Kerala High Court
Unknown vs By Adv.Sri.M.R.Sudheendran
Author: A Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 4TH DAY OF JUNE 2018 / 14TH JYAISHTA, 1940
WP(C).No. 19758 of 2008
PETITIONER(S)
------------
SUMALA, W/O.LATE GOPI, 50 YEARS,
VELIMPARAMBIL HOUSE, KAKKAYAM PO., ALAPPUZHA-5
BY ADV.SRI.M.R.SUDHEENDRAN
RESPONDENT(S):
--------------
1. STATE OF KERALA, REP. BY THE CHIEF
SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE MANAGING DIRECTOR, MALSYAFED,
THIRUVANANTHAPURAM.
3. UNITED INDIA INSURANCE CO. REP. BY ITS
BRANCH MANAGER, HOSPITAL JUNCTION,, NEYYATTINKARA.
4. THE SECRETARY, KERALA MALSYA THOZHILALI
WELFARE FUND/BOARD, THRISSUR-1.
5. THE PROJECT OFFICER, MALSYAFED,
AMBALAPPUZHA.
* ADL.R6 IMPLEADED
6. THE DIRECTOR,
KERALA STATE INSURANCE DEPARTMENT,
THIRUVANANTHAPURAM.
* ADDL.R6 IS IMPLEADED AS PER ORDER DATED 07.8.2008 IN IA.NO.10323/2008.
R1 & R6 BY GOVERNMENT PLEADER SMT.VIDHYA
R2 & R5 BY ADVS. SRI.P.K.VIJAYA MOHANAN, SC,
SRI.GEORGE POONTHOTTAM, SC
SRI.T.P.PRADEEP, SC
R3 BY ADV. SRI.P.M.M.NAJEEB KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 19758 of 2008
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 27.3.2004 ISSUED BY THE KERALA
FISHERMAN DEVELOPMENT WELFARE SOCIETY.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED BY THE
KERALA FISHERMEN WELFARE BOARD.
EXHIBIT P3 TRUE COPY OF THE GO(MS)NO.387/2004/RD DATED 28.12.2004.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 18.1.2005 ISSUED BY THE TAHSILDAR,
AMBALAPUZHA.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 6.7.2005 ISSUED BY THE TAHASILDAR,
AMBALAPUZHA.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 4.1.2008 IN PLP NO.28/2007.
RESPONDENT(S)'EXHIBITS
----------------------
EXHIBIT R2(A) THE TRUE COPY OF THE POLICY WITH THE 3RD RESPONDENT UNITED
INDIA INSURANCE COMPANY.
EXHIBIT R2(B) TRUE COPY OF THE COVERING LETTER NO.P4/1285/2004-05/ALPY/02
DATED 13.1.2005.
EXHIBIT R2(C) TRUE COPY OF THE COMMUNICATION NO,100403;GEN;524;2005
DATED 03.2.2006 FROM THE 3RD RESPONDENT.
EXHIBIT R2(D) TRUE COPY OF THE COMMUNICATION NO.P41285/2004-05/ALPY /02
DATED 11.7.2008.
EXHIBIT R2(E) TRUE COPY OF THE REPORT NO.CL.NO,II/IPADS/2004-05
DATED 02.1.2005 OF THE 5TH RESPONDENT PROJECT OFFICER.
EXHIBIT R2(F) THE EXTRACT FROM THE GENERAL DAIRY DATED 27.12.2004 OF THE
ALAPPUZHA SOUTH POLICE STATION.
/TRUE COPY/
PS TO JUDGE
TS
07.06.2018
A MUHAMED MUSTAQUE, J.
---------------------------------------------
W.P.(C). No. 19758 of 2008
----------------------------------------------
Dated this the 4th day of June, 2018
JUDGMENT
The petitioner is a widow of Late Gopi, an employee under Matsyafed. Matsyafed had a Group Insurance Accident Scheme with the 3rd respondent United India Insurance Company. The Group Policy covered the risks of b