Narayan Dutt Gupta v. Chairman-cum-Managing Director, New India Assurance Company Limited
2022-01-03
RAJESH SHANKAR
body2022
DigiLaw.ai
JUDGMENT : 1. The present writ petition has been filed for quashing the letter dated 8th November, 2018 (Anneure-5 to the writ petition) issued by the Branch Manager of the respondent no.2, whereby the petitioner has been informed that his claim under the medical insurance policy has been closed and the same has accordingly been repudiated. Further prayer has been made for quashing the award dated 26th July, 2019 (Annexure-6 to the writ petition) passed by the Insurance Ombudsman for Bihar and Jharkhand, whereby the complaint lodged by the petitioner against repudiation of his medical insurance claim by the respondent- New India Assurance Company Limited, Dhanbad Branch Office, Dhanbad has been dismissed. 2. Mr. Manish Kumar, learned counsel for the respondents-New India Assurance Company Limited raises preliminary objection with regard to maintainability of the present writ petition on the ground that the petitioner has efficacious remedy against the impugned letter dated 8th November, 2018 issued by the Branch Manager of the respondent no.2 and the award dated 26th July, 2019 passed by the Insurance Ombudsman. 3. Having heard learned counsel for the parties and keeping in view that the petitioner has efficacious/alternative remedy against the impugned letter dated 8th November, 2018 issued by the Branch Manager of the respondent no.2 and the award dated 26th July, 2019 passed by the Insurance Ombudsman, I am not inclined to entertain the present writ petition and the same is, accordingly, dismissed as not maintainable. 4. The petitioner is, however, at liberty to take recourse of alternative remedy available to him under law.