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Patna High CourtCWJC/11057/2019dismissed

Banjeer Yadav v. The State Of Bihar

2023-03-21Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11057 of 2019 ====================================================== Banjeer Yadav Son of Late Rajbali Yadav Resident of Village Sarhatwa, P.O. and P.S. Ram Nagar, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Block Education Officer Ram Nagar, West Champaran. 3.

The Insurance Ombudsman Kalpana Arcade Building 1st Floor, Bazar Samiti Road, Bahadurpur, Patna-800006.

4.

The Bajaj Allianz Life Insurance Co. Ltd. (Pune) G Plaza Airport Road, Yerawada, Pure 411006.

5.

The Branch Manager Bajaj Allianz Life Insurance Co. Ltd. 2nd Floor, above Central Bank of India Hajarimal Dharamshala, Dharmsala Road Lal Bazar Bettiah, West Champaran, Pin Code- 845438.

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

For the Petitioner/s :

Mr. Krishna Kant, Adv.

Mr. K.K. Tiwary, Adv.

Mr. Ashok Kr. Sinha No. 2, Adv.

For the State :

Ms. Abhanjalli, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-03-2023

1. This writ petition has been filed for claiming the insurance amount. Petitioner also challenges the order of the Ombudsman. The Ombudsman is an officer of the insurance company and the claim has to be filed before the appropriate forum. Interest on the said claim can also be granted by the concerned forum available to the petitioner which are more than one, namely, Consumer Court, the permanent Lok Adalat or the Civil Court. This Court is, however, firm of its view that the

Patna High Court CWJC No.11057 of 2019(4) dt.21-03-2023 2/2 writ petition would not lie for claiming the insurance amount as it involves proving of documents and evidences.

2. The writ petition is, accordingly, dismissed with the aforesaid liberty.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 40 U