IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29405 of 2011(A) -------------------------- PETITIONER(S): --------------- MRS.C.LEELAMMA, W/O.LATE N.RADHAKRISHNAN (TECHN.GR.I C&W) QUILON, "SREESYLAM" VRINDAVAN NAGAR 96, KADAPPAKADA, KOLLAM-8. BY ADV. SRI.K.A.ABRAHAM SRI.BIJU MARTIN RESPONDENT(S): --------------- 1. THE CHIEF EXECUTIVE, SOUTHERN RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD., THIRUCHIRAPPILLY-620001, TAMIL NADU. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD., P.P.K.COMPLEX, 1ST FLOOR, T.S.NO.35481/2, SOUTH MAIN STREET, PUDUKKOTTAI, TRICHI- 622001. SC SRI.T.C.GOVINDA SWAMY SRI.ZIYAD RAHMAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29405 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. PHOTO COPY OF THE DEATH CERTIFICATE. EXHIBIT-P2. PHOTO COPY OF THE INTIMATION LETTER DT.5.11.2005. EXHIBIT-P3. PHOTO COPY OF THE LETTER DT.10.11.2006. EXHIBIT-P4. PHOTO COPY OF THE LETTER OF THE 1ST RESPONDENT SOCIETY DT. 13.6.2007. EXHIBIT-P5. PHOTO COPY OF THE LETTER OF THE INSURANCE COMPANY DT.8.6.2007. EXHIBIT-P6. PHOTO COPY OF THE LETTER OF THE 1ST RESPONDENT SOCIETY DT.13.6.2007 ADDRESSED TO THE INSURANCE COMPANY. EXHIBIT-P7. PHOTO COPY OF THE LETTER OF THE SOCIETY NO.CCS/JPAI/10/07 DT. 18.10.2007. EXHIBIT-P8. PHOTO COPY OF THE JUDGMENT DT.25.1.2011 IN WP(C) 8328/2008. EXHIBIT-P9. PHOTO COPY OF THE JUDGMENT DT 23.11.2005 IN WP(C) 3274/2005. EXHIBIT-P10. PHOTO COPY OF THE MEDICAL CERTIFICATE ISSUED BY SANKAR INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE KOLLAM. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).29405/2011 .............................................. Dated this the 4th day of November, 2011 JUDGMENT Petitioner is the wife of late N.Radhakrishnan who was employed as Technician Gr.I, C&W, Kollam, in the service of Southern Railway, Trivandrum Division. Radhakrishnan, who was a member of the first respondent Society, expired on 2.9.2005. It is stated that the first respondent had arranged with the second respondent a group insurance Scheme to its members and that in terms of the said policy, the dependants of each member are eligible for compensation of Rs.2 Lakhs. According to the petitioner, since her husband died in an accident, she is entitled to get the said insurance amount. She made an application through the Society; however, the application was rejected on the ground that the same was belated. It is therefore, that this writ petition is filed. 2. The learned counsel for the petitioner relies on Exts.P8 and P9 judgments of this Court in W.P.(C)s.8328/2008 and 3274/2005 to contend that rejection of insurance claim by the second respondent in identical circumstances and that too for the same W.P.(C).29405/11 2 reasons, have been duly interfered by this Court and compensation have been paid on that basis. 3. Heard the learned counsel appearing for respondents 1 and 2 also. 4. On facts, I am satisfied that the claim of the petitioner is fully covered in her favour, as per Exts.P8 and P9 judgments. Therefore, the petitioner is entitled to succeed. For that reason, I quash Ext.P5 communication of the second respondent rejecting the claim of the petitioner and direct that the second respondent will pay the insurance claim of the petitioner. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs