Kerala High Court
P K Maneesha vs Union Of India on 13 February, 2026
W.P.(C) No.17898 of 2022 1
2026:KER:13305
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 17898 OF 2022
PETITIONER:
P K MANEESHA,AGED 33 YEARS
W/O. LATE SHYAM LAL, KOOMBEL NIKARTH,
AROOKUTTY. P.O, CHERTHALA.
ALAPPUZHA-688535
BY ADVS.
SHRI.R.SANJITH
SMT.SHALU JOSE
SHRI.SURAJ KRISHNAN
SHRI.ANOOP GEORGE
SMT.P.S.ANJU
SMT.C.S.SINDHU KRISHNAH
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF FINANCE, 3RD FLOOR,
JEEVANDEEP BUILDING, SANSAD MARG,
NEW DELHI, DELHI-110001
REPRESENTED BY ITS SECRETARY.
2 PUNJAB NATIONAL BANK,
CORPORATE OFFICE, PLOT NO. 4,
SECTOR-10, DWARKA, NEW DELHI-110075.
REPRESENTED BY ITS MANAGER.
3 PUNJAB NATIONAL BANK.
BO, KATHRIKADAVU, ERNAKULAM-682017
REPRESENTED BY ITS MANAGER.
4 THE ORIENTAL INSURANCE COMPANY LIMITED,
D.O-3 (CODE NO.272200) 4E/14 AZAD BHAWAN,
JHANDEWALAN EXTN, NEW DELHI-55.
W.P.(C) No.17898 of 2022 2
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REPRESENTED BY ITS MANAGER.
5 CENTRALIZED RECEIPT AND PROCESSING CENTRE (CRPC),
RESERVE BANK OF INDIA, 4TH FLOOR, SECTOR 17,
CHANDIGARH-1600.7 REPRESENTED BY ITS DIRECTOR.
6 THE BANKING OMBUDSMAN,
OFFICE OF THE BANKING OMBUDSMAN,
RESERVE BANK OF INDIA BUILDING, (1ST FLOOR),
BAKERY JUNCTION, THIRUVANANTHAPURAM-695033
BY ADVS.
SRI.R.PREM SANKAR
SHRI.SANTHEEP ANKARATH, SC, PUNJAB NATIONAL BANK
SRI.GEORGE A.CHERIAN
SRI.GEORGE CHERIAN (SR.)
SMT.ANNA JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17898 of 2022 3
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.17898 of 2022
.................................................................
Dated this the 13th day of February, 2026
JUDGMENT
Petitioner has approached this Court seeking the following reliefs:
"1. To issue a writ of mandamus and direct respondents 2 and 3 to pay a compensation of Rs. 2,00,000/- (Rupees Two Lakhs only) along with 18% interest from 05-06-2016 till the date of realization to the petitioner towards the loss suffered by her due to the negligence and dereliction of duty casted upon them under law.
2. To call for the records leading to the issuance of Exhibit P10, examine its legality, propriety and quash the same to the extent to which same is prejudiced to the interest of the petitioner by issuing a writ of certiorari.
3. To issue a writ of mandamus and direct 6th respondent to consider and pass fresh orders on Exhibit P9 complaint preferred by the petitioner after serving her a copy of the statement/reply/explanation submitted by the respondent bank and affording her an opportunity of hearing, within a time frame to be fixed by this Honorable Court.
