Kerala High Court
M/S. Star Health And Allied Insurance ... vs Abraham George on 4 April, 2012
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 4TH DAY OF APRIL 2012/15TH CHAITHRA 1934
OP(C).NO. 1260 OF 2012 (O)
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(I.A. NO.28 OF 2012 AND I.A. NO.29 OF 2012 IN
O.P. NO.83 OF 2011, PERMANENT LOK ADALATH, ERNAKULAM)
PETITIONER(S):
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1. M/S. STAR HEALTH AND ALLIED INSURANCE COMPANY
LIMITED, BRANCH OFFICER, 1ST FLOOR, KANNALPURAM
BUILDING, OPP. M.C. ROAD, KOTTAYAM.
2. THE DEPUTY GENERAL MANAGER,
GRIEVANCE DEPARTMENT, M/S. START HEALTH AND
ALLIED INSURANCE COMPANY LIMITED, NEW TANK
STREET, NUNGAMBAKKAM, CHENNAI - 600 034.
BY ADV. SRI.T.J.LAKSHMANAN IYER
RESPONDENT(S):
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ABRAHAM GEORGE, THANKAGIRI HOUSE,
KANKAPALAM P.O.,
ERUMELY, KOTTAYAM DISTRICT - 686 509.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C) NO.1260 OF 2012
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLIANT FILED BY THE
RESPONDENT HEREIN BEFORE THE PERMANENT LOK ADALATH, ERNAKULAM
IN O.P. NO.83 OF 2011.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE PETITIONERS HEREIN BEFORE THE PERMANENT LOK ADALATH,
ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P3 TRUE COPY OF I.A. NO.28 OF 2012 FILED BEFORE
THE PERMANENT LOK ADALATH, ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE
PERMANENT LOK ADALATH, ERNAKULAM IN I.A. NO.28 OF 2012.
EXHIBIT P5 TRUE COPY OF I.A. NO.29 OF 2012 FILED BEFORE
THE PERMANENT LOK ADALATH, ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE
PERMANENT LOK ADALATH, ERNAKULAM IN I.A. NO.29 OF 2012.
RESPONDENT(S)' EXHIBITS: NIL
TRUE COPY
P.S. TO JUDGE
THOMAS P.JOSEPH, J.
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O.(C)No.1260 of 2012
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Dated this the 04th day of April, 2012
J U D G M E N T
This Original Petition is filed in challenge of Exts.P4 and P6, orders passed by the Permanent Lok Adalath, Ernakulam rejecting the applications preferred by petitioners (respondents in the Permanent Lok Adalath) for adjournment to enable its counsel to study the case and recall P.W.2 for further cross-examination.
2. Respondent filed the original petition before the Permanent Lok Adalath on his medi-claim being rejected by petitioners, according to the respondent without any valid reason. It appears that the Law Officer of petitioners was conducting the case notwithstanding that the Peramanent Lok Adalath had ascertained whether petitioners required legal assistance. P.W2 was examined on behalf of respondent and he was cross- examined by the Law Officer of petitioners. According to the petitioners, certain questions put by the Law Officer to P.W2 were not recorded by the Permanent Lok Adalath and hence he thought it fit to get legal assistance to conduct the case further. Accordingly a lawyer appeared for petitioners on 03.04.2012 and O.P(C) No.1260 of 2012 -: 2 :- filed the above said applications requesting time to study the case and recall P.W2 for further cross-examination. Those applications were dismissed. Hence this Original Petition challenging Exts.P4 and P6, orders.
3. Respondent has appeared through counsel. It is submitted that evidence of respondent was closed on 27.02.2012 and the case was posted on 15.03.2012 but there was no request to recall P.W2. Instead, petitioners requested time to examine their panel Doctor whose address was not available with petitioners. Hence case was posted on 03.04.2012. Now the case is posted on 09.04.2012 for hearing. It is submitted by learned counsel that there is no justification in setting aside Exts.P4 and P6, orders.
4. It would appear that at the appropriate stage there was no request to recall P.W2 even if it was found necessary by the counsel who appeared on behalf of the petitioners before the Permanent Lok Adalath on 03.04.2012.
5. But having heard learned counsel on both sides and O.P(C) No.1260 of 2012 -: 3 :- having regard to the relevant circumstances I do not think that an opportunity to the petitioners to recall P.W.2 and further examine him should be denied having regard to the contentions urged before the Permanent Lok Adalath. But that should be on terms.
Original Petition is disposed of as under.
(i) Exhibits P4 and P6, orders will stand set aside and opportunity given to the petitioners to recall P.W.2 for further examination on condition that petitioners deposit with the Permanent Lok Adalath for payment to P.W2 Rs.2,000/- (Rupees Two thousand only) by way of costs within a week from this day.
(ii) On such costs being deposited, it shall be open to the petitioners to summon P.W.2 at his expense for further examination.
(iii) In case petitioners does not comply with O.P(C) No.1260 of 2012 -: 4 :- the above conditions, this Original Petition will stand dismissed in confirmation of Exts.P4 and P6, orders.
(iv) In case P.W2 is summoned for further examination the Permanent Lok Adalath will ensure that proceedings are completed as early as possible having regard to the grievance of respondent.
THOMAS P. JOSEPH, JUDGE.
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