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Madras High CourtWP/3863/2021dismissed for default

Subbaiyan v. The Insurance Regulatory And Development Authority Of India

2024-06-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3863 of 2021 and WMP.No.4426 of 2021 Subbaiyan

...Petitioner

Vs.

1.The Insurance Regulatory and Development Authority of India, Rep. By its Authorized Officer, Sy.No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad 500 032 2.The Oriental Insurance Company Limited, Rep. By its Regional Manager, Claims Service Centre, Oriental House II Floor, No.115, Prakasam Salai, Broadway, Chennai 600 108 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent's letter dated 08.01.2018 in SVC 23794 and quash the same as illegal and direct the respondents to disburse the claim amount of Rs. 9,96,831.07p to the petitioner for insurance policy number 411601/ 31/ 2018/ 454 effective from 28.04.2017 to 27.04.2018 with respect to the Toyota "Innova Car" bearing registration no TN22 BK 7962 together with interest thereof at 12 percent on the claim amount 1/4

payable from 08.01.2018 and further direct the first respondent to initiate appropriate action as against the second respondent on the petitioner's complaint dated 12.10.2020 for violating the terms of the insurance policy and the directives of the first respondent in this regard. For Petitioner : Mr.P.Mohanraj For Respondents For R2 : Dr.S.Arunkumar

ORDER

This writ petition has been filed to quash the second respondent's letter dated 08.01.2018 in SVC 23794 and consequently to direct the respondents to disburse the claim amount of Rs. 9,96,831.07/- to the petitioner for insurance policy number 411601/ 31/ 2018/ 454 effective from 28.04.2017 to 27.04.2018 with respect to the Toyota "Innova Car" bearing registration no TN22 BK 7962 together with interest thereof at 12 percent on the claim amount payable from 08.01.2018 and to further direct the first respondent to initiate appropriate action as against the second respondent on the petitioner's complaint dated 12.10.2020 for violating the terms of the insurance policy and the directives of the first respondent in this regard. 2.

The learned counsel for the petitioner on record submitted 2/4

that he already handed over the entire bundle along with change of vakalat long back.

3.

However, even till today, the petitioner failed to engage a new counsel to represent on his behalf before this Court. Further, when the matter is called today, either the petitioner or his new counsel did not appear before this Court, which shows that the petitioner has no interest to proceed with the case further.

4.

Therefore, this writ petition is dismissed for default. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

12.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.Authorized Officer, The Insurance Regulatory and Development Authority of India, Sy.No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad 500 032 2.Regional Manager, The Oriental Insurance Company Limited, Claims Service Centre, Oriental House II Floor, No.115, Prakasam Salai, Broadway, Chennai 600 108 12.06.2024 4/4