Shio Shankar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.19556 of 2015 dt.12-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19556 of 2015 =========================================================== Shio Shankar Singh Son of late Banke Bihari Singh, Resident of Village Dumariya, P.S Terari, District Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar through its Secretary, Department of Transport, Govt. of Bihar, Patna.

2. The District Transport Officer, Rohtas at Sasaram.

3. The Officer-in-Charge, Sasaram town Police Station, Sasaram District Rohtas at Sasaram.

4. The Manager, Tata AIG General Insurance Company Ltd., Kolkata. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate. For the State : Mr. Sarvesh Kumar Singh, AAG-13 Mr. Ravi Kumar, AC to AAG-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-09-2018 As prayed, learned counsel for the petitioner is permitted to make correction by substituting the words "respondent no. 5" with the words "respondent no. 4" wherever they occur in the writ petition, in course of the day.

2. The present writ petition has been filed for a direction to the respondents to make payment of Insurance Claim in respect of the damaged Dumper vide Registration No. JH/10R-1444 seized under Sasaram Town P.S. Case No. 975/2011 instituted on 21.10.2011 since the petitioner is the owner of the said vehicle in question.

3. Learned counsel for the petitioner states that as

Patna High Court CWJC No.19556 of 2015 dt.12-09-2018 many as 18 vehicles including the vehicle of the petitioner were set on fire by a unlawful mob on 21.10.2011, pursuant to which the petitioner lodged the claim with the Insurance Company (respondent no. 4). A claim no. 620914689 dated 05.10.2015 was allotted to the petitioner and the Surveyor visited on 08.10.2015 but the claim has not been processed thereafter.

4. Having regard to the nature of the grievance of the petitioner, the writ petition is disposed of granting liberty to the petitioner to approach the Manager, Tata AIG General Insurance Company Ltd., Kolkata (respondent no. 4) with an appropriate representation within a period of two weeks from today. If any such representation is filed within the stipulated period, the respondent no. 4 shall consider and dispose of the same ensuring settlement of the claim on its own merits and in accordance with law expeditiously and in any event preferably within a further period of four months thereafter.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18.09.2018 Transmission Date N.A.