M. B. KOYAKUTTY Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Being aggrieved by the judgment dtd. 26/4/2021 in W.P.(C) No. 9912 of 2015 declining to grant interest for the alleged delay for the refund of an undeclared amount of Rs.50,170.00 liable to be refunded to the appellant for the year 2004-2005 on the expiry of the policy, instant writ appeal is filed.

(2.) Writ petitioner, a Marine Insurance policy holder, has made a Complaint No.10/KCH/Gi/11-005-159/2006-07 before the Insurance Ombudsman, Kochi. The averments made in the complaint, as summarised in Ext. P8 award, are reproduced hereunder: "2. The main allegations in the complaint reads as below: For the last several years, on behalf of his proprietorship concern, the complainant had taken the Marine Insurance Policy from the insurer a sum of Rs.50170.00 was paid in excess of the premium amounts. The complainant had on various occasions contacted the insurer to make refund of the same, it was in no use, hence the complaint.

(3.) On registration of the complaint notices under relevant forms were issued to either side for appearance of parties and for their pleadings. In response to the said notice the complainant had filed P-II form on 13/10/2006 reiterating the allegations in the original complaint, whereas the respondent had filed a selfcontained note on 26,10.2006 reputing the claim on the following contentions: In furtherance to the request for refund of undeclared balance from the complainant, the insurer had from their records found that there was an undeclared balance of Rs.23,70,000.00 under policy No.128/2004, whereas there was over declaration to the tune of Rs.18,88,000.00 under Pol.No.129/2004 pertaining to M/s. Mezhukkattil Mills, a sister concern of the complainant. On expiry of the policies an amount of Rs.9471.00 was due for the complainant's concern and recovery of Rs.7544.00 was to be effected from M/s. Mezhukkattil Mills. Instead of the complainant, the cheque for refund was wrongly drawn in favour of M/s. Mezhukkattil Mills vide letter dtd. 30/3/2006. The complainant's request for refund on policies for the year 2001 was received only in 2005; the amount was not paid as the Company had no provision for refund on policies which had expired long back." 3. Earlier, the Insurance Ombudsman directed refund of Rs.9,471.00 only. Being aggrieved by the said award dtd. 28/11/2006, appellant has filed W.P.(C) No.20193 of 2007. Before the writ court, the appellant/writ petitioner has contended that a sum of Rs.50,170.00 was liable to be refunded.