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2022 Supreme(Jhk) 1237

RAJESH SHANKAR
Yatendra Kumar @ Jyotindra Kumar – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Surabhi.
For the Respondents: Mr. Amresh Kumar, Mr. Naresh Prasad Thakur.

JUDGMENT :

The present case is taken up through video conferencing.

2. At the request of the learned counsel for the petitioner, the defects, as pointed out by the office, are ignored.

3. The present writ petition has been filed for quashing the entire proceeding of Certificate Case No. 08 of 2018-19 initiated by the District Certificate Officer, Bokaro (the respondent no. 3) on requisition of the respondent no. 1 and to stay the proceeding of the said certificate case during pendency of the writ petition.

4. Learned counsel for the petitioner submits that the action of the respondent no. 1 (the requisitioning officer) in sending requisition to the respondent no. 3 so as to initiate a certificate proceeding for realisation of an amount of Rs.4,20,843/- is completely illegal as there has been no adjudication by a competent court of law regarding any violation of terms and conditions of the insurance policy. In fact, the learned District Judge-II-cum- Motor Accident Claims Tribunal (M.A.C.T.), Bokaro, vide judgment/award dated 22.05.2018 passed in Motor Accident Claim Case No. 33 of 2016, had given liberty to the respondent no. 1 to realise the compensation amount from the petitioner if

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