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2026 Supreme(Online)(Ker) 21017

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
RADHA – Appellant
Versus
THE INSURANCE OMBUDSMAN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MATHEW DEVASSI, SHRI.A.C.DEVASIA, SMT.ANCY MATHEW
For the Respondents: SHRI.VPK.PANICKER, SC, SHRI.LAL K. JOSEPH, SC

Table of Content
1. facts surrounding the traffic accident and subsequent death of the insured. (Para 2)

JUDGMENT

Dated this the 18th day of March, 2026 This writ petition is filed seeking the following reliefs:-

“ i. Issue a writ of certiorari and to quash Ext.P7 award passed by the respondent.

ii. Issue a writ of mandamus or any other appropriate writ order or order commanding the 1st respondent to reconsider the Ext.P6 complaint preferred by the petitioner.”

2. The petitioner is the wife of one Balachandran, who met with a road traffic accident on 02.01.2023 and succumbed to death. On the fateful day, while deceased Balachandran was riding an auto rickshaw bearing No.KL 33 L 5866, a car bearing No.KL 23 B 6677 came in a rash and negligent manner and dashed against the auto rickshaw, resulting in Balachandran sustaining fatal injuries. While undergoing treatment in the Medical College Hospital, Kottayam, Balachandran breathed his last, on 20.01.2023. According to Ext.P2, post mortem certificate, death of deceased Balachandran was due to injuries sustained in chest and its complications. The auto rickshaw driven by deceased Balachandran at the relevant time, was having Ext.P3, a valid

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