IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 14TH FEBRUARY 2007 / 25TH MAGHA 1928 WP(C).No. 18501 of 2003(C) ----------------------------------- PETITIONER: ------------------ J. PRAKASH.C. VADAKKAN, S/O. CHACKO, ADVOCATE, VADAKKAN HOUSE, ANTHINAD P.O., PALA, KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS SRI.SUJESH MENON V.B. RESPONDENTS: ---------------------- 1. THE SECRETARY, THE BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT OF KERALA, KOCHI-31. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD., SHEAFEER COMPLEX, OPP.Y.M.C.A., KANNUR ROAD, CALICUT. BY ADV. SRI.GEORGE KARITHANAM VARGHESE SRI.JOSEPH A.VADAKKEL SRI.C.I.ABRAHAM SRI.JOSE KURIAKOSE (VILANGATTIL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- W.P(C)No.18501 of 2003 ----------------------------------------- Dated this the 14th day of February, 2007 JUDGMENT The writ petition is filed with the following prayers:- (i) call for the records leading upto Ext.P6 and to issue a writ in the nature of certiorari or any other appropriate writ, direction or order quashing Ext.P6. (ii) declare that the petitioner is entitled to the benefit as provided in Ext.P4 policy. (iii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to immediately disburse the amount payable pursuant to the claim petition submitted by the petitioner. The stand taken in the counter affidavit filed on behalf of the second respondent is that the alleged injury suffered by the petitioner does not come under the ambit of coverage. There being thus dispute on the facts since there is Insurance Ombudsman it is for the petitioner to approach the said authority. It is made clear that in the event of such an attempt being made by the petitioner within a period of one month from today, the same shall be treated to have been filed in time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. W.P(C)NO.18501/2003 JUDGMENT 14th February, 2007