IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21217 OF 2024 (GM-RES)

BETWEEN:

1. MR MAHABALA A KUNDER, AGED ABOUT 70 YEARS, S/O LATE SRI. APPANNA KANCHAN, "ARCHANA", KALMADY, MALPE, UDUPI 576 118 …PETITIONER (BY SRI. DR.S.ARUMUGHAM.,ADVOCATE)

AND:

1. THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS GENERAL MANAGER, DIVISION OFFICE, 'FORTUNE' 4^TH FLOOR, ABOVE MALABAR GOLD, MANGALORE 575 001.

Digitally signed REGISTERED UNDER COMPANY LAW, 1956 by SHWETHA RAGHAVEN DRA

2. THE NEW INDIA ASSURANCE CO. LTD., Location: HIGH REPRESENTED BY ITS DIVISIONAL MANAGER COURT OF KARNATAKA DIVISIONAL OFFICE UDUPI, SRI. RAM ARCADE, OPPOSITE HEAD POST OFFICE, UDUPI 576 101.

REGISTERED UNDER COMPANY LAW, 1956

4. THE MANAGING DIRECTOR THE NEW INDIA ASSURANCE CO. LTD., NO. 87 M.G ROAD, FORT MUMBAI - 400 001.

…RESPONDENTS (BY SRI. RAVISHANKAR C R.,ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER ISSUED BY THE R-3 DTD. 14.03.2024 AT ANNX-G REJECTING THE CLAIM AGAINST THE POLICY VIDE NO. 680022230100000056 DTD. 19.09.2023 AT ANNX-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

" (a) Issue Writ of certiorari or any other writ or order to quash the impugned letter issued by the Third Respondent dated 14.03.2024 at Annexure-G rejecting the claim against the policy vide no. 680022230100000056 dated 19.09.2023 at Annexure-A in the interest of justice and equity.

(b) Consequently direct the Respondents to pay the policy amount of Rs. 20,00,000/- (Rupees Twenty Lakhs only) with interest of 18% p.a. from the date of claim 05.10.2023 till the recovery of the amount (c) Pass such other relief that this Hon'ble Court deems fit under the circumstances of the case in the

2. A perusal of the prayers indicates that the grievance which has been made out in the present writ petition is as regards the rejection of the claim of the petitioner under the Insurance Policy.

3. The petitioner has alternative and efficacious efficacy remedy either under the Consumer Protection Act, 2019 or General Civil Remedy.

4. Reserving liberty to the petitioner to approach the appropriate forum, this petition is disposed SD/-

(SURAJ GOVINDARAJ)

JUDGE Bsv List No.: 1 Sl No.: 55