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2022 Supreme(Online)(KER) 52176

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
PUTHEN MODERN RICE MILL – Respondent


Advocates:
SRI. THOMAS M. JACOB, SRI. RAMESH BABU

JUDGMENT

S. Manikumar, CJ The captioned appeal is filed by M/s. Bajaj Allianz General Insurance Company Limited, a company incorporated under the Companies Act, 1956, challenging the judgment dated 5.3.2021 in W.P.(C) No.27441 of 2015, by which the learned single Judge, after considering the submissions, statutory rules, and the decisions relied on by the writ petitioner/1st respondent, allowed the writ petition and set aside Exhibit-P10 award passed by the Insurance Ombudsman dated 14.07.2015, on the ground that as per the decision of a Hon'ble Division Bench of this Court in National Insurance Co. Ltd. and Others v. Indus Motors Co. Pvt. Ltd. and Another [ 2005 (4) KLT 391 ], a partnership firm will not fall within the ambit of the term “any person” as contained in Rule 13, and hence, a complaint by a partnership firm is not maintainable under the Redressal of Public Grievances Rules, 1998 , before the Insurance Ombudsman.

2. The review petition is filed by respondent No.1, seeking to review an order passed in the appeal directing to make an interim payment, which would be dealt with separately hereafter.

3. Contentions raised in the appeal are, appellant is a partnership firm, whic

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