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2024 Supreme(Ker) 640

GOPINATH P.
National Insurance Company Ltd. , Represented By The Dy. Manager – Appellant
Versus
State Of Kerala, Rerpesented By The Chief Secretary, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Sri. Rajan P. Kaliyath, Smt. Frinda Paily.
For the Respondents: Sri. Venugopal V.(GP)

JUDGMENT :

The petitioner is a Public Sector Insurance Company. This writ petition is filed challenging Ext.P8 Award of the Permanent Lok Adalat at Thiruvananthapuram for Public Utility Services, finding that the petitioner is liable to compensate the petitioners before the Lok Adalat (respondent Nos.4 to 7 herein) under a Group Personal Accident Insurance coverage extended by the petitioner Company to the State Government Employees and Teachers.

2. The claim arose on account of the death of one Udayakumar, who died as result of an accident while riding a motor bike. The deceased Udayakumar was at the relevant time serving the Kerala Police as Assistant Sub Inspector. The petitioner-Company had repudiated the claim on the ground that the deceased was, at the time of the accident, riding the vehicle under the influence of alcohol. The party respondents herein approached the Permanent Lok Adalath, Thiruvananthapuram and the Permanent Lok Adalat, by Ext.P8 Award, has found that the petitioner is liable to pay the amounts due under the policy in question.

3. Learned counsel appearing for the petitioner would submit that Ext.P8 Award of the Permanent Lok Adalat is legally unsustainable.

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