Pushpa vs Life Insurance Corporation And 2 ...
2023 Latest Caselaw 4160 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 39867 of 2022
 

 
Petitioner :- Pushpa
 
Respondent :- Life Insurance Corporation And 2 Others
 
Counsel for Petitioner :- Rakesh Kumar Yadav
 
Counsel for Respondent :- Siddharth Singhal,Siddharth Singhal
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Vivek Kumar Singh,J.

Heard Shri Rakesh Kumar Yadav, learned counsel for the petitioner and Shri Siddharth Singhal, learned counsel for Life Insurance Corporation.

Present writ petition has been preferred for quashing the order dated 30.5.2022 passed by the Senior Divisional Manager, Life Insurance Corporation of India and for a direction to respondents to pay the death claim amount in question to the petitioner within stipulated period.

At the very outset, learned counsel for the respondents raised preliminary objection regarding the maintainability of the writ petition on two grounds. Firstly he submits that the petitioner in para 9 has herself stated that against the order impugned she has moved a representation/ appeal before the Regional Manager, North-West Regional Office, Kanpur. It is submitted that once the petitioner has already approached to the appellate authority, without waiting for the decision of the appellate authority, two parallel proceedings are not justified. Secondly he submits that against the order impugned, the petitioner has also alternative efficacious remedy to approach the 'Insurance Ombudsman' and once the alternative remedy is available, there is no reason or occasion to byepass the said forum and as such the writ petition is liable to be dismissed. Learned counsel for respondents, in this regard, has placed reliance on the judgment dated 20.4.2022 in Writ-C No.8416 of 2022 (Shahnaj Begum v. Regional Manager, Life Insurance Corporation of India & Ors.).

The Court has proceeded to examine the record in question and find substance in the objections raised by learned counsel for the respondents. As such we are not inclined to interfere in the matter.

Confronted with this, learned counsel for the petitioner precisely submits that the appellate authority may be directed to decide the appeal within stipulated period.

Considering the facts and circumstances of the case, the writ petition stands disposed of with observation that in case the appeal is pending consideration, the same shall be considered and decided by the appellate authority in accordance with law expeditiously and preferably within two months from the date of production of certified copy of this order.

Order Date :- 9.2.2023

SP/