IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 16466 of 2011(G) -------------------------- PETITIONER: --------------- VIJAYARAJ, AGED 38 YEARS, S/O.KRISHNAN NAIR, MADATHIL KOLIYAT HOUSE NO.4/136 THALIPARAMBA BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. BRANCH MANAGER, THE ORIENTED INSURANCE COMPANY LIMITED BRANCH OFFICE, MAREENA SHOPPING COMPLEX, N.H.ROAD, THALIPARAMBA-670141 2. BALAKRISHNAN, TALAKKALE VEETTIL, PERUMTHATTA, PORAKUNNU, THALIPARAMBA-670 141 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 16466/11 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE INSURANCE CERTIFICATE OF VEHICLE BEARING REGISTRATION NO.KL59-5768 IN THE NAME OF ITS TRANSFEROR DT.10.5.2010. EXT.P2 : COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL59-5768 IN THE NAME OF THE PETITIONER. EXT.P3 : COPY OF THE REPORT DT.12.3.2011 BY KERALA FIRE FORCE. EXT.P4 : COPY OF THE MOTOR CLAIM FORM DT.16.3.2011. EXT.P5 : COPY OF THE NOTICE DT. 26.5.2011 BY FIRST RESPONDENT. EXT.P6 : COPY OF THE REPLY OF SECOND RESPONDENT DT. 9.5.2011. EXT.P7 : COPY OF THE REPUDIATION OF CLAIM DT.2.5.2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16466 OF 2011 -------------------------- Dated this the 20th day of June, 2011 J U D G M E N T Ext.P7 letter dated 2.5.2011 sent by the insurer of a goods vehicle belonging to the petitioner repudiating the petitioner's claim under the policy of insurance in relation to that vehicle is under challenge in this writ petition. Under rule 12 and 13 of the Redressal of Public Grievances Rules, 1988 framed and issued by the Central Government under the provisions of the Insurance Act, 1938 the petitioner has got an efficacious alternate remedy before the Ombudsman. The period of limitation prescribed for filing a complaint before the Ombudsman is one year from the date of repudiation. In such circumstance, I am of the opinion that the petitioner should first move the Ombudsman seeking redressal of his grievances before seeking the intervention of this Court. I accordingly decline jurisdiction and dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with him to move the Ombudsman seeking redressal of his grievances. P.N.RAVINDRAN, (JUDGE) vps