C.R.

JUDGMENT

The petitioner, an insurance company, has filed the captioned writ petition, seeking to challenge the award dated 14.09.2022, passed by the Permanent Lok Adalat, Thiruvananthapuram in O.P. No.42 of 2021 (Ext.P7).

2. One Babu was found unconscious on the roadside, on 30.11.2020 and was taken to a hospital in an ambulance. He was also treated at the hospital when he was brought there. However, on 01.12.2020, he passed away. Ext.P5 is the post- mortem certificate dated 02.12.2020. Ext.P6 is the toxicology report with respect to a sample collected on 01.12.2020. In this toxicology report, it is stated that alcohol tested “positive” with respect to the sample taken as above. The deceased had an insurance policy. The legal heirs of the deceased raised a claim with the insurance company, on the basis of Ext.P1 insurance policy, pointing out that the deceased was riding a motorcycle bearing Reg. No. KL-20-D-5674, and while he was riding, he met with an accident and later passed away, and hence compensation requires to be awarded to them. The claim lodged by the legal heirs is produced along with the writ petition as Ext.P2. The petitioner company filed Ext.P3 written statement.