IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 30528 of 2009(I) -------------------------- PETITIONER(S): --------------- SHIJIN (MINOR) AGED 12 YEARS S/O. THE LATE JOHNSON, REPRESENTED BY GUARDIAN, GRAND MOTHER SELIN, W/O. JERONSE VILAKKUMADAM VEEDU, ANCHUTHENGU P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. THE REGIONAL EXECUTIVE, KERALA FISHERMEN'S WELFARE FUND BOARD M.P.APPAN ROAD, VAZHUTHACADU THIRUVANANTHAPURAM. 2. THE COMMISSIONER KERALA FISHERMEN'S WELFARE FUND BOARD PONKUNNAM, THRISSUR-680002. 3. DIRECTOR KERALA STATE INSURANCE DEPARTMENT HOUSING BOARD BUILDING THIRUVANANTHAPURAM-695001. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT. FISHERIES DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001 ADV. SRI.ASOK M.CHARIYAN, SC, KFWFB FOR R1,2 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 30528 of 2009 ================== Dated this the 16th day of December, 2009 J U D G M E N T The petitioner is the minor son of a fisherman who died by electrocution on 27.5.2007. The deceased was a member of the Kerala Fishermen's Welfare Fund Board and covered by a Group Personal Accident Insurance Scheme with the 3rd respondent. The petitioner is represented by his grandmother and guardian. Ext.P3 application was filed on behalf of the petitioner seeking disbursal of the insurance amount, which application was forwarded to the 3rd respondent, by the 1st respondent recommending payment of compensation of Rs.1 lakh. But by Ext.P6 letter, the 3rd respondent denied the claim on the ground that the death was due to electrocution, which will not come within the purview of the policy. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) To issue a writ of certiorari calling for the records leading to Ext.P6 and quash the same in so far as the denial of the insurance claim in respect of the petitioner as per item No.10 therein. ii) To declare that the petitioner is entitled to the insurance claim of Rs.1,00,000/- on the basis of Ext.P2 Scheme, P7 quotation and P5 recommendation. iii) To issue a writ of mandamus or any other writ or order of (sic) direction directing the 3rd respondent to sanction the insurance claim to the (sic) as recommended in Ext.P5.” 2. I directed the learned Government Pleader to get instructions on the eligibility of the petitioner for the insurance 2 amount. Today the learned Government Pleader submits that the eligibility of the petitioner for the policy amount is admitted and that the same would be disbursed to the petitioner on receipt of a discharge voucher from the 2nd respondent. In the above circumstances, this writ petition is disposed of with the following directions: The 2nd respondent shall forward a discharge voucher for claiming the insurance amount to the 3rd respondent within one week from the date of receipt of a certified copy of this judgment. On receipt of the same, the 3rd respondent shall disburse the policy amount to the petitioner within three weeks thereafter. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge