Neelam Devi v. Sbi General Insurance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12732 of 2023 ====================================================== Neelam Devi, Wife of Late Satyendra Narayan Singh, Resident of Vir Kunwar Singh Nagar, New Area, Aurangabad, Bihar 824101 ... ... Petitioner/s

Versus

1.

SBI General Insurance through its Chairman having registered Office at SBI General Insurance Company Ltd, 9th Floor, A and B Wing, Fulcrum Building, Sahar Road, Andheri (east), Mumbai 400099 2.

The Chairman, SBI General Insurance Company Ltd., 9th Floor, A and B Wing, Fulcrum Building, Sahar Road, Andheri (East), Mumbai 400099 3.

Regional Claims Head, SBI General Insurance Company Ltd., Koikata, West Bengal.

4.

The Manager, SBI General Insurance Company Ltd, SBI General Insurance Company Limited at No 401, 4th Floor, Patna One Mall, Dak Bungalow Chowk, Patna-800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjev Kumar Mishra, Adv.

Mr.Manini Jaiswal, Adv.

For the Respondent/s :

Mr.Durgesh Kumar Singh, Adv.

Mr. Abhijeet Kumr Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-12-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "i) For direction upon the respondent authorities to pay the insured value of the car Hyundai Creta amounting to Rs. 8,50,500.00 to the petitioner who is the legally wedded wife, the nominee of late Satendra Narayan Singh who happens to be the owner of the car.

(ii) The petitioner further prays to pay the suitable interest over the admiteed dues to the petitioner forthwith.

(iii) Any other order or orders as your

Patna High Court CWJC No.12732 of 2023(4) dt.03-12-2024 2/3 Lordships may deem fit and proper in the facts and circumstances of the case be granted to the petitioner."

3. Learned counsel for the petitioner has stated that the authorities in spite of there been a valid insurance policy are not paying the insurance amount for the vehicle that met with an accident and in which the husband of the petitioner died. Learned counsel has stated that an FIR has been registered, however, till date the respondent-insurance authorities are not paying the insurance amount.

4. Learned counsel appearing on behalf of the respondents has stated that the petitioner has an alternative and efficacious remedy of approaching the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017 and prayed for dismissing the present writ petition.

5. Having regard to the above made submissions, the present writ petition is disposed of with a direction to the petitioner to approach the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017 within a period of two weeks from the date of the receipt of the copy of this order. On receipt of the same, the ombudsman shall endeavour to dispose of the case as expeditiously as possible preferably within a period of twelve weeks thereof.

Patna High Court CWJC No.12732 of 2023(4) dt.03-12-2024 3/3

6. With the above directions, the present writ petition stands disposed of to the extent indicated above. (A. Abhishek Reddy , J) Bhardwaj/- U