Allahabad High Court
Devendra Kumar Gupta vs Sr. Divisional Manager Life Insurance ... on 16 September, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 27175 of 2019 Petitioner :- Devendra Kumar Gupta Respondent :- Sr. Divisional Manager Life Insurance Corporation Of India Counsel for Petitioner :- In Person,S.S.Yadav Counsel for Respondent :- Manish Goyal(Senior Adv.) Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Sri S.S.Yadav, learned counsel for petitioner and perused the record.
2. The writ petition has been filed seeking following reliefs:
"(i) Issue order/ direction in nature of Mandamus to Respondent to settle Insurance claim in indemnify Petitioner Rs.10.0 Lacs along with interest @ 25% from date of claim.
(ii) Issue order/ direction in nature of Mandamus to Respondent to pay Petitioner any other amounts for pains and sufferings as the court thinks deemed fit and proper.
(iii) Issue order/ direction in nature of Mandamus to Respondent to pay Petitioner for giving false and misguiding information to Petitioner as the court thinks deemed fit and proper.
(iv) Issue order/ direction in nature of Mandamus to Respondent to pay Petitioner mesne profits as the court deemed fit and proper.
(v) Issue order/ direction in nature of Mandamus to Respondent or any other remedy as the court thinks deemed fit and proper."
3. At the outset, counsel for petitioner states that Rs.10 lakhs has been paid to petitioner and therefore, relief (i) to the extent of payment of Rs.10 lakhs has become infructuous. Now, he claims that petitioner should be paid interest as well as damages.
4. When questioned, counsel for petitioner could not show any provision under which interest is payable to petitioner. If petitioner claims that he is entitled for damages or compensatory interest under the law of Tort, remedy lies in common law by filing civil suit.
5. Writ petition is accordingly dismissed.
Order Date :- 16.9.2019 KA