition are as follows:-

2. The petitioner's husband died on 11.04.2021 due to Covid. The petitioner's late husband availed a housing loan to the tune of Rs.1,73,00,000/- in November 2018 from the 4th respondent. In order to secure the aforesaid loan from the 4th respondent, the petitioner's late husband had taken two insurance policies apart from the immovable properties owned by him as security for the loan availed of by him. The two policies were taken by the petitioner's husband as insisted by the 4th respondent as a mandatory condition for granting the loan. For the sole purpose of insurance premium funding, the petitioner's late husband opened an account bearing No.637607046 with the 4th respondent. The two insurance policies were subscribed by the petitioner's late husband on 30.11.2018. The Policy bearing No.20910176 ha

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