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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.
Star Health And Allied Insurance Company Limited – Appellant
Versus
Balakrishnan K.M, S/O Raman – Respondent
| Table of Content |
|---|
| 1. claims process in insurance policies. (Para 1 , 2 , 3) |
| 2. petitioners argue procedural errors. (Para 4 , 5) |
| 3. court's affirmation of the adalat's findings. (Para 6 , 7 , 8) |
| 4. jurisdiction and principles under article 226. (Para 9 , 10 , 12 , 13) |
| 5. court dismisses the writ petition. (Para 14) |
JUDGMENT :
Ziyad Rahman A.A., J.
This writ petition is submitted by a company engaged in the business of general insurance, challenging the award passed by the Lok Adalat for Public Utility Services, Kozhikode in O.P.No.95/2024. Ext.P6 is the said award, which was passed on the original petition submitted by the 1st respondent herein, being aggrieved by the non-consideration of his claim based on an Accident Care individual insurance policy, which was valid for the period from 06.07.2020 to 05.07.2021. The cause of action for submitting the claim was that, the 1st respondent, who was a toddy tapper, sustained serious injuries on 28.05.2021, when he fell down while tapping toddy from a coconut tree. He sustained injuries on his spinal cord, ribs, head and shoulder, and underwent treatment at Malabar Medical College, Government Medical College, Kozhikode etc., and consequently he b
An insurer cannot reject a valid claim based on procedural delays; the rights of the insured must be upheld in cases of serious injury, reflecting the principles of equity and justice.
There is nothing wrong in deciding the matter based on evidence adduced in the earlier round of litigation
Permanent Lok Adalat has jurisdiction to adjudicate compensation claims under the Motor Vehicles Act after conciliation efforts fail, affirming its authority and established processes.
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
Point of Law : Plea of limitation taken up in the present case on the strength of clause 20 of the agreement read with Article 44 of the Schedule appended to the Limitation Act, would not defeat the ....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
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