Smt. Shanti vs National Insurance Co. Ltd.
2022 Latest Caselaw 423 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             [Civil Writ Jurisdiction]
                             W.P.(C) No. 816 of 2010
       Smt. Shanti                                                       .... .. ... Petitioner
                                      Versus
       National Insurance Co. Ltd., Main Road, Bistupur, Jamshedur & Ors.
                                                                         .. ... ... Respondents
                                       ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :- Video Conferencing) .........

       For the Petitioner                      : Mr. J.K. Pasari, Advocate
       For the respondent no.1                 : Mr. Basav Chatterjee, Advocate
                                       ......

09/ 11.02.2022. Heard, learned counsel for the parties.

Learned counsel for the petitioner, Mr. J.K. Pasari has relied upon a circular issued by the Insurance Regulatory and Development Authority under Reference- IRDA/HLTH/MISC/CIR/216/09/2011 dated 20.09.2011 whereby it has been held that the Insurers are advised to incorporate additional wordings in the policy documents, suitably enunciating insurers' stand to condone delay on merit for delayed claims where the delay is proved to be for reasons beyond the control of the insured.

Learned counsel for the petitioner, Mr. J.K. Pasari has relied upon the judgment passed by the Apex Court in the case of Gurshinder Singh vs. Shriram General Insurance Co. Ltd. and Another, reported in 2020 (11) SCC 612, paras 18, 19, 20 and in the case of Om Prakash vs. Reliance General Insurance, reported in 2017 (9) SCC 724, para 11.

Learned counsel for the petitioner, Mr. J.K. Pasari has further submitted that claim cannot be refuted on the ground of delay of the claimants, who have lost their bread earners. This has been considered by the Insurance Regulatory and Development Authority, as such, the impugned order may be set aside.

Learned counsel for the respondent no.1, Mr. Basav Chatterjee has submitted that at the time of order passed by the Permanent Lok Adalat there was a judgment with respect to statutory period of 90 days to be followed as incorporated in the policy, but in view of the subsequent development and the direction issued by the Insurance Regulatory and Development Authority on 20.09.2011, two weeks time may be granted so as to seek instruction and assist this Court properly.

Under the aforesaid circumstances, Insurance Company is directed to look into circular issued by Insurance Regulatory and Development Authority on 20.09.2011 as referred above in welfare spirit and settle this matter in accordance with law within a period of three weeks.

It is expected that petitioner shall cooperate in the process for which learned counsel for the petitioner, Mr. J.K. Pasari is directed to assist learned counsel for the respondent no.1, Mr. Basav Chatterjee so that settlement may be arrived.

Let the matter appear after three weeks.

(Kailash Prasad Deo, J.) R.S.