IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 26240 of 2004(W) -------------------------- PETITIONER(S): --------------- SMT.GLORY SHAJI, W/O. SHAJI MATHEW, KALARICKAL HOUSE, III/19, CHEMBUMUKKU, KAKKANAD WEST (P.O), COCHIN-13. BY ADV. SRI.BIJU C.ABRAHAM RESPONDENT(S): --------------- 1. THE NEW INDIA ASSURANCE CO. LTD., REP. BY ITS DIVISIONAL MANAGER,KOLLAM DIVISIONAL OFFICE, K.S.F.E. BUILDING, CHINNAKADA, KOLLAM. 2. THE MALAYALA MANORAMA DAILY, P.B.NO.4278, PANAMPILLY NAGAR, COCHIN-682 036. ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE FOR R2 SRI.LAL GEORGE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE ISSUED BY R2 EVIDENCING INCLUSION OF THE NAME OF DECEASED O.T.JACOB IN THE INSURANCE POLICY DT.26.7.2002. P2: COPY OF CERTIFICATE OF ADMINISTRATION DT.15.9.2003. P3: COPY OF COVERING LETTER SUBMITTED TO R1 DT.7.10.2003. P4: COPY OF CLAIM FORM SUBMITTED TO R1 DT.3.10.2003. P5: COPY OF LETTER ISSUED BY R1 DT.26.12.2003. P6: COPY OF REPLY GIVEN BY PETITIONER DT.5.1.2004. P7: COPY OF LETTER ISSUED BY R1 DT.29.1.2004. P8: COPY OF REPLY SUBMITTED BY PETITIONER DT.26.2.2004. P9: COPY OF REMINDER LETTER SEND BY THE PETITIONER TO R1 DT.28.4.2004. P10: COPY OF LETTER ISSUED BY R1 DT.7.7.2004. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.26240 of 2004 .................................................................... Dated this the 24th day of June, 2009. JUDGMENT W.P.(C) is filed for direction to the first respondent to release the payment due under the Insurance policy taken by second respondent under the Janatha Personal Accident Insurance Policy covering their subscribers. I have heard counsel for the petitioner and Standing Counsel appearing for the first respondent. 2. It is not in dispute that the beneficiary of the policy who was subscriber of the newspaper, died in an accident along with his wife. The nominee in the policy was the deceased wife of the subscriber. Admittedly petitioner is one of the 4 children of the deceased and two others gave consent for issuing Certificate of Administration to the petitioner to receive the claim amount with interest thereon. However, one of the legal heirs, a brother of the petitioner, refused to give consent to release payment to the petitioner. The case of the petitioner is that based on the Certificate of Administration produced by the petitioner, first respondent is bound to give 3/4th of the Insurance amount with interest thereon. I do not think there is any justification for the first respondent to decline payment on the ground 2 that a Succession Certificate is required in the matter. There is no dispute about the number of legal heirs left by the insured and the only person objecting is the brother of the petitioner who is entitled to 1/4th share. I, therefore, direct the first respondent to release 75% of the policy amount with proportionate accrued interest to the petitioner based on the Certificate of Administration produced and to release the balance 25% with interest thereon to the other claimant, the brother of the petitioner who has raised objection in the matter, within a period of one month from date of production of copy of this judgment. If policy does not specify rate of interest, there will be direction to the first respondent to give interest at the rate of 8% p.a. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms