M/S. Samarpana Charitable Trust v. The Insurance Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.10025 of 2024 M/s. Samarpana Charitable Trust, New No. 4, Old No. 60, Venkatanarayana Road, T.Nagar, Chennai - 600 017.
Represented by its Authorised Person, Mr.K.Meiyanathan ... Petitioner Vs.
1.
The Insurance Regulatory Development Authority of India (IRDAI) Rep. by its Chairman, Mr.Debasish Panda No. 115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad - 500 032.
2.
M/s. ICICI Lombard General Insurance Company Limited, Registered Office, ICICI Lombard House, No. 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai - 400 025.
Represented by its Managing Director, Chief Executive Officer, Mr. Sanjeev Mantri.
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3.
M/s. ICICI Lombard General Insurance Co. Limited, Rep. by Senior Manager, Unit No. 684-690, Third Floor, Seethakathi Business Centre, No. 4, Moores Road, Thousand Lights, Chennai - 600 006.
...Respondents
Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus directing the first respondent to take necessary action as against the second and third respondents for denying the payments to the petitioner and consequently direct the second and third respondents to pay the sum of Rs. 1,02,37,423/-( Rupees One Crores Two Lakhs Thirty Seven Thousand Four Hundred and Twenty Three only) in terms of the Business Shield SME Policy No. 1020/311050175/00/000 and the cost of Rs. 50,000/- to the petitioner.
For Petitioner : Mr.H.M.Farooq
O R D E R
The writ of mandamus has been instituted to direct the 1st respondent to take necessary action against the 2nd and 3rd respondent for denying the payments to the petitioner and consequently direct the second and third respondents to pay a sum of Rs. 1,02,37,423/- ( Rupees One Crores Two Lakhs Thirty Seven Thousand Four Hundred and Twenty Three only) in terms of the Business Shield SME Policy No. 1020/311050175/00/000 and the cost of Rs. 50,000/- to the petitioner.
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2.
The claim of the writ petitioner against the Insurance Company is to be redressed by approaching the competent Forum constituted for resolving the disputes in Insurance Policy matters. The Writ Court cannot adjudicate the disputed facts of contractual in nature. The policy is governed under certain terms and conditions, which requires an adjudication based on the documents and evidences available on record. High Court in a writ proceedings cannot conduct a roving enquiry and the relief sought for is to settle the money claim. Therefore, the petitioner has to approach the competent Forum for the purpose of adjudication of issues in the manner known to law.
3.
With this liberty, this writ petition stands dismissed at the admission stage itself. No costs.
12.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda Page No.3 of 5
To The Chairman,, The Insurance Regulatory Development Authority of India (IRDAI) Mr.Debasish Panda No. 115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad - 500 032.
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S.M.SUBRAMANIAM,J.
veda W.P. No.10025 of 2024 12.04.2024 Page No.5 of 5