IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 5386 of 2010(W) ------------------------- PETITIONER(S): --------------- WILMA, W/O.LATE JAISON, T.C.47/362, POONTHURA, THIRUVANANTAPURAM DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. THE REGIONAL EXECUTIVE, KERALA FISHERMEN'S WELFARE FUND BOARD, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, KERALA FISHERMEN'S WELFARE FUND BOARD, PONKUNNAM, THRISSUR-680 002. 3. DIRECTOR, KERALA STATE INSURANCE DEPARTMENT, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADV.SRI.ASHOK M.CHERIYAN & G.P.SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1 COPY OF FIR OF VALAPATTANAM POLICE IN CRIME NO.438/07 EXT.P2 COPY OF CERTIFICATE DTD.7.11.2007 OF THE RDO EXT.P3 COPY OF EXTRACT OF GROUP ACCIDENT INSURANCE SCHEME EXT.P4 COPY OF THE CLAIM FORM DTD.16.1.2008 EXT.P5 COPY OF LETTER DTD.12.2.2008 OF R2. EXT.P6 COPY OF LETTER DTD.18.3.2009 OF R3. EXT.P7 COPY OF QUOTATION FOR INSURANCE DT.4.10.2006 RESPONDENTS EXTS. NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.5386 OF 2010 ------------------------------- Dated this the 3rd day of JUNE, 2010 J U D G M E N T The petitioner is the wife of a fisherman, who died allegedly in the course of a fishing operation. The petitioner’s husband was a member of the Kerala Fishermen’s Welfare Fund. All members of the Kerala Fishermen's Welfare Fund are covered under the Group Insurance Policy with the 3rd respondent. Therefore, according to the petitioner, on account of death of her husband, she is entitled to the policy amount. But, despite a recommendation from the Kerala Fishermen’s Welfare Fund Board, the petitioner is not being paid the insurance amount, is her grievance in this writ petition. The petitioner has now produced before me a proceedings of the Director of Insurance, Thiruvananthapuram dated 11.5.10, which reads thus: “In the circumstances, stated above, sanction is hereby accorded for drawal and disbursement of Rs.1,00,000/- (Rupees One Lakh only) in full and final settlement of Group Personal Accident Insurance claim in respect of late Jaison. One demand draft be drawn in favour of Commissioner, Kerala Fishermen Welfare Fund Board, P.O. Poonkunnam, Thrissur. Out of the total amount, 50% will be shared W.P.(c)No.5386/2010 2 with re-insurers. The expenditure will be met from the Head of Account “8011- Insurance and Pension Fund – 105 – State Government Insurance Fund – 95. Miscellaneous Insurance Fund” In view of the same, I dispose of this writ petition with a direction to the third respondent to disburse the amount sanctioned as per the above proceedings within a period of one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.5386/2010 3