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2010 Supreme(Cal) 140

TAPEN SEN
Chand Mohan Saha – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
Md.Yamin Ali, Pranab Kr.Dutta, Kaushik Dey, Dvaipayan Sen Gupta, Arnab Chakraborty.

JUDGMENT

Tapen Sen, J.

1. IN this Writ Petition, the Petitioner, Chand Mohan Saha, prays for an Order commanding upon the Respondents to withdraw the impugned letter dated 26.9.2005 as contained in Annexure- P6 whereby and whereunder he was informed by the Senior Divisional Manager, National INsurance Company that since he had given the intimation about the accident and had submitted his claim after 4 months/15 days from the date of the accident, the same violated Condition No. 1 of the Policy and therefore, his claim was closed as No Claim.

2. THE Petitioner has further prayed for the issuance of an appropriate Writ or a Writ of or in the nature of a Writ of Mandamus Commanding upon the Respondents to settle the claim of the Petitioner with regard to the Janata Personal Accident Claim No. 100300/47059600/77 (Golden Trust Financial Services Claim Ref. No. THE National Insurance Company Ltd./Janata Personal Accident/ 2005/0093) in relation to the death of his son, Sailendra Kumar Saha.

The Petitioner has also prayed for quashing of the aforementioned impugned communication dated 26.9.2005.

3. THE facts as pleaded in the Writ Petition are that the Petitioners son Late Sailendra Kumar






































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