Rajendran R v. The Insurance Ombudsman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.Rajendran ... Petitioner Vs 1.The Insurance Ombudsman, Office of the Insurance Ombudsman, Fathima Akhtar Court, 4th Floor, 453 (Old 312), Anna Salai, Teynampet, Chennai - 600 018.

2.The Branch Manager, Shriram City Union Finance Limited, Chinthamani Branch, Tiruchirappalli.

3.Shriram General Insurance, (In Partnership with Sanlon, South Africa), E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan - 302 027.

4.Shriram Life Insurance Company Limited, 5th and 6th Floor, Ramki Selenium, Plot Nos.31 and 32, Beside Andhra Bank, Training Centre, Financial District, Gachibowli, Hyderabad - 500 032.

... Respondents (R - 3 & R - 4 are suo motu impleaded vide order dated 20.12.2023 in W.P(MD)No.22474 of 2021) 1/5

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take necessary action against the second respondent on the basis of the representation of the petitioner dated 29.11.2021 within the time stipulated by this Court.

For Petitioner : Mr.J.Vishnu For R - 1 : Mr.B.Prasanna Vinoth For R - 2 : Mr.J.Barathan For R - 3 : Mr.N.Shyllappa Kalyan For R - 4 : Mr.A.Sivasubramanian

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents to consider the representation submitted by the petitioner dated 29.11.2021. 2.On instructions, the learned counsels appearing for the respondents 3 and 4 would submit that the petitioner merely making a representation would not suffice to consider the claim of the petitioner. The petitioner claimed general insurance as well as life insurance for his deceased son, who obtained policy from the respondents 3 and 4 for the loan availed from the second respondent.

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3.The learned counsel appearing for the petitioner would submit that the petitioner also did not enclose any documents in the proper claim format.

4.In view of the above, the petitioner is directed to submit a claim petition with all required documents before the respondents 3 and 4, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents 3 and 4 are directed to consider the claim petition and dispose of the same, in accordance with law, within a period of four weeks thereafter.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

20.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Insurance Ombudsman, Office of the Insurance Ombudsman, Fathima Akhtar Court, 4th Floor, 453 (Old 312), Anna Salai, Teynampet, Chennai - 600 018.

2.The Branch Manager, Shriram City Union Finance Limited, Chinthamani Branch, Tiruchirappalli.

3.Shriram General Insurance, (In Partnership with Sanlon, South Africa), E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan - 302 027.

4.Shriram Life Insurance Company Limited, 5th and 6th Floor, Ramki Selenium, Plot Nos.31 and 32, Beside Andhra Bank, Training Centre, Financial District, Gachibowli, Hyderabad - 500 032.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 20.12.2024 5/5