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2025 DAILYLAW 23334 (RAJ)

UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD. v. KAMU KANWAR W/O SWAROOP SINGH

CW/10224/2025 · 2025-08-18

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:32195] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10224/2025 Universal Sompo General Insurance Company Ltd., Registered And Corporate Office 8Th And 9Th Floor (South Side), Comerz International Business Park, Oberoi Garden City, Off Western Express Highway, Goregaon East, Mumbai - 400063 Through Its Constituted Attorney. ----Petitioner Versus 1. Kamu Kanwar W/o Swaroop Singh, Bhoongra, Bhungra, Jodhpur, Rajasthan - 342022 2. The Insurance Ombudsman, Gound Floor, Jeevan Nidhi-Ii, Bhawani Singh Road, Jaipur- 302005 ----Respondents For Petitioner(s) : Mr. Prakhar Agarwal, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 18/08/2025 1. The present petition is filed assailing the facts which are adjudicated by the Insurance Ombudsman vide impugned order dated 05.06.2025. 2. Learned counsel for the petitioner submits that an award of Rs. 10 lakhs was passed qua senior citizen, aged 65 years, who died due to cardio-respiratory arrest, as confirmed by the postmortem report. It is further submitted that, as per Rule 17 of the Insurance Ombudsman Rules, the sole remedy available against the Ombudsman's order is to file a writ petition. Thus, the present petition is filed. [2025:RJ-JP:32195] (2 of 2) [CW-10224/2025] 3. Having heard and considered the submissions made by the learned counsel and upon perusal of the impugned order dated 05.06.2025, the investigation report concerning the personal accident case involving the respondents and the provisions of the Rule 17 of the Insurance Ombudsman Rules, this Court has noted that the said rule limits the scope of challenge to the Ombudsman's order. Moreover, Medical Officer's report at ‘page 34’, reflects that the cause of cardio-respiratory arrest could be attributed to snake venom. Further, a writ petition is maintainable only in cases involving a glaring error of law, highly disputed facts, or exceptional circumstances such as fraud, therefore, this Court finds no reason to interfere in the present petition. 4. In light of the above, the present petition is, accordingly, dismissed. All pending applications, if any, stand disposed of. (SAMEER JAIN),J CHANDAN /34