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2025 Supreme(Online)(KER) 11648

HIGH COURT OF KERALA
C.S. DIAS, J
HDFC ERGO GENERAL INSURANCE CO LTD – Appellant
Versus
AMBILY G – Respondent


Advocates:
K.J.SAJI ISAAC, ELIZABETH VARKEY, JITHIN SAJI ISAAC, ABHISHEK S. KUMAR, JOSHUA SEBASTIAN

JUDGMENT

Respondents 1 to 5 filed O.P.No.73/2023 before the Permanent Lok Adalat, Thiruvananthapuram ('Adalat', in short) under Section 22C of the Legal Services Authorities Act, 1987 , against the petitioner insurance company and the 6th respondent bank, to direct the petitioner to pay the home loan insurance amount to the 6th respondent. It was their case that the late Rajesh. R.(deceased) ― the husband of the 1st respondent, the father of respondents 2 to 4 and son of the 5th respondent ― had availed a housing loan from the 6th respondent. To secure the loan, the deceased had taken a home loan insurance from the petitioner. On 6.11.2022, the deceased lost his life due to a heart attack. However, the petitioner rejected the claim, stating that the deceased's illness was not covered under the policy. Aggrieved by the rejection of the claim, the respondents 1 to 5 filed the petition before the Adalat. By Ext.P6 Award, the Adalat allowed the petition, by directing the petitioner to pay the respondents 1 to 5 Rs.37,57,837/- with interest. Ext.P6 Award is erroneous and wrong. Hence, the writ petition.

2. Heard; the learned counsel for the petitioner.

3. The learned counsel for the peti

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