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2024 Supreme(Online)(Ker) 59771

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, J
SREEDVI M. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: LINDONS C.DAVIS, E.U.DHANYA, SWATHY A.P
For the Respondents: SRI. RAJEEV JYOTHISH GEORGE

Table of Content
1. challenge to insurance exclusion clause. (Para 2 , 3 , 4)
2. arguments on validity and rationality of clause. (Para 5 , 6 , 7)
3. court's observations on evidence and clause interpretation. (Para 8 , 9 , 10 , 11)

JUDGMENT

Dated this the 6th day of February, 2024 This is the second writ petition filed by the petitioner, after having obtained a judgment earlier in W.P.(C).No.12693/2020.

2. The petitioner is stated to be the wife of late Vijayakumar, who unfortunately died of drowning, after having accidentally tripped into a well on 18.10.2018. The petitioner says that her husband was covered by a Group Personal Accident Insurance Scheme ('Scheme' for short), namely Ext.P9; and thus that she was entitled to compensation to the sum of Rs.10 lakhs, but that this was denied on the allegation that her husband, at the time of death, was under the influence of alcohol. She says that this was irrelevant because, what is important as per Ext.P9 policy was the verified cause of death, which, according to her, cannot be attributed to the influence of alcohol – assuming that her husband was under such at the relevant time.

3. The petitioner says that she, therefore, had approached

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