4. To pass such other orders as may be necessary in the facts and circumstances of the case.
5. To Award cost of this proceedings to the petitioner."
2. Petitioner is the wife of late Shyam Lal, who died in a boat accident on 05.06.2015. He was a subscriber to the Pradhan Mantri Suraksha Bima Yojana Scheme (PMSBY Scheme) and the petitioner was W.P.(C) No.17898 of 2022 4 2026:KER:13305 the nominee. Petitioner has approached this Court aggrieved by the closure of the complaint preferred by her by the 6 th respondent. PMSBY Scheme is an accidental death and disability insurance scheme launched by the 1st respondent. By joining the Scheme and by paying a nominal premium of Rs.12/- per person per year, he or she will get an insurance coverage of an amount of Rs.2,00,000/- in case of accidental death. The scheme is valid for a year and can be renewed every year, for which every person has to open a bank account and then ensure the availability of at least Rs.12/- as on 1st of June of each year to ensure automatic renewal of the Scheme. As per the Scheme, there is an option to go for a long term inclusion in the Scheme by instructing the bank to auto renew the Scheme every year and the petitioner's deceased husband availed the said Scheme through respondents 2 and 3. The dereliction and negligence on the part of respondents 2 and 3 in timely effecting the auto debit of the premium of Rs.12/- on 1st June, 2016, has resulted in rejection of the claim of the petitioner under PMSBY Scheme on the death of her husband by Ext.P1. Petitioner relies on Ext.P5 bank statement to show that as on 01.06.2016, an amount of Rs.19,000/- is seen credited in the account of the petitioner's husband. Alleging inaction, Ext.P9 complaint was preferred before the 6th respondent against the bank, which has been disposed of as per Ext.P10, wherein the following directions were issued:
"(i) the Punjab National Bank has been advised to provide all W.P.(C) No.17898 of 2022 5 2026:KER:13305 assistance to the complainant in getting the claim with Oriental Insurance Company reprocessed and
(ii) the bank is advised to pay Rs.20,000/- before 11.04.2022 to the complainant for mental agony."
It is aggrieved by the same that the present writ petition has been filed.
3. Respondent bank submits that the amount of Rs.20,000/- has already been paid to the petitioner. The stand taken by the respondent bank is that the negligence attributed to the bank is without any basis. It is submitted that when the petitioner's husband adopted the PMSBY Scheme, Ext.R3(a) consent-cum-declaration form has been signed by him, whereby authorising the bank to debit from his savings bank account an amount of Rs.12/- on or before 31 st May of every succeeding year until further instructions are given. The specific contention of the learned counsel appearing for the bank is that as on 31.05.2016 no amount was available in the account of the petitioner's husband. But the learned counsel for the petitioner submits that the bank has certain duties to be complied as per Ext.R3(b) communication issued by the Ministry of Finance, Department of Financial Services, wherein paragraph 2 reads as follows:
"2. The following Action Plan, to ensure that subscribers to these schemes renew their subscriptions for the next year and sufficient funds are accordingly available in their bank accounts for auto debit of premium by 31st May, 2016, has been finalised in a meeting held with representatives of Banks and Insurers in DFS:W.P.(C) No.17898 of 2022 6
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i) Renewal drive to be undertaken from first week of May, 2016 to publicize and make subscribers aware of the need to keep sufficient balance in their bank accounts for auto debit of the renewal premium of Rs.330/- for PMJJBY and Rs.12 for PMSBY between 26th May, 2016 and 1st June, 2016.
ii) Banks and Insurers to act in unison and utilise their IT infrastructure for procuring mobile numbers of the subscribers and sending SMS/Voice Blast based messages in vernacular languages for renewal of schemes and the need to have sufficient bank balance. Reminders to be sent by email in case email ids are available. A minimum of three SMS reminders have to be sent.
iii) Banners to be put up by Banks in all their branches as per the format devised by Mission Office, DFS.
iv) Wide publicity through radio, TV and print media in regional languages to be made by the committee comprising of members from LIC, GIPSA, IBA and IRDA with LIC as the coordinator.
v) LDMs/District Collectors in States to be sensitised through SLBCs towards ensuring spread of message concerning renewal of schemes in each Gram Panchayat.
vi) In the second week of May, 2016; Banks to focus more on those Bank accounts that have insufficient balance for auto debit of premium under these schemes.
vii) It was noted that there is a gap of approximately 7% between enrollment and auto debit of premium in case of PMSBY and approximately 10% between enrollment and auto debit of premium in case of PMJJBY. Need for reconciliation of these gaps was stressed upon and it was decided to ensure reconciliation of all gaps as on 31st December, 2015 on priority. It was also decided that henceforth fifteen days is the maximum time that Banks would be allowed for reconciliation of any gaps between enrollment and auto debit of premium in case of PMJJBY and PMSBY.W.P.(C) No.17898 of 2022 7
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viii) LIC to formulate and furnish to this Department along with Budget, a communication strategy encompassing the aforesaid aspects of publicity and awareness building raised in the meeting."
