D.Maran v. The Deputy General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.08.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.22878 of 2024 D.Maran ... Petitioner Vs.

1. The Deputy General Manager, United India Insurance Co. Ltd., No.24, Whites Road, Chennai-14.

2. The Insurance Ombudsmand Anna Salai, Teynampet, Chennai-18.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, direction to the second respondent herein to consider and dispose of the petitioner's representation dated 13.10.2022.

For Petitioner : Mr.S.K.Bose For Respondents : NDW

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent herein to consider and dispose of the petitioner's representation dated 13.10.2022.

2. The case of the petitioner is that the petitioner is the Proprietor of Shri Bhagiyalakshmi Travels rendering Employee Transportation Services to various Companies across all District of Tamilnadu. On 22.12.2021 the petitioner vehicle accidentally got fire near Thiruvalangadu at 8.00 AM and intimation was given to the first respondent and one Pandian was appointed as a Surveyor and one Raja has been appointed as an investigation officer. On 11.07.2022 on the basis of the report submitted by the Surveyor and Investigation Officer, the petitioner's claim was rejected by the first respondent stating that the vehicle is plied beyond the permitted place. Hence, the petitioner made a representation to the second respondent on 13.10.2022. Till date, the respondents have not considered the same and hence, the petitioner has filed the present petition before this Court seeking appropriate remedy.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to consider the representation dated

13.10.2022 and pass orders within the time frame as fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record. Since no adverse order is passed against the respondents, notice to them is dispensed with.

5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent to consider the representation dated 13.10.2022 made by the petitioner and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. 12.08.2024 rli M.DHANDAPANI,J.

rli

rli To

1. The Deputy General Manager, United India Insurance Co. Ltd., No.24, Whites Road, Chennai-14.

2. The Insurance Ombudsmand Anna Salai, Teynampet, Chennai-18.

W.P.No.22878 of 2024 12.08.2024