DHANAM ANEESH, PROPRIETOR Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The writ petitioner is the owner of a truck bearing registration number KL-19-L-5070, purchased from the second respondent authorised dealer. Certificate of registration is Ext.P1 and the permit to transport goods is Ext.P2. The vehicle is covered by valid insurance policy evidenced by Ext.P3. While so, the vehicle being driven carrying goods from Thiruvananthapuram to Perumbavoor, met with an accident on 28/11/2020 at Cherthala. The vehicle of the petitioner suffered major damages. Vehicle was taken to a workshop and they have given Ext.P5 estimate for a sum of Rs.10,99,562/-. Petitioner submitted necessary application to the Insurance Company claiming cashless repairs by virtue of insurance. It was replied by Ext.P11 e mail requesting him to wait for some time. Thereafter, though few mails were sent by the petitioner claiming permission to conduct cashless repairs, they were not responded. Petitioner has approached this court inter alia for a declaration that he is entitled to have the vehicle repaired in terms of Ext.P4, on cashless basis and to issue a writ or appropriate relief by directing the first respondent to accord the approval on the claim form submitted for Ext.P6, for cashless repairs.

(2.) Learned counsel for the petitioner vehemently contended that by virtue of valid insurance coverage evidenced by Ext.P3, petitioner was entitled for cashless repairs of the truck. Truck is now lying idle in the yard of the first respondent causing huge damage and loss to the petitioner, it was submitted.

(3.) There is no dispute that the vehicle is covered by valid insurance and that it met with an accident on 28/1/2020. It is pertinent to note that vehicle sustained substantial damages and hence the petitioner is claiming for one of the benefits under the insurance policy, which is cashless repairs, in any of the authorised office.