IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 26849 of 2008(U) --------------------------------------- PETITIONER: ------------------- MRS.SARALA RAJENDRAN, KIZHAKKE MECHERIL HOUSE, KANJIRAMATTOM P.O. ERNAKULAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU. RESPONDENTS: ----------------------- 1. ORIENTAL INSURANCE COMPANY, DIVISIONAL OFFICE, T.H.TOWERS, STADIUM ROAD, MUVATTUPUZHA. 2. THE TAHSILDAR, TALUK OFFICE, KANAYANNUR KOCHI - 11, ERNAKULAM. GOVT. PLEADER SMT. SREELATHA FOR R2, ADV. SRI.A.R.GEORGE FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26849/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE CUM-POLICY SCHEDULE ISSUED BY THE R.1. EXT.P.2: COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO. KDIS 3883/08/A5 DTD. 28/05/2008 ISSUED BY THE R.2. EXT.P.3: COPY OF THE COMMUNICATION DTD. 17/07/2008 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.26849 of 2008 U ------------------------- Dated this the 30th day of September, 2008. JUDGMENT Petitioner is the widow of one K.P.Rajendran, who died in a road accident while travelling in his own vehicle. The petitioner claimed an amount of Rs.2 lakhs on the strength of a policy of insurance that was issued in favour of the owner. The insurance company rejected the petitioner's claim on the ground that the certificate stipulates a sum of Rs.1 lakh for getting insurance benefits and other purposes, whereas the insurance amount was Rs.2 lakhs. This was done as per Ext.P2. Normally, this certificate would have been enough. Ext.P2 is to the effect that the certificate is issued for getting the insurance benefit and other similar benefits for a sum below Rs.1 lakh. The insurance company has, as per Ext.P3, intimated the petitioner that since Ext.P2 stipulates a limit of Rs.1 lakh and the amount for which the owner of the vehicle was insured was Rs.2 lakhs, the company is not in a position to act on the same. Ext.P2 only need be considered as a certificate of the Tahsildar, indicating who are the legal heirs of deceased K.P.Rajendran W.P.(C).NO.26849/08 :: 2 :: and therefore, the beneficiaries are entitled to the insurance amount, for which the vehicle was insured. The ceiling on the amount, as such, is not matter of significance. Once the identity of the legal heirs is established, the insurance company need not be fettered in disbursing the amount. Accordingly, the writ petition is disposed of directing the 1st respondent to disburse to the petitioner alone or the legal heirs as are shown in Ext.P2, the amounts due to such legal heirs on account of the death of K.P.Rajendran. This shall be done within one month from the date of receipt of a a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//