IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2854 of 2004(M)
1. USHA M. MENON, MAYUR, XXIX/12,
... Petitioner
Vs
1. UNION OF INDIA REP. BY THE HOME
... Respondent
2. HIGH COMMISSIONER OF SINGAPORE
3. M/S. ASSURANCE FOREIGNERS GARD
4. DIRECTOR, M/S. SINGA SHIP
5. STATE OF KERALA REP. BY
For Petitioner :SRI.A.K.ALEX
For Respondent :SRI.JOHN VARGHESE, SCGSC
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :18/07/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.2854 of 2004
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Dated 18th July, 2008.
J U D G M E N T
The writ petition is filed mainly with the following
prayers :-
(i) “Issue a writ of mandamus or any other appropriate writ,
order or direction, directing the respondents 3 and 4 to consider
and dispose of Ext.P6.
(ii) issue a writ of mandamus or any other appropriate writ,
order or direction, directing the respondents 1 to 4 to consider
and dispose of Ext.P7.
(iii) issue a writ of mandamus or any other appropriate writ,
order or direction directing the 5th respondent to consider and
dispose of Ext.P8.”
The prayer is essentially for compensation as per the accident
insurance policy. The stand taken on the counter affidavit filed by
the third respondent is that the death of the petitioner’s husband
is natural death and it is not covered by the Insurance policy. In
view of the disputed facts, the remedy open to the petitioner is to
approach the civil court. Without prejudice to the liberty to the
petitioner to move the civil court, and making it clear that in the
event of such a remedy being pursued, the time taken for
prosecuting the writ petition shall stand excluded while computing
the period of limitation, this writ petition is dismissed.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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W.P.(C) No.2854 of 2004
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J U D G M E N T
Dated 18th July, 2008.