Chhabi Sil v. Union Of India And ORS.

18.11.2025 Court No.25 D/L No.19 S. Gayen

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 21600 of 2024 Chhabi Sil

Versus

Union of India & Ors.

Mr. Kalyan Kumar Chakraborty Mr. Gopal Krishna Sarkar ...for the Petitioner Mr. Rajesh Singh Mr. Aniruddha Singh ...for the Respondent Nos.2,3,4 & 6 Mr. Soumen Bera Ms. Sanchita Barman ...for the Union of India

1. The petitioner has filed the present writ application challenging the repudiation issued by the Authorized Signatory of Bajaj Allianz General Insurance Company Limited dated 15th July, 2024, wherein the claim of the petitioner has been repudiated on the ground that the death of the insurer due to asphyxia following environmental suffocation and thus policy is not covered for awarding any compensations.

2. Being aggrieved by the said repudiation, the petitioner has referred an appeal before the Insurance Ombudsman by 25th July, 2024 and the same is pending before the Insurance Ombudsman, i.e.

respondent No.5.

3. This Court finds that the appeal preferred by the petitioner before the Insurance Ombudsman is pending. Accordingly, the writ petition is disposed of by directing the Insurance Ombudsman to consider the representation filed by the petitioner dated 25th July, 2024 and to pass a reasoned and speaking order after giving an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of the order.

4. WPA 21600 of 2024 stands disposed of.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Krishna Rao, J.)