SUJIT KUMAR BANERJEE Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The writ petitioner seeks a writ of mandamus commanding the respondents not to give effect to the endorsement made in a policy of insurance. The writ petitioner is an agent of the respondent No. 1. The writ petitioner obtained various insurance businesses for the respondent No. 1. The writ petitioner claims to be entitled to commission on account of such business obtained on behalf of the respondent No. 1. Alleging wrongful denial of legitimate commission receivable by the writ petitioner, he has filed a writ petition being W.P. No. 304 of 2009 apart from the present writ petition.

(2.) The respondents did not use any affidavit in the writ petition. Reliance was, however, placed on the affidavit of the respondents in W.P. No. 304 of 2009. It is contended on behalf of the respondents that, no commission is payable on the policy concerned in view of the Circular dated February 22, 2005. Secondly it is contended that, the Kolkata Police Force in whose favour the insurance policy was issued in not a party to the present writ petition. It was also contended that, since special discount to the insured was given, no commission is payable in terms of the various clauses of the Circular dated February 22, 2005.

(3.) I have considered the rival contentions of the parties and the materials made available on the record. The petitioner has filed the present writ petition after it had moved the Court for receipt of commission by way of a writ petition being W.P. No. 304 of 2009. The writ petitioner is an agent of the respondent No. 1. The writ petitioner also has a licence from the Insurance Regulatory and Development Authority. The writ petitioner obtained business for the respondent No. 1 from the Kolkata Police Force. His entitlement for commission is the subject matter in W.P. No. 304 of 2009. The present writ petition relates to an endorsement made on a policy of insurance issued to the Kolkata Police Force. The policy of insurance is a group mediclaim policy. The offending endorsement of the policy is as follows: - Sabyasachi Chowdhury,Soumen Datta,Soma Kar Ghosh,Aniruddha Chatterjee,Rajesh Singh