LAWS(MAD)-2005-2-155

M VENKATACHALAPATHY Vs. UNITED INDIA INSURANCE COMPANY LTD

Decided On February 28, 2005
M.VENKATACHALAPATHY Appellant
V/S
UNITED INDIA INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) AMONG the above two writ petitions filed by the one and the same petitioner as against the same respondents viz. , The United India Insurance Company Limited, represented by the Regional Office, Divisional Office and the Branch Office as the respondents 1 to 3, and the Tariff Advisory Committee is the 4th respondent.

(2.) IN the first writ petition above filed in W. P. No. 18519 of 1996 the petitioner would pray to issue of a writ of declaration declaring that the condition given in Section-1 relating to depreciation and condition No. 3 in private Car 'b' policy are invalid and unenforceable and strike down the said conditions as ultra vires of the Constitution as one opposed to public policy.

(3.) IN the second writ petition filed in W. P. No. 18520 of 1996 the same petitioner would pray in a writ of mandamus to be issued directing the respondents herein to pay a sum of Rs. 2,22,000/- together with interest from the date of claim viz. , 16. 5. 1996 to the date of payment and also for the damages and loss suffered by him amounting to Rs. 49,000/ -.