Disposed

Prasant Kumar v. The National Insurance Company and Ors.

Patna HC6 Sept 2012CWJC/16336/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning the repudiation of an insurance policy. The court accepted counsel's suggestion to refer the petitioner to the competent consumer court to address the alleged technicality regarding insurance transfer and non-compliance.

What did the court decide?

Writ application disposed with liberty to the petitioner to move the competent consumer court.

Prasant Kumar Vs The National Insurance… — Contract and Commercial Disputes | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16336 of 2012

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====================================================== Prasant Kumar, son of Indrakant Jha, resident of Village/Mohalla-Shivpuri West, Manas Marg, road no.2 house no.35, P.S.-Shastrinagar, district-Patna.

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.... .... Petitioner/s

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Versus

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1. The National Insurance Company 3 Middleton Street, Post Box No.9229 Kolkata 700071 through its Managing Director.

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1. The Managing Director, The National Insurance Company 3 Middleton Street, Post Box No.9229 Kolkata 700071.

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1. The Regional Office of National Insurance Company Ltd.4^th Floor Son Bhavan, R. Block, Patna-1, through Regional Manager.

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1. The Regional Manager, the National Insurance Company Ltd. 4^th Floor Son Bhawan, R.Block, Patna.

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1. The Branch Manager, the National Insurance Company Ltd. Pandoi Place, Boring Road, Patna-1.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Onkar Nath For the Respondent/s : Mr. Ashok Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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3 06-09-2012 The insurance policy of the vehicle was repudiated by the Insurance Company on alleged non-compliance of Section 157(2) of the Motor Vehicles Act.

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It may be that violation was only technical as the motorcycle was transferred by father of the petitioner to his son and not to a stranger, but without transferring the insurance also in his name.

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Learned counsel for the Insurance Company suggests that petitioner may move the competent consumer court for getting this technicality ignore by the Company.

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Patna High Court CWJC No.16336 of 2012 (3) dt.06-09-2012

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2 / 2

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Learned counsel for the petitioner agrees to it.

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The writ application is accordingly disposed of with liberty to the petitioner to move the competent consumer court in the matter.

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Arvind/-

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(Jayanandan Singh, J)

Prasant Kumar v. The National Insurance Company and Ors.

Case brief

What is this about?

What did the court decide?

Prasant Kumar v. The National Insurance Company and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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