IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 7305 of 2009(G) ------------------------- PETITIONER(S): ------------------ ABDUL KAREEM S/O. MARAKAR PILLA, CHERANANKUDY HOUSE, EDATHALA KARA, ALUVA EAST VILLAGE. BY ADV. SRI.T.R.SUGUNAN RESPONDENT(S): ------------------- DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., ALUVA DIVISIONAL OFFICE, KODUVATH SHOPPING COMPLEX, SUB-JAIL ROAD, ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 7305 OF 2009 (G) ==================== Dated this the 13th day of March, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P6 order passed by the Insurance Ombudsman in Complaint No.10/KCH/G1/11-002-134/2008-09. 2. Petitioner submits that he met with an accident on 30/12/2007 and sustained severe injuries. His medical claim under a policy of insurance with the respondent was repudiated and thereupon he filed a complaint before the Ombudsman claiming Rs.2 lakhs and that was rejected by Ext.P6. 3. The main reason for upholding repudiation of the insurance claim by the Insurance Ombudsman by Ext.P6 order is that the petitioner did not comply with the policy condition No.3. Policy condition No.3 relied on against the petitioner provides that in the case of a motor accident, the same should be reported to the nearest police station immediately. It further provides that in the event it is not practical to do so, for reasons which are beyond the control of the insured, the matter should be reported at the earliest, and in any case, within 7 days. WPC 7305/09 :2 : 4. Admittedly, in this case, the accident occurred on 30/12/2007, but however the matter was reported to the police only on 19/2/2008. If so, the policy condition has not been complied with, in which case, the view taken by the Ombudsman cannot be faulted. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp