Kerala High Court
Resmi Rajendran vs The United India Insurance Co. Ltd on 21 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:34824
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
WP(C) NO. 15173 OF 2023
PETITIONER:
RESMI RAJENDRAN
AGED 39 YEARS
W/O LATE ASHOK KUMAR S, 'KRISHNAKRIPA'
TC 6/252(2), SUBASH LANE, NETAJI ROAD,
VATTIYOORKAVU, THIRUVANANTHAPURAM,
PIN - 695013
BY ADVS.
JINU JOSEPH
P.K.MOHAMED JAMEEL
ANU PHILIPOSE
RESPONDENTS:
1 THE UNITED INDIA INSURANCE CO. LTD
HEAD OFFICE, #19,
NUNGAMBAKKAM HIGH ROAD,
IV LANE, CHENNAI-600034
REPRESENTED BY ITS CHAIRMAN CUM MANAGING
DIRECTOR.
2 THE UNITED INDIA INSURANCE COMPANY LTD,
REGIONAL OFFICE, 1ST FLOOR, SHARANYA,
P.T.USHA ROAD-HOSPITAL ROAD JN, KOCHI-11,
REPRESENTED BY ITS MANAGER, PIN - 682011
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WP(C) No.15173 of 2023
2
3 INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY
OF INDIA, HEAD OFFICE, SY NO. 115/1,
FINANCIAL DISTRICT, NANKRAMGUDA,
GACHIBOWLI, HYDERABAD -500032.
REPRESENTED BY ITS CHAIRMAN, PIN - 500032
BY ADVS.
SRI. BHARATH MOHAN
SRI. P.K. MANOJ KUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.15173 of 2023
3
JUDGMENT
Dated this the 21st day of May, 2025 Petitioner is the wife of deceased Ashok Kumar S., who was covered by a Group Insurance Policy taken by his employer. The petitioner submitted all documents along with the claim application on 31.10.2017. On 17.04.2018, the petitioner was informed that the amount due under the insurance claim is kept aside till the petitioner is acquitted. The petitioner was the one who had driven the car at the time of the fatal accident and the petitioner was made accused in a criminal case.
2. The petitioner was acquitted of the offence on 10.02.2022. The petitioner gave a certified copy of the judgment to the insurer on 14.03.2022. The amounts were disbursed only on 03.10.2022.
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3. The writ petition has been filed seeking payment of interest at the rate of 2% above bank rate. The petitioner would contend that as per Clause 14(2) of the Insurance Regulatory and Development Authority of India (Protection of Policyholders' Interests) Regulations, 2017, a death claim under the life insurance policy shall be paid or rejected or repudiated within 30 days. However, where the circumstances of a claim warrant an investigation in the opinion of the insurer, the investigation shall be completed expeditiously not later than 90 days from the date of receipt of claim intimation. If any delay on the part of the insurer beyond the timelines mentioned occurs, the insurer shall pay interest at a rate which is 2% above bank rate from the date of receipt of the last necessary document.
4. Counsel for the petitioner argued that she was only charged under Sections 304A and 279 of the IPC. Hence, there was no special circumstances to delay the 2025:KER:34824 WP(C) No.15173 of 2023 5 payment. All the requisite documents were given along with the insurance application. The delay in payment of insurance claim is highly arbitrary and unacceptable. In the circumstances, the petitioner is entitled to be compensated with due interest.
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2.
6. Going through the pleadings, I find that the writ petition has been filed seeking for payment of interest alone. The issue involved is an insurance contract which falls within the realm of private law. Whether there is any delay and who is responsible for the delay, are all issues involving fact adjudication which cannot be entered into in a writ petition under Article 226 of the Constitution of India.
In the afore facts of the case, the writ petition is dismissed, however, granting liberty to the petitioner to 2025:KER:34824 WP(C) No.15173 of 2023 6 approach the Integrated Grievance Management System of the IRDAI or any other appropriate forum as the petitioner may be advised.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:34824 WP(C) No.15173 of 2023 7 APPENDIX OF WP(C) 15173/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EMAIL COMMUNICATION DATED 16-04-2018 OF THE SENIOR DIVISIONAL MANAGER OF THE 1ST RESPONDENT COMPANY Exhibit P2 TRUE COPY OF THE EMAIL DATED 28-04- 2018 SENT BY THE PETITIONER'S FATHER E.M.RAJENDRAN NAIR TO THE SENIOR DIVISIONAL MANGER OF THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (PROTECTION OF POLICYHOLDERS INTEREST) REGULATIONS 2017 Exhibit P4 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER CLAIMING INTEREST DATED 20- 10-2022 MADE TO THE GRIEVANCE OFFICER OF THE 1ST RESPONDENT COMPANY Exhibit P5 TRUE COPY OF THE LETTER DATED 08-11- 2022 REJECTING THE CLAIM FOR INTEREST BY THE GRIEVANCE OFFICER OF THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE NOTIFICATION NO.
IRDA/NL-HLT/UII/P-P/V.1/378/13-14 OF THE 1ST RESPONDENT COMPANY WITH REGARD TO THE PERSONAL ACCIDENT POLICY (GROUP) DOWNLOADED FROM THE WEBSITE OF THE RESPONDENT Exhibit P7 TRUE COPY OF THE NOTIFICATION REGARDING GROUP PERSONAL ACCIDENT POLICY DOWNLOADED FROM THE WEBSITE OF 2025:KER:34824 WP(C) No.15173 of 2023 8 THE RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGEMENT DATED 04- 04-2019 IN W.P.NO. 2356/2018 OF THE BOMBAY HIGH COURT DOWNLOADED FROM WWW.JUDGEMENTS.ECOURTS.GOV.IN