NATIONAL INSURANCE CO.LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed challenging the judgment dtd. 14/10/2022 of the learned Single Judge in W.P.(C) No.21669 of 2012. Appellant was the petitioner in the said W.P.(C), and respondents were the respondents therein.

(2.) The Writ Petition was filed seeking to quash Ext.P9 award dtd. 3/1/2012 of the Insurance Ombudsman, Kochi, in Complaint No.IO/KCH/GI/11-003-986/2010-11. The Ombudsman vide the said order directed the appellant Insurance Company to pay an amount of Rs.7,00,000.00 to the 4th respondent, towards the sum insured under a group insurance policy covering her husband, who had died in an accident.

(3.) The brief facts pertaining to the subject matter are as follows : The husband of the 4th respondent, K.S.Shibu, was a Lascar in the Irrigation Department of the Government of Kerala. He had been covered under a Group Personal Accident Policy (GPA policy) issued by the appellant Insurance Company to cover Government employees and teachers. On 19/5/2009, the petitioner's husband died of injuries suffered in a motor vehicle accident involving a collision between the motorcycle driven by him and a tourist bus. The 4th respondent preferred a claim with the appellant insurer invoking the policy. The claim was rejected by the appellant insurer, stating that the same is hit by a clause in the policy which stipulated that death occurred while the deceased was under the influence of intoxicating liquor or drugs will be an exclusion of liability. The repudiation of the claim was challenged by the 4th respondent before the Insurance Ombudsman. After hearing both sides, the Ombudsman rendered the impugned order inter alia holding that the