Ance O.Reji vs. The Divisional Manager
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF JANUARY 2021/5TH MAGHA, 1942 WP(C).No.1262 OF 2020(G) PETITIONER: ANCE O.REJI, AGED 38 YEARS, S/O. REJI POULOSE, PONNAL HOUSE, VETTICKAL P.O., THIRUVANIYOOR, PUTHENCRUZ, ERNAKULAM - 682 314. BY ADVS. SRI.V.JOHN MANI SHRI.S.JAYANT SHRI.VARGHESE SABU SMT.MANJU ELSA ISAC RESPONDENTS: 1 THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., OPPOSITE MUNICIPAL BUS STAND, THRIPUNITHURA, ERANKULAM - 682 301. 2 THE MANAGER, CANARA BANK, THRIPUNITHURA BRANCH, THRIPUNITHURA, ERNAKULAM 682 301. 3 THE MANAGER, CANARA BANK, REGIONAL OFFICE, SPENCER JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA, 695 001. R1 BY ADV. SRI.A.A.ZIYAD RAHMAN R1 BY ADV. SRI.LAL K.JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.1262/2020 2 JUDGMENT Dated this the 25th day of January, 2021 The petitioner has aggrieved by non payment of insurance coverage, in respect of his industrial unit.
The petitioner would contend that he availed credit facilities/loans from respondents 2 and 3 in respect of his industrial unit at 32/33D/, Khadher Haji, South Kalamassery, Industrial Estate, Kalamassery. During the floods, substantial damage was caused to the stock of the petitioner. At the instance of the petitioner, an Insurance Surveyor assessed the damage caused at `5,12,162/- against the claim of the petitioner for `19,67,196/-.
The 1st respondent-insurer however refused to honour the claim on the ground that in the insurance policy at Clause 6 Block Details, the location of the insured premises was shown as 'Iribnam, Ernakulam KL 1133, Irimpanam KL, Kerala, India 682 309'. The Standing
WP(C)No.1262/2020 3 Counsel for the 1st respondent would contend that it is a premise located at Irimpanam and the insurer is not bound to settle a claim in respect of damage occurred in a building of the petitioner at Kalamassery.
I have gone through the pleadings in the writ petition and heard the learned counsel for the petitioner and the 1st respondent.
Evidently, Ext.P7 insurance policy was taken at the instance of the Divisional Office of the 2nd respondent bank. The intention was to cover the industrial unit of the petitioner, which the petitioner would state, situated at Kalamassery. The address at Irumpanam in clause 6 of insurance policy therefore can only be a mistake. However, this Court in exercise of Article 226 of the Constitution of India cannot adjudicate private contractual claims where there are disputed questions on fact.
The learned Standing Counsel on the other hand would submit that the petitioner can very well approach the
WP(C)No.1262/2020 4 Insurance Ombudsman for redressal of his grievances. In the circumstances, the writ petition is disposed of permitting the petitioner to approach the Insurance Ombudsman. If the petitioner approaches the Insurance Ombudsman, this Court is sure that the Ombudsman will consider the grievances of the petitioner and pass appropriate orders in accordance with law. N. NAGARESH JUDGE ncd
WP(C)No.1262/2020 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF UDYOG AADHAAR CERTIFICATE ISSUED BY MINISTRY OF MICRO SMALL & MEDIUM ENTERPRISES TO PETITIONER'S ENTERPRISE IMPULSE FURNITURE EXHIBIT P2 AOF LICENSE ISSUED BY KALAMASSERY MUNICIPALITY TO PETITIONER'S ENTERPRISE UNDER KERALA MUNICIPALITY ACT 1994 EXHIBIT P3 AOF GST REGISTRATION CERTIFICATE ISSUED TO PETITIONER'S ENTERPRISE BEARING REGISTRATION NUMBER 32AIDPA5581H1ZM EXHIBIT P4OF CERTIFICATE OF REGISTRATION ISSUED BY COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF KERALA AS RULE 17(14) OF KERALA VALUE ADDED TAX RULES, 2005. EXHIBIT P5OF LICENSE FEE FOR ADVANCE COLLECTION OF REVENUES FOR THE PERIOD 2015- 16 BY KALAMASSERY MUNICIPALITY EXHIBIT P6OF LETTER ISSUED BY PETITIONER TO 1ST RESPONDENT DATED 04-05-2018 EXHIBIT P7 AOF THE STANDARD FIRE AND SPECIAL PERILS POLICY ISSUED BY THE NEW INDIA ASSURANCE CO. LTD EXHIBIT P8 AOF THE REPLY ISSUED BY 1ST RESPONDENT TO PETITIONER DATED 26/09/2019 EXHIBIT P9OF SURVEY REPORT SUBMITTED BY SURVEYOR APPOINTED BY 1ST RESPONDENT DATED 24-07-2019 EXHIBIT P10OF PHOTOGRAPHS OF PETITONER'S ESTABLISHMENT TO SHOW DAMAGES SUSTAINED ON FLOOD
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.