Disposed

Challa Sreenaiah v. The Union of India and 3 others

Telangana HC15 Apr 2021WP/3362/2021

Case brief

AI extract

What is this about?

The High Court disposed of three writ petitions filed by Challa Sreenaiah seeking the release of insurance claims due to his brother's death. The Court found that the petitioner had not submitted a fresh claim petition and an FIR was pending against him. It directed the petitioner to submit fresh claims and nomination details within four weeks, after which insurers would consider them within anoth

What did the court decide?

Directed the petitioner to submit fresh claim petitions and furnish nomination details within four weeks. Upon receipt, respondents-insurance companies must consider same and pass appropriate orders w

Challa Sreenaiah Vs The Union of India and 3 others — Insurance | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

THURSDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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WRIT PETITION Nos.2196 2235 & 3362 of 2021

¶6

WRIT PETITION NO.2196 oF 2021

¶7

Between:

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Challa Sreenaiah, S/o Bhujangam,^{aged about 36 years,F/o H.No'9.-105' Aregudem} Village and Gram Panchaya't, H/o^{tt/amidala,Thiparlhi Mandal, NalgondaDistrict.}

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...PETITIONER

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AND

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The Union of lndia, Department^{of Finance Service, Ministry of Finance,} Government of lndia.

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Z. ine lnJurance Regulatory^{and DevelopmentAuthority, ParishramaBhavan, 3'd} Floor, Basheerbagh, HYderabad-04.

¶13

1. iil M;;ger, nLIig'ard^{n"itir, inlrr.n.ecompanvLimlted,sth Floor,19 chowla} House, Nehru Place, New^{Delhi-11001 9.}

¶14

1. ih; ffi;;gei nerigir"^{HeZtit'l insrrilce compqlvLimited, UnitNo.604--607, 6th} Floor, Tow"er-C, Unlech^{Cyber Park, Sector-39, Gurgaon-1220, Haryana Stat1.}

¶15

5 - The H.No.13-2-4211 Branch Manager. lo 6, GBR^{R'eligare iowers, Hea.|th 3'o Floor, lnsurance 19 Chowla House, Nehru Comp.anyLimited,RHCL'Place,} New Delhi-1 10019.

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O. ihe Brancfr Manager,^{Religare Healthlnsurance Company Limited,Near Clock} Tower, Nalgonda Town, Nalgonda^District.

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...RES'ONDENTS

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Petition under Article²²⁶ of^{the constitution of lndia praying that in the} circumstances stated in the^{affidavitfiled therewith,the HighCourt may be pleasedto} issue an order or direction^{more particularlyone in the nature of Writ of Mandamus} declaring the inaction^{of the respondent No.2 in non-consideringthe representationof} the^petitioner and non-directing^{the respondent No.6 to release the claim amount to} the petitjoner on the death^{of the brotherof the petitionerby name ChallaSaidulu,} who died on 21l4l2O2O in^{Road accidentat lndluru village, ThipparthyMandai,} Natgonda District basing on the^{life Life lnsurancePolicies vide No.16509473,} 16574493, 14276347 and^{14069485 basingon the representationof the petitioner} dated 10.12.2020 is highly^{illegal, arbitrary,u nconstitutional, unjust and in violation of} Principles of Natural Justice^{and also in violation of Articles 14, 19 (1) (g) and 21 of} the Constitution of lndia and^{consequentlydirect the 2nd respondentconsider the} representation of the^petitioner and^{to direct the respondent No.6 to releasethe claim} amount to the^petitioner on the^{death of the brother of the petitioner by name challa} Saidulu, who died on^{21 .04.2020 in Road accident at lndluru village,Thipparthy} Mandal, Nalgonda^{District basing on the life Life lnsurance Policiesvide} No.16509473, 16574493,^{14276347and 14069485 basingon the representation of} the petitioner daled^1011212O2o.

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lA NO: 1 OF 2021

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Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.6 to release the claim amount to the petitioner on the death of the brother of the petitioner by name chala saiduru, who died on 21 .4.2020 in Road accident at lndluru village, Thipparthy Mandal, Nalgonda District basing on the life Life lnsurance Policies vide No.'16509413, 16s74493, i4276347 and i4069485 basing on the representation of the petitioner dated 10.12.2020 pending disposar of the writ petition.

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Counsel for the Petitioner: SRI RApOLU BHASKAR

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Counsel for the Respondent No.1: SRI NANDA RAO NAMA,

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S.C FOR UNION OF INDIA

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Counsel for the Respondent No.2: SRI M.V. SURESH, S.C. FOR l.R.D.A.

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Counsel for the Respondent Nos.3 to 6: SRI N. SRINATH RAO

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WRIT PETITI oN NO.22 35 0F 2021

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Betwee n:

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challa sreenaiah. sio Bhu jangam aged about 36 years, Rio H.No.9_105, Areoudem Vilage and Gram^panchaydt nio rr,,ririioit;. i;;p;;ii N/r,iorr. Nrisb;ia'oistii.i,"

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AND

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...PETITIONER

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1 Department of Finance Service, Ministry of Finance,

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I:?"l.UnH?X, Sl lt?j:

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2 The lnsurance Reoulatorv and, Development Authority. parishrama Bhavan, 3.d Floor, BasheerbagF, Hyd6rabad-04. Ihe Divistonal Manaoer Divisional Office, New lndra Assurance Comoanv

¶34

Limited, tt Ftoor. rvlerrd comptex, ,0o"" i"iini"'bigiilil (""r"r"rr,T"i.!rj"di5til1 Pra kasha m Bazar, Natgonda'Town, r.rilqr;,jj r;.#;i'

¶35

4 r ne Manager, New lndia Assurance eompany Limited, O/o 2-637/16, Street |g,t, Lallon,^{New Matakpet,nyoeraoio,ierliql;_56oss.} iF:.1',llFid;i:&[fl^{%u:6ib:6:&ffi} iti]8x;il",H'Ji:ti3l,1!38;ll Street, S.V. Road, Sa ntacru, iwj r itA, c"oodJil6""ioro, Fort, Mumbai-400023.

¶36

...RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondent No.2 in non-considering the representation of the petitioner and non-directing the respondent No.3 to 5 to release the claim amount to the petitioner on the death of the brother of the petitioner by name chaila saiduru, who died on 21 .4.2020 in Road accident at lndluru village, Thipparthy Mandal, Nalgonda District basing on the Life lnsurance policy vide No 61320042'1 1g01oooo002o basrng on the representataon of the petitioner dated 10 12'2020 is highry iregar, arbitrary, uncon stitutiona r, unjust and in vioration of

¶38

.,^Principles of Naturar Justice and arso in vioration of Articres 14, 19 (1) (g) and 21 of the constitution of rndia and consequenfly direct the 2nd respondent to consider the representation of the petitioner and to direct the respondent No.3 to 5 to release the claim amount to the petitioner on the death of the brother of the petitioner by name chaila Saiduru, who died on21 .4.2020 in Road accident at lndruru vilrage, Thipparthy IVandar, Nargonda District basing on the rife rnsurance poricy vide No.61320042'1 190100000020 basing on the representation of the petitioner dated 10.12.2020.

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lA NO: 1 OF 2021

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to drrect the 2nd respondent to consider the representation of the petationer and to direct the respondent No.3 to 5 to release the claim amount to the petitioner on the death of the brother of the petitioner by name challa saidulu, who died on 21 .4.2020 in Road accident at Indluru village, Thipparthy lr,4andal, Nalgonda District basing on the life lnsurance Policy vide No.61320042ii90100000020 basing on the representatron of the petitioner dated 10.12.2020 pending disposal of the writ petition.

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Counsel for the Petitioner: SRI RApOLU BHASKAR

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Counsel forthe Respondent Nos. 1 : SRI NANDA RAO NAMA,

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SC FOR UNION OF INDIA

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Counsel for the Respondent Nos. 2 :SRl M.V SURESH SC FOR IRDA

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Gounsel for the Respondent Nos.3 to 5: SRI KOTA SAMEER KUMAR

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WRIT PETITION NO: 3362 OF 2021

¶47

Between:

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Challa Sreenaiah, S/o, ,^{Bhujangam,.aged abqut 36 years, R/o H.No.9-.105,Aregudem} Village and Gram Panc hayat, H/o. Mamrdala, Thiparthi tr/andal, Nalgonda Districtl

¶49

AND

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...PETITIONER

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1 The Union of lndia, Department of Finance Service, Ir,4inistry of Frnance, Government of india.

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2 The lnsurance, Regulatory and Development Authority, parishrama Bhavan, 3'o l-loor. tsasheerbaqh, Hvderabad-04,

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3, The Dvisio nal_lr,/a nager. Oriental lnsurance Company Ltd., # H.No,6-1-349, 1.r Floor. Padma Rao Nagar, Behind Renault Showroom, Secunderabad -25.

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1. I he I\4anager, Oriental lnsurance Company Ltd., Office of plot No..l -4_2 49l3g,2nd Floor, Dharani Complex, Near New Bus St-and, Suryapet, Telangana.

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...RESPONDENTS

¶56

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondent No.2 in non-considering the representation of the petitioner and non-directing the respondent No.3 and 4 to release the claim amount to the petitioner on the death of the brother of the petitioner by name challa

¶57

I li ,

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Saidulu, who died on 21 .4.2020^{in Road accidentat lndluru village'Thipparthy} l,4a nda I, Na lgo nd a District basing^{on theOriental lnsurance Policy vide} No.433703i48i2020t10g,433703t4812020i410and433703t3112020/2677basingon the representation^{of the petitionerdated 10.12.2020is highryilegar,arbitrary'} unconstitutional,unjustandinViolationofPrinciplesofNaturalJusticeandalsoin ViolationofArticlesl4,lg(1)(g)and2loftheConstitutionoflndiaandConSequently direct to 2nd respondent^{to consider the representation of the petitioner and to direct} therespondentNo.3and4toreleasetheclaimamounttothepetitioneronthedeath ofthebrotherofthepetitionerbynameChallaSaidulu,whodiedon2l.4.2020in Road accident^{at lndluru village, Thipparthy[r,4andal, Nalgonda District basing on the} oriental lnsurance^{Policy vide No.433703/48/2O20t109,43370314812020/410and} 433703131t2020t2677^{basingon the representation of the petitionerdated} 10.12.2020.

¶59

IA NO: 10F 2021

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Petition under Section^{151CPC prayingthat in the circumstances stated in the} affidavit filed in support^{of the petition,the High court maybe pleased to directthe} respondent No.3^{and 4 to release the claim amount to the petitioner on the death of} the brother of the^{petitioner by name challa Saidulu, who died on21 .4.2020 in Road} accident at lndluru^{village, Thipparthy l,4andal,NalgondaDistrict basing on the} oriental lnsurance^{Policy videNo.433703/48/20201109,43370314812020/410and} 43370313112020/2677^{basing on the representation of the petitionerdated10.122020} pending disposal of the writ^petition

¶61

Counsel for the Petitioner:^{SRIRAPOLUBHASKAR}

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Counsel forthe Respondent^{No.1 :SRl NANDA RAO NAMA,}

¶63

SC FOR UNION OF INDIA

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Counsel for the Respondent^{No.2: SRI M.V.SURESH, S.C. FOR I'R'D'A'}

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Counsel for the Respondent^{Nos. 3 & 4: SRI S. SATYANANDA RAO}

¶66

The Court made the following:^{COMMON ORDER}

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HON'BLE SI1I.['STICE ABHINAND KUMAR SHAVILI W.P.Nos.2196,2235 & 3362 of 2021

¶68

COMMON OIIDEIi.:

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All these \/r'it Pc.titions are being disposed ol by this common orcler as thc issr.re irrr olvcd in thcse \'rit Petitions is one and the S.III]C,

¶70

For the sakc of' conveuicucc. the facts in W.l'.No.2196 ol'l0l I are hcleundcr cliscussed.

¶71

W.l'.No.2196 of 2021 is filed seeking a Writ^of

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Mandamus with the prayer as^fbllows:

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(............1o declare the inaction of the 2nd respondent in non-considering the reprcsentation of^{the petitionerand non-} directing the respondent No.6^{to releasethe claim amount to the} petitiorler on the deatlr of his blother^{viz,,Challa Saidulu, who died} on 2l -04-7020. in^{Road accident at lndluru village,Thipparthy} Mandal. Nalgonda District.^{basirrgon the I-i1.e Insurance Policies} and on the rcprcscntation^{ol'the petitionerdt.l0-12-2020is highly} illegal. arbitlary. unjLrst and^violation ol^{Principlesof Natural} .lustice anci sougllt corlscclLlcntial^{direction to the 2nd respondent to} considcr tirc said rcprcsetttation^{ancl to direct the 6'1'respondcnt to} lclcus.' tlrc cl:tirtt lrtr,'utrl^{l(r lltc pelili()l'lcr.'}

¶74

IIeard Sri [{apolLr l}haskar.^{leat'nedcounsel for the} pctitioner, Sri Nancla Ilao^{Nanra. lcarrlecl Standing Counselfor the l't} rcspondent-Union of^{lndiaand Sri M.V Suresh,learned Standing} Counsel tor the^{rcspondents-insu rancc company.}

¶75

It has been contended by the petitioner that his brother late Challa Saidulu has taken sorne insurance policies with the respondents-insurance company and unfbrtunately, his brother has expired in the road accident on 2r-04-2020. The petitioner furrher contended that his brother has nominated him as the nominee in the said insurance policies. The grievance of the petitioner is that even though there is nomination in his lavour,, the respondents_ insurance company are not settling the clairr-rs in his thvour. J here{ore. he contended that appropriatc or(lcr.s bc ltassccl in thc Writ petition directing the responclents-insurirncc conrpan,\ Lo 5r,111. thc insurancc clair-n in his favour as he is a nontince of his late brorhcr.

¶76

Learned Standing Counsel fbr the respondentsinsurance company contendecl that the petitioner has not submitted any claim petition to the insurance company. Moreover. the petitioner's sister has filed a suit against the petitioner before the Cor-rrt below contending that she is also entitled for S}voof the share. In view of the rival claims being made, the insurance company is not in a position to settle the claim petition in fhvor.rr of the petitioner.

¶77

Learned Standing Counsel had further contended that FIR has been registered against the petitioner on the ground that he has played fraud with the insurance conlpany and because of the pendency of the said FlR, thc case ol.thc. 1-rctitioner could not bc considered. However, he has submittecl that it.onl1,, thc. petitioner submits flesh claim petition belbre the insurance company, the

¶78

¶79

n KS..l B'.P.Nos 2196 of202l & barch

¶80

¶81

respondents- insurance company \,ould consider the same and pass appropriate orders in accordance with the terms and conditions of the insurance policy.

¶82

This Court, having regard to the rival submissions made b1, the palties, is of the considered view that all these Writ Petitions can be disposed ol by' directing the petitioner to submit fresh claim petitions belore the resporlde nts- in su rarl ce company and also furnish thc details ol- nonrination to thc lespondents-insurance company r.','ithin a period ol' lirur rr ecks tl'om the' date of receipt of a copy ol this order and upon such clairr pctitions being rnade, the rcspondents-insulanc!' coml)an\ riill consider the sanre and pass appropriate ordels in accordancc with terrns and conditions ol the insurance policy in another eight',r,eeks theleafter.

¶83

With these observations, all these Writ Petition are disposed of. No costs

¶84

As a sequel, the miscellaneous petitions^pending, if^any,

¶85

shall stand closed.

¶86

SD/.K.SAILESHI ASSISTANT REFISTRAR //TRUE COPY' -\L, SECTION OFFICER To, Service,^{l\4in istrY of Finance,} 1. The Union of^{lndia, Department of Finance} 2 ffJ:tffi :#"3J'il311,r."^{a nd Deveropment Author.y,pa rishramaBhavan, 3'd} Floor, Basheerbagh,^{HYderabad-04.}

¶87

0 I Y

¶88

¶89

3 The l/anaoer, Reliqare^{Health lnsurance CompanyLimited' sth Floor'19 Chowla} - House, Neiru Place, New Delhi- 1 1001 9' 4. The tvlanager,^{Religareri"Eiif in"liinie CompglvLimited' Unit No 604-607' 6th} - i6;;;'i;".i-b, 0n-itecrr'cvn;i P;ali, Sector-3e, Gursaon-1220' 1qry?!9 SI9I"; s. ftre^{'grincn lrlanager,n'"rigur" Heal-thlnsurance companyLimited,RHCL,} " ff'.riolS-i-aZit ta d, Cfin"f"oirs. Cid Floor, 19 Chowla Holrse, Nehru Place New Delhi-1 10019.

¶90

1. i;;'6,in.r1^{nliniger, ReligareHelrlth lnsurance company Limited, Near clock} Tower, Nalgonda^{Town. Nalgonda District-^^.} ,^.

¶91

On; CCto"Sri^{Rapolu Bhasliar'Advocale} LOPUCI. i]. o;; cc io Sri^{Nahda Rao Nama, S.C. for Union of lndia (OPUC)} S. On" CC to^{Sri M.V. Suresh, S,Cfor I R DA (OPUC)}

¶92

i O. One CC to Sri^{N. SrinathRao. Advocate IOPUC)} ii.O;; CC io Sri^{Namavarapu RajeshwarRao,Assistant Solicitor General (OPUC)} 12.One CC to Sri Kota^{Sam6er Kuhar, Advocate(OPU-C)} iS. One CC to Sri S. Satyananda^{Rao, Advocate (OPUC)} 14.Two CD Copies.

N/P\r

HIGH^COURT

DATED:15t0412021

COMMON^ORDER

WP.NOs.^{2196,2235 & 3362 OF 2021}

¶99

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¶100

DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS

Challa Sreenaiah v. The Union of India and 3 others

Case brief

What is this about?

What did the court decide?

Challa Sreenaiah v. The Union of India and 3 others

Case brief

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