SHIV PRASAD JAISWAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India mandamus is sought to the extent that respondents/National Insurance Co. Ltd. be directed to settle the insurance claim of the petitioner.

(2.) From the pleadings it appear that the petitioner had purchased a truck bearing Registration No. MP17-B-7836 which met with an accident. The said truck has been purchased on the loan obtained from the Mahindra and Mahindra Financial Service Ltd. Grievance of the petitioner is that despite of all the formalities done by him, the Insurance Co. is not settling the claim, as a result whereof the petitioner is not able to repay the loan and operate the truck in question.

(3.) The grievance which the petitioner has put forth is of civil nature. The insurance claim which the petitioner intends to recover from the National Insurance Co. Ltd. arises out of a contract entered into between the petitioner and the said Insurance Co. The terms and conditions on the basis whereof the claim could be settled are being fulfilled or not cannot be gone into a petition under Article 226 of the Constitution and for settlement of claim by contractual obligation, the petitioner can seek the same by availing the remedy in a Civil Court as the same would require adjudication. In the result the petition is disposed of with a liberty to the petitioner to avail the remedy before the Civil Court.