S. RAJESH MAHADEVAN Vs. INSURANCE OMBUDSMAN

JUDGEMENT

(1.) The petitioner namely, S.Rajesh Mahadevan has taken a personal accident insurance policy in Policy No.PASBIG0010. As per the policy, the period of insurance was from 12.01.2007 to 11.01.2008 and a one time premium for the said policy was Rs. 1,935.00. The petitioner's father died due to head injury from an accidental fall on 03.02.2007 and therefore, when he claimed for the benefits of the policy, the same came to be rejected on the main ground that the petitioner's father had crossed the age of 70 years and that there was no records to substantiate that he was less than 70 years. When the matter was referred before the Ombudsman, a similar order came to be passed on 19.12.2008. Challenging the same, the present writ petition has been filed before this Court.

(2.) Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner and Mr.S.Srinivasaraghavan, learned counsel appearing for the second respondent.

(3.) The learned counsel for the petitioner submitted that the policy was a valid insurance policy and within the period of policy, the petitioner's father died on 002.2007 in an accident. As such, the petitioner is entitled for the benefits of the policy. He further submitted that all the records possessed by the petitioner including the Church Registration Membership, Voter ID, Family card, Postmortem Report etc., showing that the petitioner's father was aged less than 70 years and therefore, there was no impediment for the second respondent to release the benefit amount.