ML360 March 2025 18.03.2025 Court No.19 SK IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 1766 of 2020 I.A. No. CAN 1 of 2022 Samit Uje Modak Vs. National Insurance Company Ltd. & Ors. Mr. Chandan Datta, Ms. Rituparna Das … for the Petitioner. Affidavit-of-service filed on behalf of the petitioner be kept with the record. In spite of service none appears on behalf of the respondents. Re : CAN 1 of 2022 This is an application for recalling of the order dated August 03, 2022 whereby the writ petition was dismissed for default. Perused the application. Sufficient cause has been shown which prevented the petitioner to appear before the Court when the matter was called on for hearing. The order dated August 03, 2022 therefore is recalled. W.P.A. 1766 of 2020 is restored to its original file and number. I.A. No. CAN 1 of 2022 is disposed of without any order as to costs. Re : W.P.A. 1766 of 2020 The writ petition is taken up for final disposal. The father of the petitioner was insured under Group Janata Personal Accident Insurance Policy. He died on May 26, 2016 in a road accident. The petitioner being the son, had lodged a claim against the said insurance policy but on August 10, 2017, the same was rejected on the ground that the said policy was valid for the age group from 05 years to 58 years, but from the record it was detected that the age of the father of the petitioner at the time of taking the policy was 61 years. The petitioner has assailed the said rejection. Learned advocate for the petitioner submits that the insurance company during the pendency of the writ petition by a letter dated March 03, 2025 has requested the petitioner to submit some documents mentioned therein to re-visit its earlier decision and to dispose of the said claim. In view of such stand of the National Insurance Company Limited, the respondent no. 1 herein, the writ petition being W.P.A. 1766 of 2020 is disposed of by directing the said respondent to decide the claim of the petitioner afresh, after giving him an opportunity of submitting the documents requisitioned under the aforementioned letter dated March 03, 2025. There shall be no order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities. (Biswajit Basu, J.) 2