G.Rajkumar v. Insurance Regulatory And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.Nos.8830 & 8831 of 2020 G.Rajkumar ... Petitioner in both W.Ps.
Vs.
Insurance Regulatory and Development Authority of India Sy No.115/1, Financial District Nanakramguda, Gachibowli, Hyderabad 500 032.
Union of India Through the Ministry of Road Transport and Highways rep. by Joint Secretary Shastri Bhawan, New Delhi 110 011.
... Respondents 1&2 in both W.Ps.
General Insurance Council rep. by its Secretary General Nagaraja Sarma Maddipatla 5th Floor, National Insurance Building 14, J.Tata Road, Church Gate, Mumbai.
... Respondent No.3 [Impleaded as R3 in WP No.8830/2020 vide in WP.8830/2020 order dated 21.8.2020 made in WMP No.13932/20] SBI General Insurance Company Limited Natraj 101 and 301 Junction of Western Express Highway and Andheri Kuria Road Andheri (East), Mumbai.
...
Respondent No.3 in WP.8831/2020 [Impleaded as R3 in WP No.8831/20 vide order dated 21.8.2020 made in WMP No.13811/20] Bus and Car Operators Confederation of India rep. by its General Secretary A.Afzal No.148, Perambur Barracks Road Purasawalkam ...
Respondent No.4 Chennai 600 007.
in both W.Ps.
[R4 impleaded in both WPs vide order dated 07.10.2020 made in WMP Nos.16613 & 16611/20 respectively]
Prayer: W.P.No.8830 of 2020 - Petitions under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to consider the representation of the petitioner and initiate appropriate policy measures. W.P.No.8831 of 2020 - Petitions under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to consider the representation of the petitioner and initiate appropriate policy measures; pass orders directing insurance providers to adjust premiums on motor vehicle insurance pursuant to a reassessment of risk; or alternatively issue an order of Mandamus directing the first and second respondent to issue appropriate notifications to mandate insurance providers to adjust premiums on motor vehicles after conducting a detailed study.
For Petitioner :
Mr.Anirudh Krishnan For Respondents :
Mr.M.B.Raghavan For M/s.
M.B.Gopalan Associates for respondent-1 Mr.P.Giridharan for respondent-3 in W.P.No.8831 of 2020 Respondent-2 - Notice served.
No appearance Mrs.A.L.Ganthimathi for respondent-3 Mr.Manishankar, S.C.
For Mr.S.Arun Prasad for respondent-4 in W.P.No.8830/2020
ORDER
(Made by the Hon'ble Chief Justice) The petitioner has come up with an utterly frivolous petition and complains of the Insurance Regulatory and Development Authority of India not considering the petitioner's representation in such regard.
2. According to the petitioner, a special waiver provision was applied by the Regulatory Authority in respect of buses and
long-haul trucks which remained inoperative during the lockdown. The writ petitioner wants such provision to be extended to other vehicles.
3. Clearly, the prayer is misconceived and completely unworkable. There is no evidence to suggest that every car remained locked and inoperative during the entire period of lockdown or during any specified part thereof. The waiver provision applies to a period only when the car is in the garage or under repair and unable to ply. A blanket waiver of such kind cannot be granted in respect of other motor vehicles without undertaking a fact-finding enquiry as to whether the relevant car was, in fact, inoperative and, if so, for what period.
4. W.P.Nos.8830 and 8831 of 2020 are dismissed. There will be no order as to costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar kpl To
1. Insurance Regulatory and Development Authority of India Sy No.115/1, Financial District Nanakramguda, Gachibowli Hyderabad 500 032.
2. The Joint Secretary Ministry of Road Transport and Highways Shastri Bhawan New Delhi 110 011.
3. The Secretary General General Insurance Council Nagaraja Sarma Maddipattla 5th Floor, National Insurance Building 14, J.Tata Road, Church Gate Mumbai.
+2 CCS to Mr.Anirudh Krishnan, Advocate sr 23603. W.P.Nos.8830 & 8831 of 2020 NR(CO) SP(21/06/2021)