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Showing contexts for: matsyafed in Alli vs United India Insurance Company Ltd on 6 February, 2008Matching Fragments
The prayer made in this writ petition is for directing the respondents to disburse the full insurance amount of Rs.1,50,000/- to the petitioners, who are the legal heirs of the deceased Asokan, Nediyirippu House, Puthuvypu.
2. According to the petitioners, Asokan was a fisherman for whose welfare the 2nd respondent had subscribed a policy with the 1st respondent. In terms of the conditions of the policy, if a fisherman dies by drowning during the course of fishing, the legal heirs are entitled to the insurance amount. It is stated that on 4/12/2004, the deceased went for fishing at 7.30 P.M. and when he did not return the next day morning, a First Information Report was lodged and Crime No.493/04 was also registered by the Narackal Police Station. It is stated that the dead body was found lying in the river nearby Matsyafed Auction Centre in Puthuvypu Village and was subjected to postmortem, the report of which is Ext.P3 and Ext.P2 is the death certificate. Ext.P3 postmortem gives opinion of the Surgeon regarding the cause of death as due to drowning. Despite all these, the Insurance Company issued Ext.P5 stating that considering the facts of the case including the unexplained/uncorrelated parts of the postmortem, they will settle the claim on non-standard basis at 50% of the capital sum insured at Rs.75,000/- as a special case. It is challenging this order that the writ petition has been filed.