Anil Kumar Singh v. The Insurance Ombudsman

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4789 of 2023 ====================================================== Anil Kumar Singh Son of Vikrama Singh, Resident of Village - Pandey Dihari, P.S. - Karakat Gorari, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The Insurance Ombudsman 2nd floor, North Wing Lalit Bhawan, Bailey Road Patna, 800001.

2.

The Assistant Secretary office of the Insurance Ombudsman, 2nd floor, North wing Lalit Bhawan, Bailey Road Patna, 800001. 3.

The Chairman, Insurance Regulatory And Development Authority, Parishrama Bhavan, Basheerbagh, Hyderabad 500004. 4.

The Branch Manager Bajaj Allianz, Barma Complex, Civil line, JT Road, Sasaram (Rohtas) Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-04-2023 The petitioner, by way of this writ petition, has prayed as under:- "1. That this is an application for issuance of a direction to the respondent authorities to pay the amount of claim of Insurance to the petitioner as per the policy No. OG-20-2450-4001-00000296 and policy no.0G-20-2450-4010-00000914, purchased by him from the respondent no.4 under product namely Standard Fire and Special Perils Policy and Burglary Insurance respectively for his shop with all

Patna High Court CWJC No.4789 of 2023(2) dt.20-04-2023 2/2 consequential benefits and further the petitioner prays for a direction to pay the claimed amount with interest and also for the cost of litigation and/or for issuance of such other order or direction to which the petitioner may be found legally entitled to in the facts and circumstances of the case as stated hereinunder."

2. Keeping in view the law laid down by the Apex Court in the case of South Indian Bank Ltd., & Ors., Vs. Naveen Mathew Philip & Anr., reported in 2023 SCC Online SC 435, as there is a statutory alternative remedy available to the petitioner for redressal of grievances raised as above, the petitioner is granted liberty to avail the alternative remedies available to him.

3. Granting such liberty to the petitioner, the present writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 45 U