Umamaheswari v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Umamaheswari ... Petitioner Vs The Branch Manager, New India Assurance Co. Ltd., CMTS Bhavan, BSNL Telephone Exchange Complex, 70ft Road, Ellis Nagar, Madurai - 625 010.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for records and quash the impugned order of claim rejection passed by the respondent dated 24.06.2025, which is arbitrary, discriminatory, and passed without proper appreciation of settled legal principles governing Compulsory Personal Accident (PA) Coverage. So that it is pleased to pass a necessary remedy as a consequential direction to the respondents herein to release and disburse the insured sum of Rs.15,00,000/- (Rupees Fifteen Lakhs).

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For petitioner : Mr. G. Vijaya Prabhakaran For respondent : Mr.N.Dilip Kumar Standing Counsel *****

ORDER

This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

2. The petitioner has challenged the impugned proceedings of the respondent/ Insurance Company, dated 24.06.2025 bearing reference in Contract No.622, whereby the request of the petitioner for compensation on account of the petitioner's husband's death on 18.04.2025 has been rejected.

3. The only reason for the petitioner to approach this Court is on account of the fact that the respondent is the Insurance Company. There are several disputed questions of fact which have to be considered in a proper proceedings under the provisions of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal has also been constituted for the aforesaid purpose. Therefore, this Writ 2/4

Petition is dismissed with liberty to the petitioner approach the concerned jurisdictional Motor Accidents Claims Tribunal for appropriate relief. Therefore, this Writ Petition is dismissed. No costs.

Index : Yes / No 18.08.2025 Internet : Yes / No apd 3/4

C.SARAVANAN, J.

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