Disposed

Dharmbir Kumar v. The Chairman Life Insurance Corporation Of India and Ors.

Patna HC20 Aug 2019CWJC/155/2019

Case brief

AI extract

What is this about?

The Patna High Court dismissed the writ challenge for insurance payment, holding that repudiation must be challenged first. It granted liberty to approach the Insurance Ombudsman or Consumer Commission within 30 days without limitation barrier.

What did the court decide?

liberty granted to the petitioner to avail remedy before Insurance Ombudsman or Consumer Commission within 30 days.

Dharmbir Kumar Vs The Chairman Life Insurance Corporation… — Consumer Protection | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.155 of 2019

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Dharmbir Kumar S/o Parmanand Yadav, Resident of Village Meura Fulelpur, P.S.- Athmelgola, District- Patna.

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... ... Petitioner

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Versus

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The Chairman Life Insurance Corporation Of India, Mumbai, Maharashtra

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The Board of Directors Life Insurance Corporation of India, Head Quarter Mumbai, Maharashtra.

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To, the Zonal Manager East Central Zonal Office Exhibition Road, Patna.

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Regional Manager Life Insurance Corporation Of India of East Central Zonal Office Jeevan Deep Building, Exhibition Road, Patna

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Senior Divisional Manager Jeevan Deep Building Exhibition Road, Patna.

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr.Rajendra Nath Sinha, Advocate For the Respondent/s : Mr.Ramchandra Lal Das, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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3 20-08-2019

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It appears from perusal of the pleadings that the claim in question has already been repudiated by the Insurance Company. The petitioner has filed this writ application for a writ in the nature of Mandamus for payment of insurance claims without appreciating that once the claim has been repudiated, the petitioner will be required to come out of the repudiation action by challenging the same before the appropriate forum. The order of repudiation is not even under challenge in the present writ application. In such circumstance no relief may be granted to the petitioner.

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This writ application is being disposed of with liberty

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Patna High Court CWJC No.155 of 2019(3) dt.20-08-2019 2/2

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to the petitioner to avail his remedy before appropriate forum either in terms of the Redressal of Public Grievance Rules, 1998 before the Insurance Ombudsman or in the Consumer Protection Act, 1986 before the appropriate forum/commission as the case may be. If such a remedy is applied for within a period of 30 days from today, the same will be considered by the forum concerned, on its own merit and the same shall not be rejected on the ground of limitation.

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(Rajeev Ranjan Prasad, J)

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avin/-

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Dharmbir Kumar v. The Chairman Life Insurance Corporation Of India and Ors.

Case brief

What is this about?

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Dharmbir Kumar v. The Chairman Life Insurance Corporation Of India and Ors.

Case brief

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What did the court decide?

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