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2012 Supreme(Ker) 171

S.SIRI JAGAN
P. V. Suresh Palakkad District – Appellant
Versus
Insurance Ombudsman, Kochi – Respondent


Advocates appeared:
For the Petitioner:T.C. Suresh Menon, Sreekanth. K.R, Jibu P Thomas, Sunil J. Chakkalackal. Advocates.
For the Respondents:Lal George. Advocate.

Judgment

1. Aggrieved by the order of the Insurance Ombudsman rejecting the complaint against the repudiation of a claim under a life insurance policy in favour of his deceased wife, the petitioner has filed this writ petition seeking the following reliefs:

"(i) call for the records leading to the passing of Exts.P3 and P5 orders by the respondents and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;

(ii) issue a writ in the nature of mandamus directing the second respondent to honour the policy No.773896707 issued in favour of late Lalitha and disburse the amount due thereunder to the nominee, the petitioner herein.

(iii) declare that the reasons stated by the respondents to repudiate the claim put forward by the petitioner is highly unsustainable and vitiated by arbitrariness."

2. The petitioner's wife, Lalitha, took Ext. R2(a) insurance policy dated 28-2-2002, for ` 50,000/- from the 2nd respondent-Life Insurance Corporation of India. She died on account of cancer of the cervix on 9-9-2004. Before her death, she paid 10 quarterly premia amounting to ` 8860/- due on the policy. On the death of the life- assured, The petitioner pr





























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