Madras High CourtWP(MD)/18011/2025disposed of

A.Prabhakaran v. The United Insurance Company Limited

2025-07-03Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN A.Prabhakaran ... Petitioner Vs.

1.The United Insurance Company Limited, Represented by its General Manager, No.74A, Salai Road, Trichy 620 018 2.The United Insurance Company Limited, Represented by its General Manager, No.24, Whites Road, Chennai 600 014.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.02.2025 in the light of Judgment in WP(MD)No.6447 of 2023, dated 29.11.2024, and consequently to pay compensation for the injuries sustained by the petitioner in the accident that occurred on 21.04.2014, under Policy No.090602/31/14/01/00000544, within a time frame to be stipulated by this Court. 1/5

For Petitioner : M/s.S.Mahalakshmi For Respondents : Mr.C.Karthik Standing Counsel

ORDER

The petitioner has filed this writ petition for a wide relief to direct the respondents to grant compensation by considering the petitioner's representation, dated 25.02.2025.

2. The petitioner appears to have met with an accident on 21.04.2014, while pursuing a B.Tech degree at Sri Krishna College of Engineering and Technology, Coimbatore. The concerned two wheeler was apparently owned by one Mr.Sekar and the petitioner was riding the said two wheeler with his permission, when he met with an accident. The petitioner applied for compensation. The petitioner has placed reliance on the decision of this Court in N.Annamalai Vs The United Insurance Company, Rep. By its General Manager and others (WP(MD)No.6447 of 2023).

3. The learned Standing Counsel for the respondents submits that an appeal has been filed against the aforesaid decision in N. Annamalai v. The United Insurance Company, rep. by its General Manager and others (W.P. 2/5

(MD) No.6447 of 2023), before the Division Bench of this Court in W.A.(MD) No.1325 of 2025 and the same is pending for orders.

4. Prima facie, I am of the view that the relief sought in the writ petition cannot be granted, as several disputed questions of fact will arise for consideration, which this Court, in its jurisdiction under Article 226 of the Constitution of India cannot adjudicate. It is open to the petitioner to approach the jurisdictional Motor Accident Claims Tribunal or any other appropriate forum.

5. In any event, since the petitioner has sent a representation, dated 25.02.2025, the writ petition is disposed of by directing the respondents to consider the petitioner's representation, dated 25.02.2025 and dispose of the same as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. 03.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 3/5

1.The General Manager, The United Insurance Company Limited, No.74A, Salai Road, Trichy 620 018 2.The General Manager, The United Insurance Company Limited, No.24, Whites Road, Chennai 600 014.

C.SARAVANAN, J.

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sn W.P(MD).No.18011 of 2025 03.07.2025 5/5