Ranjeet Kumar v. The Senior Divisional Manager National Insurance Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14665 of 2023 ====================================================== Ranjeet Kumar, Gender-Male, aged about 31 Year, Son of Subhash Mandal, Resident of Gangapur Kutchery Tola, Ward No. 05, P.S- Kishanpur (Ratwara O.P), District Madhepura.

... ... Petitioner/s

Versus

1.

The Senior Divisional Manager National Insurance Company Ltd. Bhagalpur.

2.

The Principal Branch Manager, 3 Middleton Street, Kolkata. 3.

The Regional Manager, Patna, Regional Office, Patna National Insurance Co. Ltd. 4th Floor Sone Bhawan, Birchand Path, Patna. 4.

The Deputy Manager and CPIO Patna, Regional Office, National Insurance Co. Ltd. 4th Floor Sone Bhawan, Birchand Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Kumar Pandey, Adv.

For the Respondent/s :

Mr. Mritunjay Kumar, Adv.

Mr. Vibhuti Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 04-12-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "For issuance of an appropriate writ/writs in the nature of mandamus commanding and directing the respondents to pay insurance amount of vehicle Pickup Van No BR-11GC-3584 which is insured with the respondent for which the petitioner paid the insurance amount. The said vehicle was snatched try four unknown persons for which the FIR lodged in Chausa P.S. Case No.

104/2021 in which the police after investigation the police submitted charge

Patna High Court CWJC No.14665 of 2023(2) dt.04-12-2023 2/3 sheet with clear find in that the case is true The respondent Insurance Company is not taking any heed on the same excuse that the FLR has been lodged after today soon after snatching of the vehicle the petitioner by known accused persons after theft the petitioner made an application to the S.H.O. Chausa for lodging an F.I.R which was not lodged then the petitioner filed a criminal writ petition in Cr. W.J.C.

No. 674 of 2021 for lodging an F.I.R, during pendency of the said criminal writ, the police lodged an FLT but lodged on 22.09.2021 however the police submitted charge sheet showing case true."

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 was stolen by some unknown persons. Learned counsel has stated that a criminal case has been booked, 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 writ petition.

5. Having regard to the above made submission, the

Patna High Court CWJC No.14665 of 2023(2) dt.04-12-2023 3/3 present writ petition is disposed off 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 off the case as expeditiously as possible preferably within a period of twelve weeks thereof.

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