N.J. JOSEPH Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The petitioner challenges the Ext.P4 order dtd. 22/8/2024 issued by the 1st respondent, National Insurance Company Limited, repudiating his insurance claim, and the Ext.P7 Award dtd. 8/4/2025 passed by the 2nd respondent, Insurance Ombudsman, confirming the rejection of the claim.

(2.) The petitioner's son, late Mr. Aneesh Joseph, purchased a two-wheeler bearing registration No. KL-07-CJ-3027, on 21/9/2023, which was originally owned by Mr. Rajeev D. Prabhu. He submitted an online application to the Transport Department for the transfer of ownership on the same day, as evidenced by Ext.P2. The vehicle was insured with the 1st respondent, vide Ext. P1 policy bearing No. 57160031226260003655, which covers the vehicle along with a personal accident cover ('PAC' for short) for the Owner/Driver for the period from 5/1/2023 to 4/1/2024. On 27/9/2023, while driving the vehicle, Mr. Aneesh sustained fatal injuries in an accident and succumbed to the same.

(3.) The 1st respondent in the counter-affidavit contends that the writ petition is misconceived and not maintainable, since the repudiation of the claim and the Award of the Ombudsman are in strict conformity with the statutory provisions and the terms of the policy.