IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20493 of 2008(M) ------------------------------------ PETITIONER: ----------------- BINDU SHAJI, AGED 35 YEARS, WIDOW OF LATE K.A.SHAJI, KADAVUCKAL HOUSE, VALAYIL ROAD, THIRUVAMKULAM P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: ---------------------- 1. NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, ST.AUGUSTIN'S CHURCH BUILDING, BYEPASS JUNCTION, AROOR, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. PUSHPAVALLY P.K., CHELAKATTU HOUSE, THIRUVAMKULAM, KANAYANNUR TALUK, ERNAKULAM. 3. THE DIVISIONAL MANAGER, NATIONALINSURANCE COMPANY LTD., COCHIN DIVISIONAL OFFICE, AJAY VIHAR, M.G.ROAD, COCHIN 16. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 20493 OF 2008 ---------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT The petitioner's husband took a Life Insurance Policy with the 1st respondent. The husband died in a road accident and the petitioner claimed the insurance amount. The 1st respondent refused to disburse the insurance amount on the ground that the insured had not given notice to them within one month's time. The petitioner, therefore, seeks the following reliefs. “(i) declare that the 1 st respondent is legally bound to disburse the benefit contemplate under the Janatha Personal Accident Insurance Policy No.570106/97/9602268 to the legal heirs of Late Shaji. (ii) Issue a writ of mandamus or any other writ or order directing the respondents to disburse the benefits of Janatha Personal Accident Insurance Policy No. 570106/97/9602268 to the legal heirs of late Shaji. (iii) Issue a writ of certiorari or any other writ or order calling for the records relating to exhibit P3 and to quash the same. (iv) Issue a writ of mandamus or any other writ or order directing the 3 rd respondent to consider and pass orders on exhibit P6 petition filed by the petitioner.” W.P.(c)No.20493/08 2 I am of opinion that the petitioner has an effective alternate remedy by way of approaching the Insurance Ombudsman. Therefore, without prejudice to such right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd