Disposed¶21

Yogendra Singh v. The State of Bihar

Patna HC8 Aug 2024CWJC/10236/2023

Case brief

AI extract

What is this about?

Alternative remedy - insurance ombudsman - Section 14 Insurance Ombudsman Rules 2017 - theft of insured vehicle - insurance claim payment - writ of mandamus refused on merits - Reliance General Insurance Company - Patna High Court CWJC 10236/2023 - disposed of with liberty to approach ombudsman within four weeks, disposal preferably within twelve weeks, hearing before order.

What did the court decide?

Liberty granted to the petitioner to approach the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017 within four weeks; Ombudsman directed to endeavor to dispose of the matter preferably within twelve weeks; petitioner to be heard before any order and orders to be communicated to the party. ¶21

Yogendra Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued commanding respondent nos. 4, 5 and 6 (Reliance General Insurance Company Limited and its managers) to grant the petitioner the insurance amount for his stolen insured vehicle. +1 more

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Ratio / Principle

Without going into the merits or demerits of the case, the Court found the petitioner to have an alternative and efficacious remedy of approaching the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017, and accordingly disposed of the writ petition granting liberty to the petitioner to approach the ombudsman within four weeks.

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Key takeaways

Upon filing of the application, the Ombudsman shall endeavor to dispose of the case as expeditiously as possible, preferably within twelve weeks thereof.ratio¶19
Before any order is passed, the petitioner shall be given an opportunity of hearing, and any order passed shall be communicated to the party.ratio¶20

Detailed headnote1 paragraphs

CWJC No.10236 of 2023, Patna High Court (A. Abhishek Reddy, J.), decided 08-08-2024: Petitioner, whose insured vehicle had been stolen, sought a writ of mandamus commanding respondent nos. 4-6 (Reliance General Insurance Company Limited and its managers) to pay the insurance amount. Without going into the merits or demerits of the case, the Court held that the petitioner had an alternative and efficacious remedy of approaching the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017, and disposed of the petition, granting liberty to approach the ombudsman within four weeks, directing that the Ombudsman endeavor to dispose of the matter preferably within twelve weeks, that the petitioner be given an opportunity of hearing before any order, and that any order passed be communicated to the party.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10236 of 2023

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Yogendra Singh, Son of Late Jagat Singh, Resident of Village- Niyazipur, P.S. Fatuha, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Collector, Patna.

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The Senior Superintendent of Police, Patna.

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The S.H.O. Fatuha, District- Patna.

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Reliance General Insurance Company Limited, through its Manager, 6th floor, Oberoi Commerze, International Business Part, Oberoi Garden City, Off. Western Express Highway, Goregaon (East) Mumbai-400063.

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Manager Reliance General Insurance Company Limited, 6th floor, Oberoi Commerze, International Business Part, Oberoi Garden City, Off. Western Express Highway, Goregaon (East) Mumbai-400063.

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Branch Manager, Reliance General Insurance Company Ltd. Grand Yunus Corporate, 2nd Floor, Near Sukriti Apartment, S.P. Verma Road, Patna800001.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mritunjay Prasad Singh, Adv. For the Respondent/s : Mr.Md. Nadim Seraj ( GP 5 ) Mr. Shahbaj Alam, AC to GP 5 For the Resp. Nos. 4 to 6 Mr. Durgesh Kumar Singh, Adv. Mr. Abhigul Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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5 08-08-2024 Heard learned counsel for the parties.

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2 . The present writ petition has been filed for the

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following relief(s):-

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“ For issuance of writ of Mandamus commanding the respondent nos. 4, 5 and 6 to grant the Insurance amount to the petitioner of his insured vehicle which has stolen by the thefts. ”

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Patna High Court CWJC No.10236 of 2023(5) dt.08-08-2024 2/2

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3. Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of approaching the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017, the present writ petition is disposed of granting liberty to the petitioner to approach the insurance ombudsman under Section 14 of the Insurance Ombudsman Rules, 2017 within a period of four weeks from today. On filing of the said application, the Ombudsman shall endeavor to dispose of the case as expeditiously as possible preferably within a period of twelve weeks thereof.

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4 . It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the party.

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5. With the above directions, the present writ petition stands disposed off.

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(A. Abhishek Reddy , J)

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Ankit Kumar/-

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Yogendra Singh v. The State of Bihar

Case brief

What is this about?

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Yogendra Singh v. The State of Bihar

Case brief

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