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Madras High Court

Uma Maheshwari vs Insurance Regulatory And Development ... on 1 June, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                      W.P.Nos.13931 and 13936 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 01.06.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                          W.P.Nos.13931 and 13936 of 2023

                     Uma Maheshwari                                               ... Petitioner
                                                                                   in both W.Ps'

                                                       Vs.

                     1. Insurance Regulatory and Development Authority of India
                          Consumer Affairs Department - Grievance Redressal Cell,
                        Sy.No.115/1, Financial District - Nanakramguda,
                        Gachibowli,
                        Hyderabad - 500 032.

                     2. The Office of the Insurance Ombudsman,
                        Fatima Akhtar Court,
                        4th Floor, 453, Anna Salai,
                        Teynampet,
                        Chennai - 600 018.                          ... Respondents 1 and 2
                                                                          in both W.Ps'

                     3. The Grievance Redressal Committee,
                        ICICI Prudential Life Insurance Company Limited,
                        Claims Cell, Ground Floor,
                        Unit No.1A & 2A, Raheja Tipco Plaza,
                        Rani Sati Marg, Malad (East),
                        Mumbai – 400097.

                     _________
                     Page 1 of 7


https://www.mhc.tn.gov.in/judis
                                                                          W.P.Nos.13931 and 13936 of 2023

                     4. ICICI Prudential Life Insurance Company Limited,
                        Ground Floor and Upper Basement,
                        Unit No.1A&2A, Raheja Tipco Plaza,
                        Rani Sati Marg, Malad (East),
                        Mumbai - 400 097.                            ... Respondents 3 and 4
                                                                    in W.P.No.13931 of 2023
                     5. The Claims Review Committee,
                        HDFC Life Insurance Company Limited,
                        5th Floor, ILFS Building,
                        Plot No.C-22, G-Block,
                        Bandra – Kurla Complex, Bandra (E),
                        Mumbai – 400 051.

                     6. HDFC Life Insurance Company Limited,
                        11th Floor, Lodha Excelus,
                        Apollo Mills Compound,
                        N.M.Joshi Marg, Mahalaxmi,
                        Mumbai – 400 011.                                ... Respondents 5 and 6
                                                                        in 3rd & 4th Respondents
                                                                        in W.P.No.13936 of 2023
                     COMMON PRAYER : Petitions filed under Article 226 of the Constitution
                     of India praying for issuance of Writ of Mandamus, directing the
                     respondents 1 to 3 to take action against the fourth respondent in respective
                     petitions and to make payment of insurance benefits in policy of Rupees
                     One Crore as Insurance Cover amount and Rupees One Crore as Additional
                     Insurance Cover Amount from ICICI Prudential Life Insurance, Policy name
                     as ICICI Pru iprotect Smart in Policy No.60175718 and HDFC Life Click 2
                     Protect 3D plus in Policy No.21726264 respectively to the petitioner with
                     due interest from the date of death till the payment is made.

                     _________
                     Page 2 of 7


https://www.mhc.tn.gov.in/judis
                                                                             W.P.Nos.13931 and 13936 of 2023



                                   For Petitioner
                                   in both W.Ps        :         Ms.S.Mahalakshmi


                                               COMMON ORDER

These Writ Petitions have been filed for a direction to the respondents1 to 3 to take action against the fourth respondent in respective petitions and to make payment of insurance benefits in policy of Rupees One Crore as Insurance Cover amount and Rupees One Crore as Additional Insurance Cover Amount from ICICI Prudential Life Insurance, Policy name as ICICI Pru iprotect Smart in Policy No.60175718 and HDFC Life Click 2 Protect 3D plus in Policy No.21726264 respectively to the petitioner with due interest from the date of death of her husband till the payment is made.

2. The case of the petitioner is that the petitioner's husband is a holder of Life Insurance Policy and he passed away on 09.11.2020.

However, the policy amount has not been disbursed to the petitioner.

Therefore, the petitioner has made an application to the concerned respondents on 30.10.2022, but the same has not been considered till date.

_________ Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.13931 and 13936 of 2023 Hence, the petitioner has filed these Writ Petitions with the aforesaid prayer.

3. Though very many grounds have been raised in these Writ Petitions, it would suffice, if this Court may issue a direction to the respondents to consider the petitioner's application dated 30.10.2022 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's application dated 30.10.2022 and pass appropriate orders, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, these Writ Petitions are disposed of.

_________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.13931 and 13936 of 2023 No costs.

01.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To _________ Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.13931 and 13936 of 2023

1. Insurance Regulatory and Development Authority of India Consumer Affairs Department - Grievance Redressal Cell, Sy.No.115/1, Financial District - Nanakramguda, Gachibowli, Hyderabad - 500 032.

2. The Office of the Insurance Ombudsman, Fatima Akhtar Court, 4th Floor, 453, Anna Salai, Teynampet, Chennai - 600 018.

3. The Grievance Redressal Committee, ICICI Prudential Life Insurance Company Limited, Claims Cell, Ground Floor, Unit No.1A & 2A, Raheja Tipco Plaza, Rani Sati Marg, Malad (East), Mumbai – 400097.

4. ICICI Prudential Life Insurance Company Limited, Ground Floor and Upper Basement, Unit No.1A&2A, Raheja Tipco Plaza, Rani Sati Marg, Malad (East), Mumbai - 400 097.

5. The Claims Review Committee, HDFC Life Insurance Company Limited, 5th Floor, ILFS Building, Plot No.C-22, G-Block, Bandra – Kurla Complex, Bandra (E), Mumbai – 400 051.

6. HDFC Life Insurance Company Limited, 11th Floor, Lodha Excelus, Apollo Mills Compound, N.M.Joshi Marg, Mahalaxmi, Mumbai – 400 011.

_________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.13931 and 13936 of 2023 M.DHANDAPANI,J.

vji W.P.Nos.13931 and 13936 of 2023 01.06.2023 _________ Page 7 of 7 https://www.mhc.tn.gov.in/judis