IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 1417 of 2007(R) --------------------------------- PETITIONER(S): ---------------------- V.S.BABU, S/O.VASU, T.C.35/858, VALLAKKADAVU, THIRUVANANTHAPURAM. BY ADVS. MR.SANTHAN V.NAIR MR.RAJESH PALAMATTAM MR.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENT(S): --------------- M/S.ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY REGIONAL MANAGER, METRO PALACE, OPPOSITE NORTH RAILWAY STATION, ERNAKULAM. BY ADVS. MR.MATHEWS JACOB, SENIOR ADVOCATE MR.P.JACOB MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1417 of 2007(R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - JUDGMENT DATED 12/12/2002 IN OP NO. 28415/2002 EXT.P2 - TP POLICY DT. 25/10/2006 EVIDENCING COLLECTION OF RS. 1485/- UNDER THE HEAD “ANY EXTRA LOADING”. EXT.P3 - THE JUDGMENT IN CCC NO. 1394/2006 DT. 15/11/2006. / TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 1417 of 2007 ................................................. Dated this the 28th day of July, 2009 J U D G M E N T Petitioner owns Tourist Taxi bearing No. KRV 4488 which is an Ambassador car, insured with the 1st respondent Company herein. In respect of demand for extra premium for renewal of the policy, the petitioner had filed O.P. No.28415 of 2002, which was disposed of along with a batch of writ petitions, by Ext.P1 dated 12.12.2002, wherein this court had held that extra loading of basic premium can only be on the basis of previous claim history of the policy involved. Despite that judgment, the 1st respondent did not refund the excess amounts collected from the petitioner by way of extra loading without any previous claim history. It is pursuant to two contempt of court petitions that ultimately the amounts were refunded. Petitioner wanted to renew the policy and approached the 1st respondent for the same. The respondent collected Rs.1476/- under the head “Any extra loading” which according to the petitioner is against the findings in Ext.P1 judgment. When the petitioner filed another W.P(C) No. 1417 of 2007 -2- contempt case, the petitioner was relegated to the remedy of filing another writ petition challenging the collection of additional premium. It is under the said circumstances, the petitioner has filed this writ petition seeking the following reliefs: “1. A writ of mandamus or any other appropriate writ, direction or order directing the respondent to refund all the money collected in excess from the petitioner by way of premium. 2. A declaration that the petitioner is eligible to get cost of all the proceedings before this court.” 2. The learned counsel for the 1st respondent company submits that the collection of the extra premium was on account of a mistake and realising this mistake under cover of letter dated 30.10.2006, a cheque for Rs.1667/-, being the excess premium collected along with a discharge voucher and a self addressed envelope was forwarded to petitioner, which was returned with the postal endorsement that the addressee refused to accept the same. Another Cheque No.168226 dated 1.11.2006 for Rs.1667/- towards refund of excess premium along with a discharge voucher was again sent to the petitioner under cover of another letter dated 23.11.2006, which also was returned with the postal endorsement 'refused'. W.P(C) No. 1417 of 2007 -3- 3. The learned counsel for the petitioner has made available to me the unopened cover addressed to the petitioner containing the postal endorsement as also a copy of the covering letter dated 23.11.2006, 3. I have heard both sides. 4. In so far as the only dispute is regarding the refund of the excess premium and the 1st respondent is prepared to refund the same, the writ petition is disposed of with the following directions: The petitioner may approach that the 1st respondent on any working day during office hours and collect the cheque for the excess premium paid after complying with all formalities and issuing necessary receipt for the same. S. SIRI JAGAN, JUDGE rhs