Madras High CourtWMP/16573/2017dismissed

Federation Of Bus Operators v. Insurance Regulatory And

2017-06-19Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Nineteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mr Justice M.DURAISWAMY WMP No.16573 & 16575 of 2017 IN WP.15286 & 15287 of 2017 FEDERATION OF BUS OPERATORS [ PETITIONER IN WMP.16573/17 IN ASSOCIATIONS OF TAMIL NADU, WP.NO.15286/17 ] REP.BY ITS SECRETARY, NO.19, BISHOP WALLERS AVENUE (EAST), MYLAPORE, CHENNAI - 600 004.

ERODE DISTRICT BUS OWNERS [ PETITIONER IN WMP.16575/17 IN ASSOCIATION, WP.NO.15287/17 ] REP.BY ITS PRESIDENT, 8, BUS MAHAL, ERODE 1.

Vs 1 INSURANCE REGULATORY AND [RESPONDENTS IN BOTH THE PETITIONS] DEVELOPMENT AUTHORITY, REP.BY ITS CHAIRMAN, PARISHRAMA BHAVANAM, 6-9-58 B, 3RD FLOOR, BASHEER BAGH, HYDERABAD - 500 004.

2 THE TARIFF ADVISORY COMMITTEE, REP.BY ITS SECRETARY, ADOR HOUSE, 1ST FLOOR, 6A, DUBASH MARG, MUMBAI - 400 023.

3 THE NEW INDIA ASSURANCE CO.LTD REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, 190 ANNA SALAI, CHENNAI - 600 006.

4 THE NATIONAL INSURANCE CO.LTD REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR , 779A, ANNA SALAI, CHENNAI - 600 002.

5 THE ORIENTAL INSURANCE CO.LTD REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, ORIENTAL HOUSE, A25/27 ASAF ALI ROAD, NEW DELHI - 110 007.

6 THE UNITED INDIA INSURANCE CO.LTD, REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, 24, WHITES ROAD, CHENNAI- 600 014.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to to stay the operation of the impugned order of the 1st respondent made in Ref.IRDA/NL/NTFN/MOTP/089/04/2017 dated 17.04.2017 in enhancing the tariff so far as it pertains to revision of insurance premium in relation to four or more wheeled vehicles used for carrying passengers with carrying capacity exceeding 6 passengers for hire or reward in WMP.16573/17 in WP.No.15286/17 and;

(ii) `to stay the operation of the impugned order of the 1st respondent made in Ref IRDA /NL /NTFN /MOTP / 089/04/2017 dated 17.04.2017 in enhancing the tariff so far s it pertains to revision of insurance premium in relation to four or more wheeled vehicles used for carrying passengers with carrying capacity exceeding 6 passengers for hire or reward in WMP.No.16575/17 pending disposal of the above Writ petition 15287/17 respectively. Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits iled in support thereof and upon hearing the arguments of MR.M.PALANI, Advocate for the petitioner in both the petitions the court made the following order:- In view of the order passed by the Hon'ble Supreme Court of India in SLP (civil) Nos.30852 and 30853/2011, dated 25/11/2011, the stay petitions are dismissed.

-sd/- 19/06/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHAIRMAN, INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY, PARISHRAMA BHAVANAM, 6-9-58 B, 3RD FLOOR, BASHEER BAGH, HYDERABAD - 500 004.

2 THE SECRETARY, TARIFF ADVISORY COMMITTEE, ADOR HOUSE, 1ST FLOOR, 6A, DUBASH MARG, MUMBAI - 400 023.

3 THE CHAIRMAN AND MANAGING DIRECTOR, NEW INDIA ASSURANCE CO.LTD 190 ANNA SALAI, CHENNAI - 600 006.

4 THE CHAIRMAN AND MANAGING DIRECTOR, NATIONAL INSURANCE CO.LTD 779A, ANNA SALAI, CHENNAI - 600 002.

5 THE CHAIRMAN AND MANAGING DIRECTOR, ORIENTAL INSURANCE CO.LTD., ORIENTAL HOUSE, A25/27 ASAF ALI ROAD, NEW DELHI - 110 007.

6 THE CHAIRMAN AND MANAGING DIRECTOR, UNITED INDIA INSURANCE CO.LTD, 24, WHITES ROAD, CHENNAI- 600 014.

C.C. to MR.M.PALANI Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.16573/2017 in WP.15286/2017 Date :19/06/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 22.06.2017