IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
PRAMEELA DEVI – Appellant
Versus
STATE BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. factual outline of loan and insurance claims. (Para 2) |
| 2. arguments presented by the bank regarding loan insurance. (Para 4 , 5 , 6 , 7) |
| 3. court's reasoning regarding appeal jurisdiction. (Para 8 , 9 , 13) |
| 4. contentions regarding the insurance application procedure. (Para 10 , 11 , 12) |
| 5. ratio decidendi concerning insurance coverage and premium payment. (Para 15 , 16 , 19 , 20) |
JUDGMENT
The petitioners in W.P.(C)No.9933 of 2024 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958, challenging the judgment dated 11.06.2025 passed by the learned Single Judge in that writ petition.
2.1. The appellants plead that C.Radhakrishanan Nair was paying the EMIs regularly at the rate of Rs.50,000/- instead of Rs.48,737/-. Due to serious illness, C.Radhakrishnan Nair defaulted the EMIs from September 2021 onwards, and he died on 05.01.2022 after a prolonged treatment. After the death of C.Radhakrishnan Nair, the appellants informed the Bank about the sad demise of C.Radhakrishnan Nair and requested to make available the benefit of Suraksha Insurance and close the loan transaction as per the terms of the insurance. But the 1st appellant received Ext.P4 com
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