IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 5 of 2005(A) -------------------------------- PETITIONER: --------------------- E.A.ABDUL KAREEM, M/S. HAJI K.A. AHMED PILLAI & CO., R.S. ROAD, ALUVA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU SRI.M.V.BIPIN RESPONDENTS: ------------------------- 1. NATIONAL INSURANCE CO. LTD., KOCHI REGIONAL OFFICE, 4TH FLOOR, MUTHOOT TOWERS, M.G.ROAD, KOCHI-682 035, REP. BY ITS DEPUTY MANAGER. 2. THE SENIOR BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., P.B. NO.89, M.G.ROAD BRANCH, THRISSUR-680 001. 3. THE INSURANCE OMBUDSMAN, OFFICE OF THE INSURANCE OMBUDSMAN, 2ND FLOOR, C.C.27/2603, PULINAT BUILDINGS, M.G.ROAD, ERNAKULAM-682 015, REPRESENTED BY ITS SECRETARY. STATE ATTORNEY FOR 1,2,3. SRI.RAJAN P.KALIYATH FOR R2 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CONTRACT CARRIAGE PERMIT DT. 28.11.2000 ISSUED TO THE PETITIONER'S VEHICLE. EXT.P2:- COPY OF THE INSURANCE POLICE WITH POLICE NO.570704/2001/6305779 DT. 17.10.2001. EXT.P3:- COPY OF THE CLAIM APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4:- COPY OF THE UNDERTAKING DT. 19.11.02 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5:- COPY OF THE ORDER DT. 27.3.03 REJECTING THE CLAIM OF THE PETITIONER BY THE IST RESPONDENT. EXT.P6:- COPY OF THE ORDER DT. 1.7.03 REJECTING THE CLAIM OF THE PETITIONER BY THE 3RD RESPONDENT. EXT.P7:- COPY OF THE ORIGINAL PETITION DT. 30TH JULY, 2003 SUBMITTED BEFORE THE 3RD RESPONDENT BY THEW PETITIONER. EXT.P8:- COPY OF THE AWARD NO.1O/KCH/G1/76/2004-05 DT. 23.9.04 ALONG WITH COVERING LETTER ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 5 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T Challenge is on Exhibit P8. There is also a prayer in the writ petition, as prayer No.4, for a direction to respondents 1 and 2 to pay the entire amount claimed in Ext.P3 with 12% interest from the date of submission of Ext.P3 till the date of payment. This writ petition was admitted in the year 2005. On 11.07.2008, this Court passed the following order: “In case no counter affidavit is filed within two weeks, it will be taken that the respondents have no objection in allowing the writ petition”. There is no counter affidavit yet. Therefore, this writ petition is allowed in terms of prayer No.4. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 5 OF 2005 J U D G M E N T 08.08.2008