Sri Ayyappa Driving School v. The New India Assurance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.09.2016 Coram THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.31259 of 2016 Sri Ayyappa Driving School rep.by its Proprietor B.Sodharan No.2017, Pillaiyar Koil Street RV Nagar, Jafferkanpet, Chennai-83.

... Petitioner ..Vs..

The Regional Manager The New India Assurance company Ltd., Maruti Claims Hub, No.21, Patullos Road Chennai 600 002.

... Respondent Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for writ of certiorarified mandamus calling for the records relating to the order of the respondent dated 02.04.2016 in Ref.No.312600/Maruti and quash the same and consequently, direct the respondent to forthwith pay compensation for the damages caused to the Maruti Car Alto LXI bearing Registration No.TN-09-BD-9447 of the petitioner due to the flood.

For Petitioner : Mr.K.Selvaraj

ORDER

Heard Mr.K.Selvaraj, learned counsel for the petitioner. 2.

The petitioner seeks for compensation for the damage caused to his vehicle from the respondent / Insurance Company. 3.

Admittedly, the contract of insurance is a private contract between the petitioner and the respondent and merely because the respondent is a Government Company, a writ petition cannot be entertained for such a relief.

https://hcservices.ecourts.gov.in/hcservices/

4.

Hence, the writ petition is held to be not maintainable. The petitioner is at liberty to agitate his rights in accordance with the terms and conditions of the policy of insurance. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar AP To The Regional Manager The New India Assurance Company Ltd., Maruti Claims Hub, No.21, Patullos Road Chennai 600 002.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.51223 W.P.No.31259 of 2016 NR(CO) CA(21/09/2016) https://hcservices.ecourts.gov.in/hcservices/