MRIDULA GUPTA AND ANOTHER v. THE INSURANCE REGULATORY AUTHORITY OF INDIA (IRDAI) THRU. AUTHORIZED PERSON AND 2 OTHERS
WRIC/2458/2025 · 2025-03-12
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128033 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15307-DB Court No. - 2 Case :- WRIT - C No. - 2458 of 2025 Petitioner :- Mridula Gupta And Another Respondent :- The Insurance Regulatory Authority Of India (Irdai) Thru. Authorized Person And 2 Others Counsel for Petitioner :- Jalaj Kumar Gupta Counsel for Respondent :- Mohd.Altaf Mansoor,Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The husband of petitioner no. 1 had taken an insurance policy from opposite party no. 2 which is a private insurance company. The opposite party no. 2 has not decided the claim of petitioners as claimed by their counsel. However, counsel for the opposite party no. 1 i.e. Insurance Regulatory Development Authority of India says that apart from the fact that the opposite party no. 1 does not have any authority to adjudicate the dispute between the claimant and the insurance company, it appears that opposite party no. 2 has responded to the notice of the petitioners by stating that the claim is deficient for the reasons mentioned in the communication dated
01.02.2025.
3. In view of the aforesaid, as opposite party no. 2 is a private insurance company, if there is a claim then the petitioners can approach the Permanent Lok Adalat under Section 22A of the Legal Services Authorities Act,1987 if permissible in law, otherwise, the petitioners may avail the other remedies as may be available in law, but, a writ petition under Article 226 of the Constitution of India is not maintainable, especially as, there is no power with the opposite party no. 1 to adjudicate a dispute with regard to the insurance policy or claim.
4. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 12.3.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench