Rambabu Mahto v. State of Jharkhand through Secretary, Department of Transport, Government of Jharkhand, Ranchi
2021-07-29
RAJESH SHANKAR
body2021
DigiLaw.ai
ORDER : 1. The present case is taken up today through video conferencing. 2. The present writ petition has been filed for quashing and setting aside letter dated 16.09.2020 (Annexure-7 to the writ petition) and for issuance of direction upon the respondents to refund the total amount which was incurred in repairing the vehicle of the petitioner i.e. Maruti Suzuki model- “Dzire Tour S (Diesel)” bearing its registration no. JH01DH-1766, engine no. 3438566 and chassis no. B86935 along with statutory as well as penal interest thereupon as according to the petitioner his insurance claim was rejected on non-est ground. The petitioner has also prayed for issuance of direction upon the respondent-National Insurance Co. Ltd. as well as the respondent no. 4- Premsons Motor Udyog Pvt Ltd., Kokar, Ranchi to pay ex-gratia amount of Rs.5,00,000/- in lieu of the mental and physical agony faced by him. 3. Heard learned counsel for the parties and perused the content of the writ petition. According to the petitioner, the aforesaid vehicle was purchased by him in the year 2019 and was registered on 31.01.2019. Tax for the said vehicle was paid till 08.12.2030. The said vehicle was purchased for commercial purpose and contract carriage permit was also obtained by the petitioner which was valid from 19.10.2019 to 18.10.2024. The vehicle was ensured with the National Insurance Company Limited and the period of insurance was valid from 02.01.2020 to 01.01.2021. The said vehicle, however, met an accident at Jaina More, Bokaro on 20.05.2020 as a result of which, the same got damaged. Thereafter, the said vehicle was taken to M/s. Premsons Motor, Ranchi for repair and the insured liability was estimated to the extent of Rs.3,23,832/-. However, the said insurance claim was rejected by the respondent-National Insurance Company Limited which was communicated to the petitioner by the respondent no. 4 through e-mail dated 15.09.2020. Under theses background, the petitioner has preferred the present writ petition with aforesaid prayers. 4. Mr. Manish Kumar, learned counsel appearing on behalf of the respondent no. 3, submits that the petitioner has an efficacious recourse before the concerned District Consumer Forum as well as by filing appropriate suit before the competent court of civil jurisdiction and hence the present writ petition is not maintainable. 5. Mr.
4. Mr. Manish Kumar, learned counsel appearing on behalf of the respondent no. 3, submits that the petitioner has an efficacious recourse before the concerned District Consumer Forum as well as by filing appropriate suit before the competent court of civil jurisdiction and hence the present writ petition is not maintainable. 5. Mr. Rishikesh Giri, learned counsel for the petitioner, submits that the main reason for filing the present writ petition is that the District Consumer Forum, Ranchi is presently non-functional. 6. Even if the District Consumer Forum, Ranchi is non-functional, the petitioner cannot be permitted to file writ petition seeking insurance claim as well as compensation particularly keeping in view that the insurance claim involves disputed question of fact requiring adducing of evidence by the parties. It is not a case where the petitioner needs certain interim protection under extra ordinary writ jurisdiction of this Court due to unavailability of the District Consumer Forum. Nevertheless, a writ court cannot assume jurisdiction of the District Consumer Forum or a Civil Court so as to adjudicate dispute of insurance claim requiring finding of facts. 7. Hence, I am of the considered view that that the present writ petition is not maintainable. The same is accordingly dismissed. The petitioner is, however, at liberty to take appropriate recourse as permissible under law for redressal of his grievance.