Smt. Anju Deka v. The Union of India and 3 Ors

ORDER

13.10.2023 The writ petition has been filed by the Petitioner being aggrieved by the non-settling of the claim of an amount Rs. 15 lakhs by the Respondent No.4 on account of the death of the policy holder in the road traffic accident.

¶2When the matter came up before this Court on 25.09.2023, Mr. R. Goswami, the learned counsel appearing on behalf of the Respondent No.4 had verbally submitted that the Respondent was willing to settle the matter with the petitioner.

¶3Taking into account the above, this Court directed the Respondent No.4 to file an affidavit in that regard. Accordingly, on

10.10.2023 an affidavit was filed by the Senior Manager-Legal of the Respondent No. 4. Paragraphs Nos. 2, 3, 4, 5 and 6 of the said affidavit being relevant are reproduced hereinunder :

¶2That the above-mentioned writ petition registered as W.P.(C) No. 3986/2020 has been filed for non payment of Insured sum of Rs.15,00,000.00 against Policy No. LPGPAD000000001 issued by Cigna TTK Health Insurance Company Limited for the death of policy holder in a road traffic accident.

¶3That when the writ petition had come up for orders on 25.09.203, the Respondent No. 4 submitted that as per instructions from the Company they are willing to settle the matter with the Petitioner. So the Hon'ble Court directed the Respondent No. 4 to file and affidavit in this regard.

¶4That the Respondent No. 4 states that the claim was not repudiated and the Petitioner was also informed that the claim would be settled only after the receipt of the documents within a period of 180 days. This Condition was basically to enable the Respondent No. 4 complete the investigation and formalities. However in the Page No.# 3/3 meantime the petitioner has approached the Insurance Ombudsman who has rejected the complaint petition.

¶5That the Respondent No. 4 states that the Respondent is now in a position to settle the claim as per the terms and conditions of the policy since they have received the documents required for settlement of the claim.

¶6That the Respondent No. 4 is now ready to settle the claim at the amount of Rs. 15,00,000.00(Rupees Fifteen lacs only) as mentioned in the policy and will pay the amount of Rs. 15 lakhs within 6 weeks of the receipt of the order of the Hon'ble Court.

¶4Taking into account the above stand of the Respondent No. 4 to the effect that the Respondent No. 4 would pay an amount of Rs.15 lakhs within 6 weeks from the date of receipt of the order passed by this Court, the Court therefore disposes of the instant writ petition directing the Respondent No. 4 to pay the amount of Rs. 15 lakhs to the Petitioner within 6 weeks from today.

¶5The Registry is directed to serve a copy of the instant order to Mr. R. Goswami, the learned counsel appearing on behalf of the Respondent No. 4 to effect due compliance.

¶6With the above observations and directions, the petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010129782020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3986/2020o SMT.oANJUoDEKAo W/OoLATEoMULUKoDAS,oR/OoVILL-MADHYAMoKHANDA,oNORTHo GUWAHATI,oDIST-KAMRUP,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo3oORS.o REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoFINANCE,o DEPARTMENToOFoFINANCIALoSERVICES,oNEWoDELHI 2:THEoINSURANCEoREGULATORYoANDoDEVELOPMENToAUTHORITY oJEEVANoTARAoBUILDING oFIRSToFLOOR oSANSADoMARG oNEWoDELHI-110001 3:THEoINSURANCEoOMBUDSMAN oGUWAHATI oS.S.oROAD oNEARoPANBAZARoOVERoBRIDGE oGUWAHATI-781001 4:THEoCIGNAoTTKoHEALTHoINSURANCEoCOMPANYoLIMITED o401/402oRAHEJAoTITANIUMoWESTERNoEXPRESSoHIGHWAY oGOREGAONo(EAST) oMUMBAI-40006o For1the1Petitioner11(s)1111111111:11Mr.1J.1Sarmah,1Advocate.1 oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo For1the1Respondent1(s)1111111:1Mr.1R.1Goswami,1Advocate.1 ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooMr.1S.1Dutta,1Sr.1Adv.,1IRDA. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH