IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 776 of 2007(P) ----------------------- PETITIONERS: ------------ 1. ALLI, W/O.DHARMAN, AGED 60, RESIDING AT NEDIYIRUPPU HOUSE, PUTHUVYPU P.O., VYPIN. 2. USHA, W/O.ASOKAN, AGED 40, RESIDING AT NEDIYIRIPPU HOUSE, PUTHUVYPU P.O., VYPIN. 3. PRASEETHA, W/O.HAJESH, AGED 21, EDAKATTIL HOUSE, EDAYAR, BINANIPURAM P.O., ALUVA. 4. PRAVEENA, D/O.ASOKAN, AGED 19, RESIDING AT NEDIYIRIPPU HOUSE, PUDUVYPU P.O., VYPIN. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS GENERAL MANAGER, PRAVEENA BUILDING (BRANCH OFFICE) HOSPISTAL JUNCTION, NEYYATTINKARA-695 121. 2. MANAGING DIRECTOR, MATSYAFED, THIRUVANANTHAPURAM-3. BY ADV. SRI.K.ANAND (A.201),SC FOR MATSYAFED SMT.LATHA KRISHNAN SRI.N.S.MOHAMMED USMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.776/07 APPENDIX PETITIONERS EXHIBITS EXT.P1: PHOTOCOPY OF THE FIRST INFORMATION REPORT IN CRIME NO.493/04 DATED 5.12.04. EXT.P2: PHOTOCOPY OF THE DEATH CERTIFICATE OF THE DECEASED ASOKAN DATED 22/3/05. EXT.P3: PHOTOCOPY OF THE POSTMORTEM REPORT DATED 5/12/04. EXT.P4: PHOTOCOPY OF THE FINAL REPORT SUBMITTED BY THE S.I.OF POLICE, NARACKAL BEFORE THE SUB DIVISIONAL MAGISTRATE COURT. EXT.P5: PHOTOCOPY OF THE LETTER DATED 11/8/06 OF THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =================== W.P.(C) NO. 776 OF 2007 P =========================== Dated this the 6 th day of February, 2008 J U D G M E N T The prayer made in this writ petition is for directing the respondents to disburse the full insurance amount of Rs.1,50,000/- to the petitioners, who are the legal heirs of the deceased Asokan, Nediyirippu House, Puthuvypu. 2. According to the petitioners, Asokan was a fisherman for whose welfare the 2 nd respondent had subscribed a policy with the 1 st respondent. In terms of the conditions of the policy, if a fisherman dies by drowning during the course of fishing, the legal heirs are entitled to the insurance amount. It is stated that on 4/12/2004, the deceased went for fishing at 7.30 P.M. and when he did not return the next day morning, a First Information Report was lodged and Crime No.493/04 was also registered by the Narackal Police Station. It is WPC 776/07 :2 : stated that the dead body was found lying in the river nearby Matsyafed Auction Centre in Puthuvypu Village and was subjected to postmortem, the report of which is Ext.P3 and Ext.P2 is the death certificate. Ext.P3 postmortem gives opinion of the Surgeon regarding the cause of death as due to drowning. Despite all these, the Insurance Company issued Ext.P5 stating that considering the facts of the case including the unexplained/uncorrelated parts of the postmortem, they will settle the claim on non-standard basis at 50% of the capital sum insured at Rs.75,000/- as a special case. It is challenging this order that the writ petition has been filed. 3. While the counsel for the writ petitioners refer to Ext.P3 postmortem report and asserts that the case of death is shown as one due to drowning, the counsel for the Insurance Company would contend for the position that the cause shown in Ext.P3 is doubtful. According to him, it is only on account of this reason that the Insurance Company WPC 776/07 :3 : has as a special case offered to settle the claim by paying 50% of the capital sum insured. 4. Having gone through Ext.P3 and also taking into account the submissions made by both sides, I have no reason to think that the Insurance Company has any justification for adopting this stand. When the postmortem gives in clear terms that the case of death is drowning, in the absence of any materials to the contrary, the Insurance Company was not at all justified in denying the benefit of Insurance Policy to the legal heirs of the deceased. In this case, apart from the doubt that is expressed by the Insurance Company in Ext.P5, they have absolutely no material to sustain that claim. Therefore, I cannot approve Ext.P5 and hence Ext.P5 will stand quashed. 5. The respondents are therefore directed to extend the benefit of the Insurance Policy by disbursing full insurance amount of Rs.1,50,000/- to the petitioners, who are the legal heirs of the WPC 776/07 :4 : deceased Asokan in terms of the conditions in the Insurance Policy. The said payment shall be released through the 2 nd respondent as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp