Rasu, v. M/S.Liberty General Insurance Ltd.,

W.A.(MD)No.526 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.A.(MD)No.526 of 2021 Rasu :Appellant Vs.

1.M/s.Liberty General Insurance Ltd., 10th Floor, Tower A Peninsula Business Park Gapatrao Kadam Marg, Lower Pard Mumbai 400 013.

Rep. by its Managing Director 2.M/s.Liberty General Insurance Ltd., 3rd Floor, Raja Parle Building, 79/12 Byepass road, Madurai 625 010 Rep. by its Branch Manager, : Respondent in all appeals COMMON PRAYER: Appeals filed under Clause 15 of the Letters Patent against the order of this Court in W.P.(MD) No.427 of 2021 dated 11.01.2021.

Prayer in WP(MD). 427/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to a issue a writ of Mandamus or any other appropriate writ or order or direction in the nature of writ directing the respondents to disburse a sum of Rs. 15,00,000/- along with interest towards the Personal Accident Cover for the death of petitioners son Mr.Naganathan in Policy No. 201250040319800138200000 within the period that may be stipulated by this Honourable Court and pass such further or other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice. For Appellant : Mr.M.Jerin Mathew

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) We do not find any reason to interfere with the order of the learned single Judge, which is obviously a consent order. Even otherwise, the learned Judge is right in holding that the writ petition is not maintainable, that too, against the respondents and the appellant also seeks to enforce the contract. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.526 of 2021 writ appeal stands dismissed. However, we make it clear that the order of the learned single Judge to approach the consumer forum stands and the period to approach is extended by four weeks from the date of receipt of a copy of the judgment. No costs. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Copy to The Section Officer, E.R.Section (Records) Madurai Bench of Madras High Court, Madurai +1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-10496[F] dated 11/03/2021 ) +1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-11245[F] dated 15/03/2021 ) W.A.(MD)No.526 of 2021 11.03.2021 PM(CO) KB(24.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2