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2025 DAILYLAW 105711 (ALL)

SMT SANGEETA AGRAHARI v. UCO BANK MAIN BRANCH VARANASI AND 2 OTHERS

WRIC/36293/2024 · 2025-02-11

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19909-DB Court No. - 29 Case :- WRIT - C No. - 36293 of 2024 Petitioner :- Smt Sangeeta Agrahari Respondent :- Uco Bank Main Branch Varanasi And 2 Others Counsel for Petitioner :- Dharmendra Kumar Pandey Counsel for Respondent :- Ajay Shankar Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Petitioner's husband had availed loan from respondent UCO Bank, Varanasi. This loan was secured by the respondent no.3- Kotak Mahindra Life Insurance Company. 2. It is alleged that petitioner's husband has died and, therefore, the Insurance Company ought to have indemnified the petitioner who is a widow in terms of the policy. The private insurance company however has repudiated the claim. Thus aggrieved the petitioner is before this Court. 3. Learned counsel for the petitioner submits that the petitioner is a widow and the action of the respondent insurance company is arbitrary. 4. An objection is taken to the maintainability of the writ on the ground that insurance company is a private insurance company and for any violation of the terms of the policy, a writ petition would not be maintainable. It is also submitted that the petitioner is aggrieved by the action of the private insurance company, she has the remedy of approaching the insurance ombudsman. 5. We find substance in the objection of the respondents inasmuch as for any breach of the policy condition or failure on part of the private insurance company to honour the terms of the policy a writ ordinarily would not lie. 6. In the facts of the case, remedy of the petitioner would be to approach the competent forum to deal with the issue i.e. Insurance Ombudsman appointed under Rule 7 of Insurance Ombudsman Rules, 2017. It goes without saying that if such a claim raised, the same shall be dealt with in accordance with law expeditiously. 7. Accordingly, this petition is consigned to records. Order Date :- 11.2.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad