IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 8328 of 2008(N) PETITIONER: --------------- C.THOMAS, RETIRED POINTSMAN GR.II, QUILON, RESIDING AT PERIGANISSERIYIL, THEKKUMBHAGOM, CHAVARA SOUTH POST, KOLLAM-691 584. BY ADV. SRI.K.A.ABRAHAM SRI.BIJU MARTIN RESPONDENTS: --------------- 1. THE CHIEF EXECUTIVE, SOUTHERN RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD., THIRUCHIRAPPILLY-620 001, TAMIL NADU. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD., P.P.K.COMPLEX, IST FLOOR, T.S.NO. 35481/2, SOUTH MAIN STREET, PUDUKKOTTAI, TRICHI-622 001. R2 BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE INQUIRY REPORT NO.Q/T36/ACCDT. DATED 4.4.2005. EXT.P2 PHOTOCOPY OF THE CERTIFICATE DATED 17.6.2005 ISSUED BY THE BISHOP BENZIGER HOSPITAL, KOLLAM. EXT.P3 PHOTOCOPY OF THE DISCHARGE CERTIFICATE DATED 1.6.2005. EXT.P4 PHOTOCOPY OF THE LETTER DATED 3.5.2005. EXT.P5 PHOTOCOPY OF THE PHOTOGRAPH OF THE PETITIONER IN BED AFTER AMPUTATION. EXT.P6 PHOTOCOPY OF THE LETTER NO.CCS/JPAI/6/07 DATED 13.6.2007. EXT.P7 PHOTOCOPY OF THE JUDGMENT DATED 23.11.05 IN W.P.(C) NO.3274/05. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8328 of 2008 ----------------------------------------- Dated this the 25th day of January, 2011 JUDGMENT The petitioner is an employee of the Southern Railways. While in service he met with an accident on 3.4.2005 and was injured. His right leg was amputated above the knee. He was hospitalized for nearly two months and thereafter he retired from service on attaining the age of superannuation. The petitioner was a member of the Southern Railway Employees Co-operative Credit Society Limited. The said society had an arrangement with the second respondent insurance company as per which members of the society were covered under a Group Insurance Scheme. The petitioner claims that under the said scheme he is entitled to receive a sum of Rs.2 lakhs. The grievance voiced by the petitioner in this writ petition is that though several years have passed after he was injured and a claim was made under the Group Insurance Scheme, till date the amount payable by way of insurance has not been disbursed. In this writ petition he seeks a direction to the first respondent to process the insurance claim W.P(C).No.8328 of 2008 -:2:- and to pay the insurance amount expeditiously. 2. It is brought to my notice that in identical circumstances a learned single Judge of this Court has by Ext.P7 judgment delivered in W.P(C) No.3274 of 2005 directed the respondents to make payment to the estate of a deceased employee within 45 days from the date of receipt of a copy of the judgment. In the instant case the respondents have not disputed the fact that the petitioner is a member of the first respondent society or that he was injured in an accident. The fact that his right leg was amputated is also not in dispute. The entitlement of the petitioner to receive payment under the Group Insurance Scheme is also not disputed. In such circumstances I dispose of the writ petition with a direction to the second respondent to settle the insurance claim of the petitioner under the Group Insurance Policy expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8328 of 2008 ---------------------------- JUDGMENT 25th January, 2011