IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 11292 of 2009(F) -------------------------- PETITIONER: --------------- K.GOWRI, VAZHUVELIL PARAMBIL VEEDU, EDAVATTOM, KARUVELIL P.O., EZHUKONE, KOLLAM. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SRI.A.MUHAMMED RAFFI RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. ADMINISTRATIVE ASSISTANT DISTRICT POLICE OFFICE, PATHANAMTHITTA. 4. THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, KASTURBA BUILDINGS, PULAMON PO, KOTTARAKKARA. 5. DIVISIONAL MANAGER, LIC OF INDIA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J --------------------------- W.P.(C).11292 of 2009 --------------------------- Dated this the 22nd day of May, 2009 JUDGMENT The petitioner is aggrieved by the repudiation on the part of the Life Insurance Corporation as regards the claim made by the petitioner as a beneficiary under a policy covering the life of the petitioner's daughter, who died in a road traffic accident, while working as a police constable in the Pathanamthitta Police Station. 2. The relationship between the beneficiary and the insurer is governed by the terms of the Insurance Policy and the remedy of the petitioner would lie either before a civil court or in certain circumstances, before the Insurance Ombudsman. The correctness of the repudiation effected by the Life Insurance Corporation cannot be decided in proceedings under Article 226 of the Constitution of India, except under very exceptional circumstances. No such exceptional circumstance arise in this case. W.P.(C).11292 of 2009 :: 2 :: Therefore, the writ petition is closed without prejudice to the right of the petitioner to approach the civil court or the Insurance Ombudsman, as is deemed appropriate by the petitioner. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge