Harendra Nath Srivastava v. The New India Assurance Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14921 of 2016 ====================================================== Harendra Nath Srivastava, Son of Late Makeshwar Nath Srivastava , Resident of village L.N. Nagar, Road No. 1, Lane No. 1, P.O. R.K. Ashram, Bela, Muzaffarpur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

1. The New India Assurance Company Ltd., Mumbai through its Chairman - Cum - Managing Director , ,

2. The Chairman - Cum - Managing Director, the New India Assurance Company Ltd., Mumbai , ,

3. The Chief Regional Manager, The New India Assurance Company Ltd., Regional Office, 6th & 7th Floor, BSFC Building, Frazer Road, Patna 800001 ,

4. The Regional Manager, The New India Assurance Company Ltd., Regional Office, 6th & 7th Floor, BSFC Building, Frazer Road, Patna 800001 , ,

5. The Senior Divisional Manager, The New India Assurance Company Ltd., Divisional Office, Muzaffarpur , ,

6. The Deputy Manager, The New India Assurance Company Ltd., Regional Office, 6th & 7th Floor, BSFC Building, Frazer Road, Patna 800001, , ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Pratap, Mr. Arvind Kumar Verma, Advocates For the Insurance Company :

Mr. Durgesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date : 20-07-2017 Heard learned counsel for the petitioner and the Respondent -Company.

In the facts and circumstances of the case, this writ application is being disposed of with a direction to the respondent no.2, the Chairman-cum-Managing Director, the New India Assurance Company Ltd., Mumbai to decide the

Patna High Court CWJC No.14921 of 2016() dt.20-07-2017 2/2 appeal filed by the petitioner as contained in the Annexure 20 on its own merit and in accordance with law. However, if the respondent no.2 would be of the opinion that appeal is not maintainable then he will pass a reasoned order regarding that. In case, he comes to the conclusion that appeal would lie to some other authority of the respondent-Company then he will relegate the appeal to such authority which should decide the matter in accordance with law. In any case, the decision should be taken by the competent authority on its own merit and in accordance with law expeditiously preferably within a period of three months from the date of receipt/production of a copy of this order.

sanjay ( Dr. Ravi Ranjan, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2017 Transmission Date NA