IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 12139 of 2009(J) -------------------------- PETITIONER(S): --------------- BABY M.K., AGED 42 YEARS, W/O. LATE ARAVINDAKSHAN NAIR T.G., TVR 7/482, LAKSHMI NILAYAM, VALAMANGALAM P.O., THURAVOOR, CHERTHALA. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): --------------- 1. BHARATH SANCHAR NIGAM LTD. (BSNL), REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. 2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., K.G.CIRCLE OFFICE, ALAPPUZHA. ADV.SRI.MATHEWS K.PHILIP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J -------------------------------------------- W.P.(C).12139 of 2009 -------------------------------------------- Dated this the 22nd day of May, 2009 JUDGMENT According to the petitioner, her husband was offered free Personal Accidental Insurance Coverage by the 1st respondent on the strength of his status as a subscriber. The 2nd respondent is the insurer. The petitioner's husband died in a motor accident on 18.6.2008 and a claim was lodged by the petitioner with the 1st respondent. Apparently, the insurer has repudiated the same vide Ext.P4 on the ground that the claim was not lodged within the time frame mentioned as per the General Denial Clause No.21. According to them, the claim should have been made within 60 days from the date of the event. The petitioner challenges Ext.P4. 2. The contract of insurance providing coverage to the subscriber would be that is entered into by respondents 1 and 2. The petitioner, as a legal representative of the subscriber could be a beneficiary of the same. When there is a repudiation of the policy, the remedy of the petitioner lies before the Civil Court or in W.P.(C).12139 of 2009 :: 2 :: certain circumstances, before the Insurance Ombudsman. It is open to move the Civil Court or the Insurance Ombudsman. Without prejudice to such right, the writ petition is disposed of. Sd/- (V.GIRI) Judge sk/- //true copy// P.S. to Judge