M.Kolanjiappan v. Insurance Ombudsman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.26310 of 2018 M.Kolanjiappan ..Petitioner Vs.
1.Insurance Ombudsman, No.Fathima Akhtar Court, 4th floor, 453, Anna Salai, Teynampet, Chennai - 18.
2.The Zonal Manager, LIC of India, Southern Zonal of India, Anna Salai, Chennai.
3.Division Office, P.B.No.324, L.I.C.Buildings, 153, Anna Salai, Chennai -2.
... Respondents PRAYER: This Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd and 3rd respondents relating to the impugned orders dated 31.05.2010 and 04.04.2018 and to quash the same as illegal and further direct the 1st respondent to consider the complaint dated 23.04.2018 on merits and decide the same in accordance with law consequently, direct the 2nd and 3rd respondent to pay the petitioner's claim under the two insurance policies of his deceased brother together with all other accruing benefits with interest from the date of the petitioner's claim till the date of payment.
For Petitioner : Mr.M.Senthil Vaidvu For Respondents : No appearance for R1 Mr.R.S.Anandan for R2 & R3
ORDER
This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd and 3rd respondents relating to the impugned orders dated 31.05.2010 and 04.04.2018 and to quash the same as illegal and further direct the 1st respondent to consider the complaint dated 23.04.2018 on merits and decide the same in accordance with law consequently, direct the 2nd and 3rd respondent to pay the petitioner's claim under the two insurance policies of his deceased brother together with all other accruing benefits with interest from the date of the petitioner's claim till the date of payment.
2. When this matter was came up for hearing on 04.01.2022, the learned counsel appearing for the respondents 2 and 3 would submit that the petitioner's complaint was disposed of on 18.12.2018. In reply, the learned counsel for the petitioner submits that he does not have any instructions from his client and sought for short accommodation for getting appropriate instructions. Therefore, the matter was adjourned and directed to be listed on 06.01.2022. Today (i.e. 06.01.2022), when the matter is taken up for hearing, the learned Counsel for the petitioner once again submits that he is not able to get any instructions from his client.
3. Upon hearing, the learned Counsel for the respondents 2 & 3, it appears that the complaint of the petitioner dated 23.04.2018 was already disposed of on 08.12.2018.
4. In view of the above, this Court is of the view that no further order is required in the present Writ Petition. However, liberty is granted to the petitioner to challenge the order passed by the 1st respondent dated 08.12.2018, if any grievance exists as of now.
5. With the above observations, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar
Pns To 1.Insurance Ombudsman, No.Fathima Akhtar Court, 4th floor, 453, Anna Salai, Teynampet, Chennai - 18.
2.The Zonal Manager, LIC of India, Southern Zonal of India, Anna Salai, Chennai.
3.Division Office, P.B.No.324, L.I.C.Buildings, 153, Anna Salai, Chennai -2.
+1cc to Mr.R.S.Anandan, Advocate, S.R.No.1539 W.P.No.26310 of 2018 PA(CO) CB(04/02/2022)