Telangana High Court
WP/24916/2004 of Smt.K.Ratnamala W/o.late K.B.A.Rao Vs The Depot Manager APSRTC on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 24916 of 2004 Between: Smt.K.Ratnamala W/o.late K.B.A.Rao Aged about 48 years, Occ: House
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION No. 24916 of 2004
Between: Smt.K.Ratnamala W/o.late K.B.A.RaoAged about 48 years, Occ: House wife,Rajendra Nagar, Rajahmundry, East Godavari DistrictAND1 The Depot Manager APSRTC Ramachandrapuram,East Godavari Dist.2 The Secretary APSRTC,Employees Thrift&Credit&Co-operativeSociety Ltd., Azamabad, Hyderabad3 The Divisional Manager, Oriental Insurance Company,R.K.Mansion, Koti, Hyderabad
..... PETITIONER
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or directions, more in the nature of writ of mandamus directing therespondents herein to pay the insured amount of the petitioner husband with 18%interest for delay in payment.
Counsel for the Petitioner: MR.P.GOVINDA RAJULU
Counsel for the Respondent No.1: KUM.B.G.UMA DEVI
The Court at the stage of admission made the following:
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ORDER:
The petitioner prays for a direction to the respondents to pay theinsured amount of her husband with 18% interest for delay inpayment on the ground that her husband died on 03.06.1999 in atrain accident.
During service the husband of the petitioner had taken JanataPersonal Accident Insurance Scheme through the 3[rd] respondent. But after the death her husband, the respondentshave not paid any insured amount to the petitioner. Hence the writpetition.
By letter dated 08.10.2001 the A.P.S.R.T.C.Employees’ Thrift &Credit & Cooperative Society Limited informed the Depot Managerthat the Oriental Insurance Company has rejected the claimsubmitted in respect of the reported accidental death of the husbandof the writ petitioner due to lack of circumstantial evidence. It is alsostated that it was a doubtful death as perceived by the InsuranceCompany and their efforts to get the claims through the Companycould not yield results. Therefore, the grievance of the petitioner, ifany, has to be adjudicated by filing a suit in a competent Civil Court ofjurisdiction as required under Section 47 of the Insurance Act.
In the circumstances, it is appropriate to give a direction to thepetitioner to avail such other remedy as open under law to seek herredressal.
The Writ Petition is, accordingly, disposed of. No order as to costs.
dsr
To:
1. The Depot Manager, APSRTC,
ASSISTANT REGISTRAR
Ramachandrapuram, East Godavari District
2. The Secretary, APSRTC Employees Thrift &
Credit & Cooperative Society Limited,
Azamabad, Hyderabad
3. The Divisional Manager,
Oriental Insurance Company,
R.K.Mansion, Koti, Hyderabad
4. Two CD copies.