IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 33714 of 2004(L) -------------------------- PETITIONER: --------------- C.P.AJITH KUMAR, CHENNATT HOUSE, GRACE GARDENS, THRIKKAKARA 682 021. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: --------------------- 1. NATIONAL INSURANCE CO.LTD., KOCHI DIVISIONAL OFFICE, AJAY VIHAR, M.G.ROAD, KOCHI-16, REP.BY ITS DIVISIONAL MANAGER. 2. THE SENIOR BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., PALARIVATTOM BRANCH OFFICE, MYDHILY MANDIRAM, JANATHA JUNCTION, PALARIVATTOM, KOCHI-682 025. 3. THE INSURANCE OMBUDSMAN, OFFICE OF THE INSURANCE OMBUDSMAN, 2ND FLOOR, CC-27/2603, PULINAT BUILDINGS, M.G.ROAD, ERNAKULAM, KOCHI-682 015. ADVS. SRI.BECHU KURIAN THOMAS FOR R3 SRI.RAJAN P.KALIYATH FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33714 of 2004(L) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE INSURANCE POLICY WITH POLICY NO.57-105/2002/6351015 DATED 21.05.2002. P2: TRUE COPY OF THE CLAIM STATEMENT DATED 21.10.2002 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P3: TRUE COPY OF THE RECEIPT DATED 27.11.2002 ISSUED FROM M/S. NIPPON TOYOTA, MARADU. P4: TRUE COPY OF ORDER DATED 19.2.03 ISSUED BY THE 1ST RESPONDENT REJECTING THE CLAIM OF THE PETITIONER. P5: TRUE COPY OF THE ORDER DATED 7.5.03 ISSUED BY INSURANCE GRIEVANCE CELL. P6: TRUE COPY OF THE COMPLAINT DATED 10.7.03 BEFORE THE 3RD RESPONDENT. P7: TRUE COPY OF THE AWARD DATED 10.8.2004 PASSED BY THE 3RD RESPONDENT. TRUE COPY PA TO JUDGE Scl. B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 33714 of 2004 - - - - - - - - - - - - - - - - Dated this the 28th day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has filed this writ petition challenging the award dated 10.08.2004 passed by the Insurance Ombudsman, Kochi. 3. The petitioner is the owner of Toyotta Qualis with registration No. KL-7-z-123 which is having valid insurance policy from the 2nd respondent. The vehicle fell into a ditch filled with water on the side of the road at Thiruvananthapuram and sustained damages to the engine. The petitioner submitted a claim application before the 2nd respondent on 21.10.2002 along with necessary details and the same was rejected on the ground that the damages caused to the vehicle was due to the flooding on the road and that the petitioner had not opted for flood coverage. Aggrieved by the said order, the petitioner submitted a complaint before the Insurance Grievance Cell and the same was rejected. Challenging the said orders, the petitioner approached the Insurance Ombudsman, Kochi. The Insurance W.P.(C). No. 33714/2004 -:2:- Ombudsman as per award dated 10.08.2004 dismissed the complaint submitted by the petitioner. 4. The learned counsel for the petitioner contended that even though the matter was heard by Shri. M. Achuthan Unni, then Ombudsman and reserved for passing final orders, the impugned award was passed by the successor Smt. P.N. Santhakumari. 5. Considering the nature of the grievances, I set aside Ext.P7 award and remit the matter to the Ombudsman for rehearing. The parties shall appear before the Ombudsman on 21.12.2011 without any further notice. The learned Ombudsman shall dispose of the matter in accordance with law within one month from the date of appearance of the parties after giving an opportunity of hearing to the parties. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C). No. 33714/2004 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- W.P.(C). No. 33714/2004 -:4:- Dated this the 16th day of November, 2011. JUDGMENT