Mrs. Bakul Roy vs The New India Assurance Co. Ltd. And 4 Ors
2024 Latest Caselaw 12 Gua

Gauhati High Court

Mrs. Bakul Roy vs The New India Assurance Co. Ltd. And 4 Ors on 3 January, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010014232015




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/3017/2015

         MRS. BAKUL ROY
         W/O LT. NITINDRA NATH ROY, R/O SANKAR MISSION ROAD, OLD POST
         OFFICE GALI, NAGAON TOWN, P.O. NAGAON, P.S. and DIST- NAGAON,
         ASSAM, PIN-782001



         VERSUS

         THE NEW INDIA ASSURANCE CO. LTD. and 4 ORS
         REGD. AND HEAD OFFICE REP. BY THE CHAIRMAN CUM MANAGING
         DIRECTOR, NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI
         ROAD, FORT MUMBAI-01

         2:THE REGIONAL MANAGER
          NEW INDIA ASSURANCE CO. LTD.
          NORTH EASTERN REGIONAL OFFICE
          G.S. ROAD
          BHANGAGARH
          GHY-5
         ASSAM

         3:THE DIVISIONAL MANAGER
          NEW INDIA ASSURANCE CO. LTD.
          OPP. TO NAME CARE HOSPITAL
          G.S. ROAD
          BHANGAGARH
          GHY-5
         ASSAM

         4:THE BRANCH MANAGER
          NEW INDIA ASSURANCE CO. LTD.
          JOGANNATH MANDIR ROAD
          NAGAON TOWN
                                                                        Page No.# 2/3

           NAGAON
           ASSAM
           PIN-782001

           5:THE INSURANCE OMBUDSMAN
            REP. BY THE SECY. FOR THE STATE OF ASSAM
            MEGHALAYA
            MANIPUR
            MIZORAM
           ARUNACHAL PRADESH
            NAGALAND AND TRIPURA
            C/O JEEVAN NIVESH
            5TH FLOOR
            NEAR PANBAZAR OVER BRIDGE
            S.S.ROAD
            GHY-1
           ASSA

For the petitioner (s)    : Mr. A. K. Purkayastha, Advocate


For the respondent (s)     : Mr. S. Dutta, Senior Advocate

Mr. C. Sarma, Advocate

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

03.01.2024

The instant writ petition has been filed by the petitioner being aggrieved on the repudiation of the insurance claim by the respondent Insurance Company as well as the judgment and order dated 10.09.2013 passed by the learned Insurance Ombudsman in Complaint Case No.11- G1-076/12-13 and also seeking a direction upon the respondent Insurance Company to pay the said claimed amount to the petitioner.

2. Upon hearing the matter at length, it transpires that various factual aspects would be required to be adjudicated upon and these aspects Page No.# 3/3

cannot be adjudicated under Article 226 of the Constitution taking into account that various disputed questions of facts have to be adjudicated upon. The petitioner, therefore, would be well advised to approach the appropriate forum wherein the factual aspects can be determined.

3. Taking into account the above, this Court is not inclined to entertain the instant writ petition.

4. Be that as it may, taking into account that the petitioner has been bonafidely pursuing the instant writ proceedings since 21.05.2015 till date, the period from 21.05.2015 till date, shall be excluded while computing the period of limitation in preferring such proceedings as available under the law.

JUDGE

Comparing Assistant