RAMBABU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(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 dtd. 16/9/2020 (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.5,00,000.00 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 31/1/2019. Tax for the said vehicle was paid till 8/12/2030. 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 2/1/2020 to 1/1/2021. The said vehicle, however, met an accident at Jaina More, Bokaro on 20/5/2020 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.3,23,832.00. 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 dtd. 15/9/2020. Under theses background, the petitioner has preferred the present writ petition with aforesaid prayers.