Madras High Court
C.Joseph Thavamony vs / on 13 August, 2024
Author: G.Jayachandran
Bench: G. Jayachandran
W.P.No.34046 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:13.08.2024
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
W.P.No.34046 of 2022
and
W.M.P.No.33504 of 2022
C.Joseph Thavamony .. Petitioner
/versus/
1.Bajaj Allianz Life Insurance Company Limited,
Bajaj Allianz House, Airport Road,
Yerawada, Pune 411 006.
2.Bajaj Housing Finance Ltd.,
5th Floor, Cerebrum IT Park B2 Building,
Holy Cross Road, Kalyani Nagar,
Pune, Maharashtra 411 014.
3.Insurance Regulatory and Development Authority,
9th Floor, United India Towers,
Basheerbagh, Hyderabad,
Andra Pradesh 500 029. .. Respondent
Writ Petition has been filed under Article 226 of the
Constitution of India, praying to issue a Writ of Mandamus directing the
respondents to honour the claim amount of Rs.71,30,117/- in respect of
1/6
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W.P.No.34046 of 2022
the Group Credit Protection Plus Policy No.0359372586 made by the
petitioner.
For Petitioner :Mr.K.Thilageswaran
For R1 :Mr.Srinath Sridevan, Senior Counsel for
M/s R & P Partners
For R2 :Mr.M.Arunachalam
For R3 :No Appearance
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ORDER
The petitioner, who had taken up the Insurance Policy
suppressing the pre-existing compliance has been denied of the insurance
coverage. He has raised a dispute before the Insurance Ombudsman
wherein the claim of the petitioner been considered and on facts and
materials, the Ombudsman has directed the petitioner herein to approach
appropriate Forum/Court for his redressal.
2. The learned counsel appearing for the petitioner rely upon
the judgment of the Hon'ble Supreme Court in Harbanslal Sahnia and
Ors. v. Indian Oil Corpn. Ltd and Ords reported in [AIR 2003 SC 2129]
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and few others judgments of the Hon'ble Supreme Court as well as the
Hon'ble High Courts, wherein the Courts have interfered in an
extraordinary case invoking the writ jurisdiction and passed orders and
wants this Court to apply the same dictum and direct the respondents to
pay the claim amount of RS.71,30,117/-.
3. This Court is conscious of the fact that wherever there is a
fact disputed, needs examination of documents and evidence, the writ
jurisdiction cannot be invoked. The extraordinary jurisdiction of Article
226 of the Constitution of India can be exercised only when an alternate
remedy is not efficacious. The petitioner's counsel says that the petitioner
is suffering from cancer and therefore, the High Court should short circuit
the procedure, bypass the law established and invoke its power under
Article 226 of the Constitution of India. With all sympathy, this Court is
not able to entertain the prayer sought for in this writ petition for a simple
reason that serious allegation of suppression of fact and misrepresention
been made to the Insurance Company by this petitioner. While so, it is
for the petitioner to establish that he has not suppressed any fact, while
entering into the contract with the respondent. Precisely for the said
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reason, the Ombudsman, who is the specialised agency, after considering
the merits of the case, has directed the petitioner to approach the
appropriate Forum/Court to get redressal. Unfortunately, this petitioner
was misdirected to approach this Court under Article 226 of the
Constitution of India, instead of approaching a Civil Court or Consumer
Court, whichever he perfer.
4. Hence, this Writ Petition is dismissed on the ground that
there is a serious dispute regarding the facts, which has to be tested by
due process of law and trial.
5. The learned counsel appearing for the respondents states that
a conditional order was passed by the Hon'ble Division Bench of this
Court to deposit a sum of Rs.66 lakhs on or before 22.01.2024 and the
same may be permitted to be withdrawn.
6. This Court permits the second respondent to withdraw the
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said amount. The time consumed by the petitioner herein, from filing the
writ petition to passing the order in the writ petition, shall be condoned
under Section 14 of the Limitation Act, if he prefers any claim petition
before the appropriate Court. Consequently, connected Miscellaneous
Petition is closed. No costs.
13.08.2024
Index:yes/no
Neutral Citation:yes/no
ari
To
1.Bajaj Allianz Life Insurance Company Limited,
Bajaj Allianz House, Airport Road,
Yerawada, Pune 411 006.
2.Bajaj Housing Finance Ltd.,
5th Floor, Cerebrum IT Park B2 Building,
Holy Cross Road, Kalyani Nagar,
Pune, Maharashtra 411 014.
3.Insurance Regulatory and Development Authority,
9th Floor, United India Towers,
Basheerbagh, Hyderabad,
Andra Pradesh 500 029.
DR.G.JAYACHANDRAN,J.
ari
https://www.mhc.tn.gov.in/judis
and
13.08.2024
https://www.mhc.tn.gov.in/judis
