IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 2854 of 2004(M) ------------------------------------- PETITIONER: ------------------- USHA M. MENON, MAYUR, XXIX/12, NEL TOC.H. ROAD, JANATHA, KOCHI-682 019. BY ADV. SRI.A.K.ALEX, ADV. SRI.P.VIJAYARAGHAVAN. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP. BY THE HOME SECRETARY, HOME DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI. 2. HIGH COMMISSIONER OF SINGAPORE CHAREY E-6, CHANDRAGUPTHA MARG, CHANKYA PURI, NEW DELHI-110 021. 3. M/S. ASSURANCE FOREIGNERS GARD P.O. BOX NO.1563, MYRENS, 480/A RENDAL, NORWAY. 4. DIRECTOR, M/S. SINGA SHIP MANAGEMENT (INDIA) LTD., 135, MITTAL TOWERS 'C' WING, NARIMAN POINT, MUMBAI-400 021. 5. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. MOHAMMED ANZAR .K.J, ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G, SRI.V.J.MATHEW , SRI.P.P.RAJESH , SRI.ASHLY ANTONY , SRI.BIJISH B.TOM, SMT.BABY SONIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2854/2004-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SPECIMEN AGREEMENT WITH SINGA SHIP MANAGEMENT PTE LTD., BY PETITIONER'S HUSBAND DTD. NIL. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY DR. PHILIP DUBIN LAQUINTINE HOSPITAL DTD. 24/08/2001. EXT.P.3: COPY OF THE LETTER ISSUED BY MARITIME UNION OF INDIA DTD. 05/07/90. EXT.P.4: COPY OF THE LETTER SENT BY R.3. DTD. 18/07/95. EXT.P.5: COPY OF THE LETTER SENT BY THE R.3. SINGA SHIP MANAGEMENT PTE LTD DTD. 09/01/93. EXT.P.6: COPY OF THE NOTICE DTD. 10/01/98. EXT.P.7: COPY OF THE LAWYER NOTICE DTD. 09/01/02. EXT.P.8: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE R.5. DTD. 09/09/03. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.2854 of 2004 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 3 and 4 to consider and dispose of Ext.P6. (ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 4 to consider and dispose of Ext.P7. (iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 5th respondent to consider and dispose of Ext.P8.” The prayer is essentially for compensation as per the accident insurance policy. The stand taken on the counter affidavit filed by the third respondent is that the death of the petitioner's husband is natural death and it is not covered by the Insurance policy. In view of the disputed facts, the remedy open to the petitioner is to approach the civil court. Without prejudice to the liberty to the petitioner to move the civil court, and making it clear that in the event of such a remedy being pursued, the time taken for prosecuting the writ petition shall stand excluded while computing the period of limitation, this writ petition is dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2854 of 2004 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.