Mr. G.Saravana Karthikeyan v. The New India Assurance Co Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Saravana Karthikeyan ... Petitioner -Vs1.The New India Assurance Co.Ltd., Regd & Head Office, New India Building, No.87, Mahatma Gandhi Road, Fort, Mumbai-400001.

2.The New India Assurance Co.Ltd., Regional Office, No.248-B, Kamarajar Salai, Rekha Towers, Madurai-625009.

3.The New India Assurance Co.Ltd., Branch Office, No.77/78, 1st Floor, South Car Street, Sivakasi-626123.

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4.The New India Assurance Co.Ltd., Micro Office, No.47/2, 1st Floor, Arasaradi Bus Stop, Chettiyarpatti-626122.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents jointly and severally to pay / reimburse the said sum of Rs.1,58,922/- (Rupees One Lakh Fifty Eight Thousand Nine Hundred and Twenty Two Only) which the petitioner had paid for repairing the said vehicle along with interest at the rate of 18% p.a from 01.06.2015 till date of payment to the petitioner. For Petitioner : Mr.D.R.Raghunath For Respondents : Mr.J.S.Murali

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the respondent Insurance Company to honour his claim.

3.After going through the materials on record, I am satisfied that the issue has to be resolved only by the jurisdictional Consumer Forum. The Writ Petition as such may not lie.

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4.If the petitioner files a complaint before the jurisdictional Consumer Forum within a period of four weeks from the date of receipt of a copy of this order, it shall be entertained without reference to limitation and disposed of on merits and in accordance with law within a period of six months thereafter. 5.With this liberty to the petitioner and direction to the jurisdictional Consumer Forum, this Writ Petition is disposed of. It is made clear that this Court has not gone into the merits of the matter. No costs. 14.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva 3/4

G.R.SWAMINATHAN, J.

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