Ance O.Reji vs. The Divisional Manager
Held
The High Court acknowledged the likely mistake in the policy's address but declined to adjudicate the private contractual claim due to disputed facts, stating it cannot do so under Article 226. The Court permitted the petitioner to approach the Insurance Ombudsman for redressal of grievances.
Facts
The petitioner's industrial unit suffered flood damage, leading to an insurance claim. The insurer, New India Assurance Co. Ltd., denied the claim citing a discrepancy in the insured premises' location in the policy (Irimpanam vs. Kalamassery), despite the petitioner contending it was a mistake.
Key Issues
Can the High Court, under Article 226, adjudicate a private contractual insurance claim involving disputed facts regarding the insured premises' location, and what is the appropriate forum for such a dispute?
Sections Cited
Article 226
AI-generated summary — verify with the full judgment below
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
The judgment continues below.
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