Going by the same, it was the duty of the bank to publicize and make subscribers aware of the need to keep sufficient balance in their bank accounts for auto debit of the renewal premium between 26 th May, 2016 and 1st June, 2016. A further direction was issued to the banks and insurers to act in unison and utilise their IT infrastructure for procuring mobile numbers of the subscribers and send SMS/Voice Blast based messages in vernacular languages for renewal of schemes and the need to have sufficient bank balance. Reminders are also to be sent by email in case email ids are available and a minimum of three SMS reminders have to be sent. Petitioner submits that the said direction in Ext.R3(b) has not been complied with by the bank. Going by Ext.R3(b), the subscribers were to be notified that there should be sufficient amount for auto debit of the renewal premium between 26th May, 2016 and 1st June, 2016 and on the basis of the same, petitioner would contend, relying on Ext.P5, that as on 01.06.2016 there was sufficient amount in the account of the petitioner's husband and therefore, the bank ought to have debited the said amount for payment of the premium. On a perusal of Ext.P10 proceedings, I find that the 6th respondent has not taken any proper decision on the complaint preferred by the petitioner, except to direct the Punjab National Bank to W.P.(C) No.17898 of 2022 8 2026:KER:13305 provide all assistance to the complainant in getting the claim with Oriental Insurance Company reprocessed. Rather than issuing such a direction, the 6th respondent ought to have taken a decision on the claim made by the petitioner. Therefore, I am of the view that the matter requires reconsideration at the hands of the 6th respondent. Accordingly, the above writ petition is disposed of directing the 6th respondent to reconsider Ext.P9 complaint preferred by the petitioner, taking into consideration the observations made above and after affording an opportunity of being heard to the petitioner and 3rd respondent. A decision in this regard shall be taken within an outer limit of three months from the date of receipt of a copy of the judgment.
Sd/-
VIJU ABRAHAM JUDGE cks W.P.(C) No.17898 of 2022 9 2026:KER:13305 APPENDIX OF WP(C) NO. 17898 OF 2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 05/05/2017 ISSUED BY THE 4TH RESPONDENT REJECTING THE INSURANCE CLAIM.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE.
ISSUED BY GOVERNMENT OF KERALA.
Exhibit P3 TRUE COPY OF THE POST MORTEM
CERTIFICATE.
Exhibit P4 TRUE COPY OF THE FIRST INFORMATION
REPORT.
Exhibit P5 TRUE COPY OF THE ACCOUNT STATEMENT OF
LATE SHYAM LAL PERTAINING TO THE PERIOD
05/05/2015 TO 05/05/2017.
Exhibit P6 TRUE COPY OF JUDGMENT OF THE HONOURABLE
HIGH COURT OF KERALA DATED 11.01.2022 IN
WP(C) NO. 20820 OF 2017
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
21/10/2021 PREFERRED BY PETITIONER.
Exhibit P8 TRUE COPY OF THE POSTAL TRACKING
INFORMATION REPORT.
Exhibit P9 TRUE COPY OF THE COMPLAINT DATED
16/02/2022 TO 5TH RESPONDENT PREFERRED
BY THE PETITIONER.
Exhibit P10 TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 01-04-2022 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER.
RESPONDENT EXHIBITS
EXHIBIT R3 ( a ) True copy of consent cum declaration
form dated 14.05.2015 submitted by the
deceased husband of the petitioner.
EXHIBIT R3 ( b ) True copy of the notification dated
07.03.2016 issued by the Department of
Financial Services, Ministry of Finance
EXHIBIT R3 ( c ) True copy of communication dated
11.4.2022 forwarded by the respondent
bank to the 4th respondent.