Sri. Ajoy Kumar Das v. National Insurance Co. Ltd. & Ors.

Debangsu Basak, J.:— This is an application for restoration. Causes shown are accepted as sufficient. The order dated April 24, 2017 dismissing W.P 11732 (W) of 2017 is recalled. Such writ petition is restored to its original file and number.

2. C.A.N 4183 of 2017 is allowed.

3. The writ petition is taken up for consideration.

4. The petitioner assails a repudiation of claim by the insurance company.

5. The learned advocate for the petitioner submits that, the petitioner is a nominee of the policy of the insurance taken in respect of the deceased. He submits that, the insurance policy covers a death. The insured had drowned accidentally on November 17, 2012. He refers to a police report to such effect. He submits that, since the cause of death is by accidental drowning, the same is covered under the policy of insurance. He points out two letters of repudiation of the insurance company and submits that, the insurance company has acted arbitrarily in rejecting the claim of the petitioner.

6. None appears for the insurance company in spite of service of notice. Affidavit of service filed in Court be kept with the record.

7. The claim of the petitioner arises out of a policy of insurance in respect of the insured. The insured had met with an unnatural death. The police had investigated into such unnatural death and is of the view that, the unnatural death was occasioned due to drowning. The insurance company is of the view that, the unnatural death was caused by depression and is in fact a suicide. The insurance company has proceeded to reject the claim of the petitioner on the ground that, the same is not covered by the policy of insurance.

8. There are disputed questions of facts which are required to be entered into in a more elaborate proceeding than that available by way of a writ petition.

9. In such circumstances, I am not minded to interfere in the present writ petition. W.P 11732 (W) of 2017 is dismissed without any order as to costs.

10. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.