Dhananjay Sharma v. Department of Transport, Government of Bihar, Patna
Case at a glance
- Bench
- NAVANITI PRASAD SINGH
Outcome
Withdrawn
The writ application is dismissed as withdrawn
Provisions considered
- Insurance Act, 1938 s. 114
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15253 of 2008 Dhananjay Sharma, Son of Shyam, Karan Singh, Resident of Village- Kuarri, P.O.- Kuarri, P.S.- Ghoshi, District- Jehanabad. ….. Petitioner.
The State of Bihar, through the Principal Secretary-cum-Commissioner, VERSUS Department of Transport, Government of Bihar, Patna.
The National Insurance Company Limited through the General Manager/Senior Divisional Manager, Regional Office, Sone Bhawan, Birchand Patel Marg, Patna.
Devendra Kumar, S/o- Rajendra Singh, Resident of Vishal Market, Jehanabad.
Shambhu Kumar, S/o- late Raj Kumar Singh, Resident of Village- Neema, P.O.- Nadma, P.S.- Dhanarua, District- Patna. ….. Respondents. ----------- 02
Operative part
24.03.2009 The petitioner is aggrieved by repudiation of his claim under an insurance policy with the National Insurance Company of India in respect of death of his nephew. In my view, it would only appropriate that the petitioner should resort to the remedy as provided under the Redressal of Public Grievances Rules, 1998 made with reference to Section 114 of the Insurance Act, 1938 before the Ombudsman so appointed, in view of specific statutory alternative remedy available. Learned counsel for the petitioner seeks permission to withdraw this writ application to move an application accordingly before the Ombudsman, who shall entertain and decide the same on merits and in accordance with law. The permission is granted. The writ application is dismissed as withdrawn. Trivedi/ (Navaniti Prasad Singh, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ application is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Insurance Act, 1938 — s. 114.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.