High Court · 2024

W.P.Nos.475 of 2023 & 24885 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.10.2024CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.475 of 2023 & 24885 of 2021andWMP.No.26196 of 2021W.P.No.475 of 2023:Suganya ...PetitionerVs.1.The Insurance Regulatory and Development Authority of India,Represented by its Chairperson,Office at Sy.No.115/1, Financial District,Nanakramgua, Gachibowli, Hyderbad, Andhra Pradesh State.2.The Reserve Bank of India,Represented by its Director,Fort Glacis, No.16, Rajaji Road,Fort St. George, Chennai.3.HDFC Ergo General Insurance Company Limited,Represented by its Managing Director,6th Floor, Leela Business Park,Andheri Kurla Road, Andtheri(East), Mumbai – 400 059.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 20214.Housing Finance Corporation Limited,Represented by its Managing Director,Head Office:Ramon House, HT Parkeh Marg,No.169, Backbay Reclamation, Chruchgate, Mumbai – 400 020.5.The Branch Manager, HDFC Ergo General Insurance Company Limited, Race Course, Coimbatore – 641 018.6.Housing Development Finance Corporation Limited,Represented by its Manager,HDFC House, No.29, Kamaraj Road (Near Circuit House),Coimbatore – 641 018. ...Respondents Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to disburse the statutory insured amount of Rs.10,29,662/-(Ten Lakhs Twenty Nine Thousand and Six Hundred Sixty Two Rupees only) along with rate of interest @ 12% from the date of Claim i.e. 13.11.2019 and consequently direct the 6th respondent not to take any coercive steps against recovery of dues until disposal of the representation of the petitioner dated 02.01.2023 with appropriate compensation for the pain, panic and mental agony of the petitioner.W.P.No.24885 of 2021:1.The Branch Manager,HDFC Ergo General Insurance Company Ltd.,Race Course, Coimbatore – 641 018.2.HDFC Ergo General Insurance Company Ltd.,Rep. by Manager / Incharge (Head Office),6th Floor, Leeela Business Park, Andheri Kurla Road,Aandheri East, Mumbai – 400 059. ...PetitionersPage No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021Vs.1.Suganya2.HDFC Bank Ltd.,Rep. by Manager / Incharge,Kamarajar Salai, Circuit House,Coimbatore.3.The Permanent Lok Adalat Officer,Coimbatore. (R3, suo motu impleaded vide order dated 22.11.2021 made in W.P.No.24885 of 2021) ...Respondents Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari to call for the records of the District Judge, Permanent Lok-Adalat and consequently quash the order dated 20.09.2021 passed in PLA. No. 1 of 2021 on the file of District Judge / Permanent Lok Adalat, Coimbatore in so far as the petitioners Insurance company is concerned.In W.P.No.475 of 2023:For Petitioner: Mr.M.Dinesh for Mr.S.NagarajanFor Respondents: M/s.Bhargavi Gopalan, for R3 & R5: Mr.K.J.Parthasarathy, for R6: No Appearance, for R1, 2 & 4In W.P.No.24885 of 2021:For Petitioners: Mr.S.ArunkumarFor Respondents: Mr.R.Babu, for R1: Mr.K.J.Parthasarathy, for R2 Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021COMMON ORDERSince the issue involved in both the Writ petitions are interconnected, they are disposed of by way of this common order.2. It is the case, as seen from the records that the insured, one Santhosh Kumar, who is the husband of the petitioner in WP No.475 of 2023 took a home loan with HDFC Bank and approached the petitioners in W.P.No.24885 of 2021 for issuance of a mediclaim policy in Home Suraksha Policy for the period 2.1.2018 to 1.1.2023. The insured died on 13.11.19 due to Myocardial infraction and, the spouse of the deceased claimed a sum of Rs.10,29,662/- under the said policy, which stood repudiated as it did not fulfil the policy conditions. Aggrieved by the said repudiation, the spouse of the deceased file petition in PLA.No.1 of 21 before the Permanent Lok Adalat. However, the insurance could not be represented in the Lok Adalat due to COVID restrictions. However, the Lok Adalat failed to appreciate the same and directed the insurance company to pay the quantified compensation aggrieved by which W.P.No.24885 of 2021 has been filed. Since the amount has not been disbursed, the spouse of the deceased has filed W.P.No.475 of Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 20212023 seeking direction to dispose of her representation with regard to payment of compensation and also pay the compensation along with interest.3. Learned counsel appearing on behalf of the insurance company submitted that, the claimant filed