JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this WP under Article 226 dated January 18, 2012 is seeking the following principal relief: "a)A Writ of or in the nature of Mandamus by quashing the order of hearing dated 17.10.2011 as passed by the Divisional Manager, Howrah Division, New India Assurance Co. Ltd. annexure P-8 to this petition directing the Respondents particular the Respondent nos.1 and 2 to forthwith allow the claim of your petitioner and give a direction to hand over the Cheque amounting to Rs. 5,00,000/- (Rupees five lacs) alongwith interest @ 12% per annum from the date of filing of the claim application i.e. on and from 21.2.2003 to till the date of actual payment."
(2.) The petitioner's case is this. His son Prosanta, killed in an accident on August 29, 2002, had obtained the coverage of a fifteen-year Rs. 5 lakh Group Janata Personal Accident Insurance Policy issued by New India Assurance Company Limited (in short NIACL)in the name of one Golden Trust Financial Services (in short GTFS) on September 11, 2000 nominating his mother to receive the benefit in his absence. The mother lodging the claim died on September 9, 2004.
(3.) Since the claim was settled the petitioner moved a WP No. 3277(W) of 2008 before this Court under Article 226. By an order dated August 3, 2011 the WP was disposed of directing NIACL to decide the claim. Accordingly, NIACL has given the impugned decision dated November 9, 2011 (at p.37).;