Patna High Court
Dhananjay Tiwari vs Life Insurance Corporation Of ... on 2 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23681 of 2019
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Dhananjay Tiwari Son of Shiv Bachan Tiwari, Resident of Village-Siladi, P.O.
Darauli, P.S. Bhabhua, District Kaimur at Bhabhua. ... ... Petitioner/s
Versus
1. Life Insurance Corporation of India through the Chairman, Yogskshema,
Nariman Point, Mumbai.
2. Zonal Manager, LIC of India, East Central Zonal Office, Jeevan Deep
Building, Exhibition Road, Patna.
3. Senior Divisional Manager, Claims Department, Divisional Office-2, Jeevan
Ganga Building, 4th Floor, Fraser Road, Patna.
4. The Branch Manager, Life Insurance Corporation of India, Branch-Sasaram,
District Rohtas at Sasaram.
5. The Branch Manager, Life Insurance Corporation of India, Branch-Mohania,
District Kaimur at Bhabhua.
6. The Insurance Ombudsman, State of Bihar and Jharkhand, Kalpana Arcade,
First Floor, Bazar Samiti Road, Bahadurpur. Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate
For the Respondent/s : Mr. Siddharth Harsh, Advocate
Mr. Raj Dular Sah, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-01-2023
Petitioner has prayed for the following relief(s):-
"(i) For issuance of an appropriate writ writs, order
orders, direction\ directions in the nature of
certiorari for quashing the Award No. IOIPATIALI
0055\2019-2020 dated 12.09.2019(which was
communicated to the petitioner through letter dated
16.09 2019) passed by the Insurance Ombudsman
respondent no.6 whereby he dismissed the
Patna High Court CWJC No.23681 of 2019 dt.02-01-2023
complaint filed by petitioner for claim relates to
Double Accident Benefit in short" DAB) under
Policy No 519701916 to the life of Late Ghan
Shyam Tiwari and affirmed the orders passed by
respondent no.2 and 3.
(ii) For issuance of an appropriate writh writs,
order/orders, direction! directions in the nature of
certiorari for quashing of order dated 1.12.2017
passed by Respondent no.3 and order dated
31.3.2018 passed by respondent no 2 whereby he
affirmed the order dated 1.12.2017 passed by
respondent no.3
(iii) For issuance of an appropriate writ writs,
order/orders, direction directions in the nature of
mandamus directing the respondent authorities to
pay the benefits of Double Accident Benefits to the
petitioner under the policy No. 519701916 to the
life of Late Ghan Shyam Tiwari.
(iv) For grant of any relief(s) the petitioner would
be found entitled to in the facts and circumstances
of the case.
The order dated 12.09.2019 (Page-19) passed by the
Respondent No. 6, namely, the Insurance Ombudsman, State of
Bihar and Jharkhand, Kappana Arcade, First Floor, Bazar Samiti
Road, Bahadurpur, Patna needs to be quashed and set aside for
the reason that neither the petitioner was heard nor informed of
the date on which the proceedings were to be heard and decided.
Notice of such proceeding was received by the petitioner on
Patna High Court CWJC No.23681 of 2019 dt.02-01-2023
19.9.2019 whereas the order was passed on 12.9.2019.
As such, on this ground alone, we quash and set
aside the order dated 12.09.2019 (Page-19) passed by the
Respondent No. 6, namely, the Insurance Ombudsman, State of
Bihar and Jharkhand, Kappana Arcade, First Floor, Bazar Samiti
Road, Bahadurpur, Patna.
The petitioner shall appear before the
Respondent No. 6, namely, the Insurance Ombudsman, State of
Bihar and Jharkhand, Kappana Arcade, First Floor, Bazar Samiti
Road, Bahadurpur, Patna, on 16.01.2023 at 10:30 A.M., who
shall, after hearing the parties, pass a fresh order in accordance
with law.
Petition stands disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Prakash/Sujit
AFR/NAFR
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