PLA.No.1 of 2021. The deceased obtained a housing loan and while availing the housing alone, he also obtained Mediclaim policy. However the deceased had not revealed the aliments in the mediclaim policy and also in the claim petition leading to repudiation of the claim in PLA.No.1 of 21. However the District Legal Services authority without providing opportunity to the insurance company passed an exparte order, which is not sustainable and the impugned order has to necessarily be interfered with and the matter has to be remanded back for fresh consideration.4. Learned counsel for the claimant while did not controvert the submissions advanced on behalf of the insurance company, further submitted that the claimant has no objection for remanding the matter to the Permanent Lok Adalat.Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 20215. In view of the fair stand taken by learned counsel on either side, this Court without going into the merits of the case is inclined to set aside the impugned order and accordingly the impugned order dated 20.09.2021 passed in PLA.No.1 of 2021 is set aside and the matter is remanded to the file of the District Legal Services Authority, Coimbatore and the District Legal Services Authority, Coimbatore, shall take up the matter for fresh consideration and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the parties. 6. In view of the aforesaid directions, while W.P.No.24885 of 2021 is allowed, W.P.No.475 of 2023 is disposed of with the aforesaid observations and directions. No costs. Consequently, the connected Miscellaneous petition is closed.14.10.2024sktNCC: Yes/NoIndex: Yes/NoSpeaking Order: Yes/NoPage No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021To:1.The Insurance Regulatory and Development Authority of India,Represented by its Chairperson,Office at Sy.No.115/1, Financial District,Nanakramgua, Gachibowli, Hyderbad, Andhra Pradesh State.2.The Reserve Bank of India,Represented by its Director,Fort Glacis, No.16, Rajaji Road,Fort St. George, Chennai.3.The Permanent Lok Adalat Officer,Coimbatore. Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021M.DHANDAPANI, J.skt W.P.Nos.475 of 2023 & 24885 of 2021andWMP.No.26196 of 202114.10.2024Page No.8 of 8

W.P.Nos.475 of 2023 & 24885 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.10.2024CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.475 of 2023 & 24885 of 2021andWMP.No.26196 of 2021W.P.No.475 of 2023:Suganya ...PetitionerVs.1.The Insurance Regulatory and Development Authority of India,Represented by its Chairperson,Office at Sy.No.115/1, Financial District,Nanakramgua, Gachibowli, Hyderbad, Andhra Pradesh State.2.The Reserve Bank of India,Represented by its Director,Fort Glacis, No.16, Rajaji Road,Fort St. George, Chennai.3.HDFC Ergo General Insurance Company Limited,Represented by its Managing Director,6th Floor, Leela Business Park,Andheri Kurla Road, Andtheri(East), Mumbai – 400 059.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 20214.Housing Finance Corporation Limited,Represented by its Managing Director,Head Office:Ramon House, HT Parkeh Marg,No.169, Backbay Reclamation, Chruchgate, Mumbai – 400 020.5.The Branch Manager, HDFC Ergo General Insurance Company Limited, Race Course, Coimbatore – 641 018.6.Housing Development Finance Corporation Limited,Represented by its Manager,HDFC House, No.29, Kamaraj Road (Near Circuit House),Coimbatore – 641 018. ...Respondents Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to disburse the statutory insured amount of Rs.10,29,662/-(Ten Lakhs Twenty Nine Thousand and Six Hundred Sixty Two Rupees only) along with rate of interest @ 12% from the date of Claim i.e. 13.11.2019 and consequently direct the 6th respondent not to take any coercive steps against recovery of dues until disposal of the representation of the petitioner dated 02.01.2023 with appropriate compensation for the pain, panic and mental agony of the petitioner.W.P.No.24885 of 2021:1.The Branch Manager,HDFC Ergo General Insurance Company Ltd.,Race Course, Coimbatore – 641 018.2.HDFC Ergo General Insurance Company Ltd.,Rep. by Manager / Incharge (Head Office),6th Floor, Leeela Business Park, Andheri Kurla Road,Aandheri East, Mumbai – 400 059. ...PetitionersPage No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021Vs.1.Suganya2.HDFC Bank Ltd.,Rep. by Manager / Incharge,Kamarajar Salai, Circuit House,Coimbatore.3.The Permanent Lok Adalat Officer,Coimbatore. (R3, suo motu impleaded