Citation : 2022 Latest Caselaw 1386 Patna
Judgement Date : 24 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21323 of 2021
======================================================
Surya Kumar Singh S/o Jang Bahadur Singh at present resident of Doghra, Bhojpur, Chaurasta Bihia, Distt- Bhojpur, Bihar- 802154.
... ... Petitioner/s Versus
1. The Life Insurance Corporation of India having its office at Patna LIC Customer Zone, BFSC Building, 1st Floor, Near All India Radio, Fraser Road, Patna- 800001.
2. The Branch Manager, Life Insurance Corporation of India, Arrah Branch Office at Mahavir Tola, Arrah, Bihar- 802301.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Bhola Prasad, Adv For the LIC : Mr. Rakesh Kumar, Adv Mr. Abhimanyu Vatsa, Adv Mr. Rajni Kant Singh, Adv Mr. Sameer Sawarn, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-02-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For direction to the Respondent to verify, process and discharge the claim of the petitioner without any delay within the time limits specified under the Insurance Regulatory and Development Authority of India (Protection of Policyholder Interests) Regulations, 2017;
(ii) For direction to the Respondent to abstain from requrestion any additional documents in respect of the claim beyond the time limits specified under the Insurance Regulatory and Development Authority of India (Protection of Policyholder Interests) Regulations, 2017; and
(iii) For direction to the Respondents to pay monetary interest for the period of delay in discharging the claim of the petitioner in accordance with the Insurance Regulatory and Development Authority of India (Protection of Policyholder Interests) Regulations, 2017." Patna High Court CWJC No.21323 of 2021 dt.24-02-2022
The petitioner's entitlement for the amount of claim is
not disputed, however, it is clarified that perhaps petitioner has
not completed the formalities enabling the respondents to
process the application for refund of the amount.
Considering the attending circumstances, we dispose of
the present petition on the following mutually agreeable terms:-
(a) Petitioner shall make himself available in the office
of respondent no. 2 namely, the Branch Manager, LIC, Arrah
Branch Office, at Mahavir Tola, Arrah on 10.03.2022 at 10:30
am.
(b) The said respondent shall facilitate the petitioner in
completing the formalities also apprising him of the documents
which are required to be filed in addition to the one's already
submitted.
(c) Within two weeks thereafter, the petitioner's
application shall be processed and decision taken by passing
speaking order as also the amount remitted into the petitioner's
bank account.
We notice that petitioner's daughter had expired on
21.01.2018 and the petitioner's claim is pending since the year
2021.
We dispose of the present petition reserving liberty to Patna High Court CWJC No.21323 of 2021 dt.24-02-2022
the writ petitioner, to either revive the instant petition or to take
recourse to such remedies as are otherwise available, in
accordance with law.
(Sanjay Karol, CJ)
(S. Kumar, J) ranjan/sanjay-
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