IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 11065 of 2008(P) -------------------------- PETITIONER: ------------ JOSE T.J., S/O.JOSEPH J.THERMADAM, THERMADAM HOUSE, CHEMBUTHARA, PATTIKKAD P.O., THRISSUR - 1. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, PARK HOUSE, ROUND NORTH, TRICHUR - 680 001. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R1 SRI.S.ARUN RAJ SMT. P.K.SANTHAMMA, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 11065 OF 2008 = = = = = = = = = = = = = Dated this the 10th day of June, 2008. J U D G M E N T The petitioner challenges repudiation by the respondent of the petitioner's claim for insurance as per the shop keepers insurance policy taken by him, which claim was filed for loss on account of burglary in the petitioner's shop. Petitioner himself now submits that the petitioner has an alternate remedy by way of approaching the Insurance Ombudsman. But there is some delay in filing the same and therefore this writ petition may be disposed of with permission to the petitioner to file an application before the Insurance Ombudsman with a direction to the Insurance Ombudsman to consider the same notwithstanding the delay. 2. I have heard the parties. 3. I view of the facts and circumstances of the case, I feel that it is appropriate that the Insurance Ombudsman entertains the application, if filed, condoning the delay. W.P.(C).No. 11065 OF 2008 2 Accordingly the writ petition is disposed of with a direction to the Insurance Ombudsman that if the petitioner files an application before the Insurance Ombudsman within two weeks from today along with a copy of this judgment, the Insurance Ombudsman shall consider the same on merits condoning the delay in filing the same. S.SIRI JAGAN, JUDGE bkn/-