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2025 Supreme(Online)(KER) 9052

HIGH COURT OF KERALA
HARISANKAR V. MENON, J
UDAY S FERNANDES – Appellant
Versus
UNITED INDIA INSURANCE COMPANY LTD. – Respondent


Advocates:
For the Appellants/Petitioners: R.RAJESH
For the Respondents: P.K.MANOJKUMAR

Table of Content
1. petitioner seeking insurance claim post-father's demise. (Para 1 , 2)
2. delay in applying for policy transfer acknowledged. (Para 4 , 5)
3. court confirms duty to transfer insurance. (Para 6 , 7)
4. writ petition dismissed for lack of merit. (Para 8)

JUDGMENT

The petitioner, the legal heir of Sri.Victor Olav Fernandes, who is stated to have passed away on 09.05.2019, is before this Court, seeking appropriate directions to the respondent herein to honour an Insurance claim lodged by him, which stood rejected by Ext.P9.

2. As already noticed, the petitioner’s father passed away on 09.05.2019. The petitioner’s father was the registered owner of a Motor Car having registration No.KL 02 BE 955. The petitioner states that he sought for transfer of registration under the provisions of the Motor Vehicles Act , on 13.09.2019 and the same was rejected on 08.11.2019, for want of an appropriate NOC from the finance Company. In the mean time, on 23.10.2019, the vehicle met with an accident and the petitioner lodged a claim with the respondent relying on the policy, which was in the name of the deceased father. By Ext.P9, the respondent sought to deny the claim, stating that it wa

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