IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 33220 of 2009(V) -------------------------- PETITIONER(S): --------------- K.KARUNAKARAN,MANGATTETHU HOUSE, ELIPPAKKULAM.P.O,VALLIKUNNAM,MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): --------------- 1. THE BRANCH MANAGER,M/S.ORIENTAL INSURANCE CO.LTD,IST FLOOR,BHARATH GAS CO.BUILDING NEAR M.S.M.COLLEGE,KAYAMKULAM,ALAPPUZHA DISTRICT. 2. THE MANAGER,M/S.SRI.RAM TRANSPORT FINANCE CO.LTD,MOOKAMBIKA COMPLEX,4-LADY DESIKACHARY ROAD,MYLAPORE,CHENNAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.33220 of 2009 ================== Dated this the 19th day of November, 2009 J U D G M E N T The petitioner is the owner of a stage carriage, which was insured with the 1st respondent. When the stage carriage met with an accident, the petitioner spent money for repairing the same. Thereafter, the petitioner claimed insurance amounts from the 1st respondent, which was not paid. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to pay the amount of Rs.64,211.00 for the repair bills, interest thereon from 28.4.2007 with interest at 12% and Rs.45,000/- as other amounts incurred for transporting the vehicle and miscellaneous expenses forthwith and/or dispose of Exhibit-P4 representation expeditiously. ii) Grant such other or further reliefs which the petitioner may pray for from time to time and which this Hon'ble Court may deem fit and proper in the interest of justice.” The questions as to whether the petitioner's vehicle has met with an accident, whether the vehicle has suffered damages, what is the extent of the damage, what is the quantum of damages payable are all questions of fact, which have to be proved by adducing evidence. Writ petition under Article 226 of the Constitution of India is not the remedy of the petitioner for the same. Therefore, without prejudice to the right of the petitioner to seek other alternate remedies, in which the petitioner can adduce evidence in support of his contentions, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2