* THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

% 08.07.2025

# Between:

Mango Mass Media Private Limited, Plot No.2,

Women’s Cooperative Society, Road No.2,

Banjara Hills, Hyderabad

Petitioner

VERSUS

UNITED INDIA INSURANCE COMPANY LIMITED,

through its Chairman and Managing Director,

Bhavani Nagar, Moosapet X Roads,

Kukatpally Circle, Hyderabad.

Respondent

! Counsel for Petitioner(s) : Sri P. Kamalakar,

learned counsel for petitioner

^Counsel for the respondent(s): Sri Srinivasa Rao Pachwa,

Learned Standing Counsel

for respondent

> HEAD NOTE:

? Cases referred

1) (2001) 2 SCC 160 2) (2009) 7 SCC 787

THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.29921 of 2024

ORDER

Heard Sri P. Kamalakar, learned counsel for the petitioner and Sri Srinivasa Rao Pachwa, learned Standing Counsel appearing for respondent. With their consent, the writ petition is being taken up for disposal at the admission stage itself. Perused the record.

2. This Writ Petition is filed with the following prayer:

“(i) issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondent in arbitrarily ignoring and disregarding the second final Survey report dt.31-05-2023 [Ex-P8] recommended claim settlement on TOTAL LOSS BASIS and the repairers final estimate dt. 24-12-2022 [Ex-P6] gives repair cost of more than the IDV which is TOTAL LOSS BASIS claim settlement, thereby not settling the Claim No.052003120C050126001, as arbitrary, illegal, unjust, as same is contrary to second final Survey report dt.31-05-2023 [Ex-P8] and repairers final estimate dt. 24- 12-2022 [Ex-P6], and is also against Terms and conditions of Policy schedule issued by Respondent to the Petitioner, and is also against the settled Insurance Practice and Law and judgments and is in violation of principles of natural justice and is also against Article 14, 16 and 300-A of the Constitution of India, and (ii) issue a writ, order or direction more particularly one in the nature of writ of Mandamus directing the Respondent to consider Survey report dt.31-05-2023 [Ex-P8] and repairers final estimate dt. 24-12-2022 [Ex-P6] read with Terms and Conditions of Policy Schedule, and settle the Claim No. 052003120C050126001 of the writ petitioner on TOTAL LOSS BASIS as per Terms and Conditions of Policy Schedule and accordingly pay the below amount, without any further delay:

a) Immediate Claim settlement on TOTAL LOSS BASIS on full IDV of Rs. 5,14,24,710/- plus interest @12% per annum from 12-02-2021 [i.e the date of claim] to till the receipt of full IDV amount by the Petitioner.

b) The Petitioner has been without Vehicle for the last about three and half years and hence direct the Respondent to pay to the Petitioner the compensation @ Rs 10000 per day from 12-02-2021 to till date of claim settlement on TOTAL LOSS BASIS and receipt of the amount by the Petitioner, which is in addition to the claim amount mentioned in Para (3) (W) (ii) (a) hereinabove.

c) The Petitioner's Vehicle is parked for log time in the garage as advised by the Respondent. However, due to inaction of Respondent, the Petitioner will be liable to pay parking charges @ Rs 5000 per day. Thus, Respondent is liable and be direated to pay parking charges for the period from 12-02-2021 to till date of claim settlement on TOTAL LOSS BASIS and receipt of the amount by the Petitioner, which is in addition to the claim amount mentioned in Para (3) (W) (ii) (a) & (b) hereinabove. The Petitioner is agreeable that these parking charges [on actual basis] can be paid by Respondent directly [on behalf of the Petitioner] to the concerned person/entity providing the parking.

d) Since the Petitioner has been under tremendous pressure and experiencing the harassment from Insurer to settle his genuine claim on TOTAL LOSS BASIS and further, the Petitioner is repeatedly being subjected to multiple and unauthorised investigations by unlawful agencies even after admitting the claim, which is not acceptable and it amounts to me