JIYAJEERAO COTTON MILLS LTD Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) IN this case the complainant has brought a claim against the INsurance Company on the ground that there has been an illegal deduction of a sum of Rs.15 lakhs and odd while settling his claim in respect of a certain policy of insurance against fire risks. The records disclose that the INsurance Company had settled the claim long ago and that the dispute now is as to whether the deduction of certain amounts by the INsurance Company while settling the claim was proper in law. This is a matter in respect of which the petitioner should seek his redress before a Civil Court inasmuch as there has been no deficiency in service on the part of the INsurance Company. The receipt passed to the INsurance Company by the petitioner does not indicate that the payment was received by the petitioner under protest. It is however alleged by the petitioner that the amount was received by the Company under protest. This is a matter which the petitioner Company may agitate before the Civil Court for a proper adjudication after taking evidence. This petition is hereby dismissed. It is made clear that the dismissal of this petition will not operate to the prejudice of the petitioner in the matter of pursuing any other remedy that may be open to it in law. Petition dismissed.