IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 28621 of 2005(G) -------------------------- PETITIONER: ------------ M.K.ZAREENA AKBAR ALI, W/O.LATE AKBAR ALI, ZAREENA MANZIL, THIRUVANNUR ROAD, BEHIND KOTTARAM, P.O.KALLAI, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ------------- 1. THE NEW INDIA INSURANCE COMPANY REPRESENTED BY ITS SENIOR DIVISIONAL MANAGER, K.N.MATHEW BUILDING, GANDHARI AMMAN KOVIL ROAD, THIRUVANANTHAPURAM. 2. ASIANET SATELLITE COMMUNICATION LTD., REP. BY ITS CHAIRMAN, IIIRD FLOOR, KARIMPANAL ARCADE, FORT, THIRUVANANTHAPURAM. 3. THE MANAGER, ASIANET SATELLITE COMMUNICATION LTD., CALICUT. 4. THE INSURANCE OMBUDSMAN, PULINAT BUILDING, 2ND FLOOR, OPP: COCHIN SHIPYARD, M.G.ROAD, ERNAKULAM. BY ADV. SRI.KKM.SHERIF FOR R1 SRI.P.M.KUNJIMOIDEENKUTTY FOR R1 SRI.LAL K.JOSEPH FOR R1 SRI.A.A.ZIYAD RAHMAN FOR R1 SRI.RAKESH DAWNY KOKKATTU FOR R1 SRI.SAJI VARGHESE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.28621 of 2005 ---------------------------------------------- Dated 23rd May, 2008. J U D G M E N T The grievance is on Ext.P4 order passed by the Insurance Ombudsman. As per the said order, the complaint filed by the petitioner was dismissed. According to the petitioner, she could not represent her grievance before the Ombudsman as she was prevented by unavoidable circumstances from appearing before the Ombudsman, and yet the Ombudsman has passed an order on merits. Having regard to the facts as stated in Ext.P5 affidavit, I feel it it is only just and in the interests of justice that a fresh opportunity is given to the petitioner to present her case. Accordingly, Ext.P4 order is set aside. There will be a direction to the 4th respondent to consider the complaint filed by the petitioner afresh, after affording an opportunity for hearing to the petitioner and respondents 1 to 3. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs OP NO. 2 KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.28621 of 2005 ---------------------------------------------- J U D G M E N T Dated 23rd May, 2008.