Kerala High Court
Antony vs State Of Kerala on 23 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:54668
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 15438 OF 2023
PETITIONER:
ANTONY
AGED 57 YEARS
S/O.PETER, PUTHENTHOPPIL PADINJATTATHIL,
NEENDAKARA P.O, KOLLAM, PIN - 691582
BY ADVS.
SRI.K.SIJU
SRI.S.ABHILASH
SMT.ANJANA KANNATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE DEPARTMENT OF
FISHERIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD NO. F(T) 738
'MATSYAFED', KAMALESWARAM,
MANACAUD P.O., THIRUVANANTHAPURAM
REPRESENTED BY MANAGING DIRECTOR, PIN - 695009
3 KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD NO. F(T) 738
'MATSYAFED', DISTRICT OFFICE,NEENDAKARA, KOLLAM
REPRESENTED BY ITS DISTRICT MANAGER, PIN -691582
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4 NEENDAKARA MATSYATHOZHILALI DEVELOPMENT WELFARE
SOCIETY LTD, DFQ 47/92 NEENDAKARA, KOLLAM
REPRESENTED BY ITS SECRETARY, PIN - 691582
5 THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LTD.,
2ND FLOOR, MALANKARA BUILDING, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695034
6 THE INSURANCE OMBUDSMAN
PULINAT BUILDING, 2ND FLOOR ATLANTIS JUNCTION,
MAHATMA GANDHI ROAD, PERUMANOOR, KOCHI
REPRESENTED BY ITS SECRETARY, PIN - 682015
BY ADVs.
SRI.T.P.PRADEEP, SC
SRI.P.L.MANOJKUMAR, SC
SRI.DHEERAJ A.S., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO. 15438 OF 2023 :3: 2025:KER:54668
N. NAGARESH, J.
===========================
W.P.(C) No. 15438 of 2023
============================
Dated this the 23rd day of July, 2025
JUDGMENT
The petitioner's children Francis Assisi and Jose Antony died in a motor traffic accident on 8.12.2018. Since the petitioner and his deceased children are fishermen, the 2 nd respondent-Matsyafed in association with the 5 th respondent had taken a group insurance policy to cover accidents. They were members of the 4th respondent society and enrolled in the insurance scheme. After the accident, the petitioner submitted necessary application through the respondents 2 to 4 for insurance claim. The 5th respondent repudiated the claim on untenable grounds and communicated to the 2nd respondent.
2. The respondents 2 to 4 have not taken any steps to challenge Ext.P4 and P6 by which the claim was repudiated. On receipt of information, the petitioner preferred Ext.P9 and P9(a) before the 6th respondent Ombudsman. The WP(C)NO. 15438 OF 2023 :4: 2025:KER:54668 Ombudsman without notice to the petitioner and without hearing the petitioner, rejected the claim as per Ext.P10 and P10(a). Even the copy of Ext.P10 and P10(a) was not communicated to the petitioner. The petitioner is prejudiced by the violation of principles of natural justice and dismissal of the complaint by the Ombudsman. Hence the petitioner is challenging Ext.P10 and P10(a) and is seeking to consider the complaint on merit.
3. I have heard the learned counsel for the petitioner, learned Government Pleader representing the 1 st respondent, Standing Counsel appearing for the 2 nd and 3rd respondents and Standing Counsel appearing for the 5th respondent.
4. It is evident from the pleading that the petitioner's application before the Ombudsman was stated to be replied as per Ext.P10 letter dated 16.03.2021. As per Ext.P10 letter, the petitioner was required to produce certain documents enlisted as (a) to (i). The documents had to be produced within 45 days.
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5. It is the specific case of the petitioner that petitioner did not receive a copy of Ext.P10. The petitioner received Ext.P10 only after 45 days. The petitioner sent Adv.Renuka to the Office of the Ombudsman seeking to check the status of the complaint filed by the petitioner. By the time, 45 days period had lapsed.
6. The facts being so, I am of the view that unless the petitioner is given an opportunity to adduce evidence and establish the case before the Ombudsman, the petitioner will be put to injustice.
In the circumstances, the writ petition is disposed of directing that if the petitioner provides the documents as stated in Ext.P10 within a period of one month from today, the 6 th respondent Ombudsman shall consider the same and pass appropriate orders after giving an opportunity of hearing to the petitioner as well as the Insurance Company.
Sd/-
N. NAGARESH JUDGE nk WP(C)NO. 15438 OF 2023 :6: 2025:KER:54668 APPENDIX OF WP(C) 15438/2023 PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF FIR DATED 8.12.2018 IN CRIME NO.1096/2018 OF KOLLAM WEST POLICE STATION EXHIBIT P1(A) THE COPY OF FINAL REPORT DATED 20.2.2019 IN CRIME NO.1096/2018 OF KOLLAM WEST POLICE STATION EXHIBIT P2 THE POSTMORTEM CERTIFICATES OF THE DECEASED FRANCIS ASSISI DATED 8.12.2018 EXHIBIT P2(A) THE POSTMORTEM CERTIFICATE OF JOSE ANTONY DATED 8.12.2018 EXHIBIT P3 THE COPY OF LETTER DATED 13.3.2020 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT EXHIBIT P4 THE COPY OF LETTER OF REPUDIATION DATED 22.1.2020 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P5 THE COPY OF LETTER DATED 1.7.2020 ISSUED BY THE 3RD RESPONDENT TO THE PROJECT OFFICER, VADDY EXHIBIT P6 THE COPY OF LETTER OF REPUDIATION ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT DATED 17.3.2020 EXHIBIT P7 THE COPY OF LEGAL NOTICE DATED 2.11.2020 ISSUED BY THE PETITIONER TO THE RESPONDENTS 2 TO 5 EXHIBIT P8 THE COPY OF REPLY NOTICE DATED 7.12.2020 EXHIBIT P9 THE COPY OF THE RELEVANT PAGE COMPLAINT DATED 3.3.2021 FILED BEFORE THE 6TH RESPONDENT PERTAINING TO THE DEATH OF FRANCIS ASSISI WP(C)NO. 15438 OF 2023 :7: 2025:KER:54668 EXHIBIT P9(A) THE COPY OF RELEVANT PAGE OF COMPLAINT DATED 23.4.2021 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT PERTAINING TO THE DEATH OF JOSE ANTONY EXHIBIT P10 THE COPY OF LETTER DATED 16.3.2021 PERTAINING TO EXT.P9 EXHIBIT P10(A) THE COPY OF LETTER DATED 12.5.2021 PERTAINING TO EXT. P9(A) Exhibit P11 THE COPY OF COMMON AWARD PASSED BY THE MACT, KOLLAM IN OP(MV) NO.1810/2019 AND CONNECTED CASES Exhibit P12 THE COPY OF PROCEEDINGS OF THE COMMISSIONER, KERALA STATE FISHERMEN WELFARE FUND BOARD DATED 2.12.2022