vide order dated 22.11.2021 made in W.P.No.24885 of 2021) ...Respondents Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari to call for the records of the District Judge, Permanent Lok-Adalat and consequently quash the order dated 20.09.2021 passed in PLA. No. 1 of 2021 on the file of District Judge / Permanent Lok Adalat, Coimbatore in so far as the petitioners Insurance company is concerned.In W.P.No.475 of 2023:For Petitioner: Mr.M.Dinesh for Mr.S.NagarajanFor Respondents: M/s.Bhargavi Gopalan, for R3 & R5: Mr.K.J.Parthasarathy, for R6: No Appearance, for R1, 2 & 4In W.P.No.24885 of 2021:For Petitioners: Mr.S.ArunkumarFor Respondents: Mr.R.Babu, for R1: Mr.K.J.Parthasarathy, for R2 Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021COMMON ORDERSince the issue involved in both the Writ petitions are interconnected, they are disposed of by way of this common order.2. It is the case, as seen from the records that the insured, one Santhosh Kumar, who is the husband of the petitioner in WP No.475 of 2023 took a home loan with HDFC Bank and approached the petitioners in W.P.No.24885 of 2021 for issuance of a mediclaim policy in Home Suraksha Policy for the period 2.1.2018 to 1.1.2023. The insured died on 13.11.19 due to Myocardial infraction and, the spouse of the deceased claimed a sum of Rs.10,29,662/- under the said policy, which stood repudiated as it did not fulfil the policy conditions. Aggrieved by the said repudiation, the spouse of the deceased file petition in PLA.No.1 of 21 before the Permanent Lok Adalat. However, the insurance could not be represented in the Lok Adalat due to COVID restrictions. However, the Lok Adalat failed to appreciate the same and directed the insurance company to pay the quantified compensation aggrieved by which W.P.No.24885 of 2021 has been filed. Since the amount has not been disbursed, the spouse of the deceased has filed W.P.No.475 of Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 20212023 seeking direction to dispose of her representation with regard to payment of compensation and also pay the compensation along with interest.3. Learned counsel appearing on behalf of the insurance company submitted that, the claimant filed PLA.No.1 of 2021. The deceased obtained a housing loan and while availing the housing alone, he also obtained Mediclaim policy. However the deceased had not revealed the aliments in the mediclaim policy and also in the claim petition leading to repudiation of the claim in PLA.No.1 of 21. However the District Legal Services authority without providing opportunity to the insurance company passed an exparte order, which is not sustainable and the impugned order has to necessarily be interfered with and the matter has to be remanded back for fresh consideration.4. Learned counsel for the claimant while did not controvert the submissions advanced on behalf of the insurance company, further submitted that the claimant has no objection for remanding the matter to the Permanent Lok Adalat.Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 20215. In view of the fair stand taken by learned counsel on either side, this Court without going into the merits of the case is inclined to set aside the impugned order and accordingly the impugned order dated 20.09.2021 passed in PLA.No.1 of 2021 is set aside and the matter is remanded to the file of the District Legal Services Authority, Coimbatore and the District Legal Services Authority, Coimbatore, shall take up the matter for fresh consideration and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the parties. 6. In view of the aforesaid directions, while W.P.No.24885 of 2021 is allowed, W.P.No.475 of 2023 is disposed of with the aforesaid observations and directions. No costs. Consequently, the connected Miscellaneous petition is closed.14.10.2024sktNCC: Yes/NoIndex: Yes/NoSpeaking Order: Yes/NoPage No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021To:1.The Insurance Regulatory and Development Authority of India,Represented by its Chairperson,Office at Sy.No.115/1, Financial District,Nanakramgua, Gachibowli, Hyderbad, Andhra Pradesh State.2.The Reserve Bank of India,Represented by its Director,Fort Glacis, No.16, Rajaji Road,Fort St. George, Chennai.3.The Permanent Lok Adalat Officer,Coimbatore. Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.475 of 2023 & 24885 of 2021M.DHANDAPANI, J.skt W.P.Nos.475 of 2023 & 24885 of 2021andWMP.No.26196 of 202114.10.2024Page No.8 of 8