Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court held that the insurance company must pay Rs.62,434 to Tata Capital and Rs.11,566 to the petitioner from the settlement amount.
Summary
Petitioner Raushan Kumar filed a writ petition seeking payment of a settlement amount from Tata A.I.G. General Insurance Company. The parties agreed that a total of Rs.74,000 would be paid, of which Rs.62,434 would satisfy the petitioner’s debt to Tata Capital and the balance of Rs.11,566 would go to the petitioner. The court examined whether the insurance company was bound to honor this settlement under the insurance contract. It directed the insurer to disburse Rs.62,434 to Tata Capital and the remaining Rs.11,566 to the petitioner within two weeks. The petition was thereafter disposed.
Issues considered
- Whether the insurance company is obligated to pay the agreed settlement amount, allocating Rs.62,434 to Tata Capital and the balance to the petitioner
Subjects
- insurance
- settlement
- writ petition
- civil writ jurisdiction
- payment
- contract
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3499 of 2025
======================================================
Raushan Kumar, Son of Ram Chandra Sah, Resident of village - Khairatali
near Surya Mandir, P.S. Parsa Bazar, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Patna.
2. Tata A.I.G. General Insurance Company 5th Floor A.M.S. Park, Boring
Road Crossing, Hira Panna Jewelers Patna- 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar, Adv.
For the Respondent/s : Mr.Government Pleader 18
Mrs. Surekha Kumari, AC to GP 18
For the Resp. No. 2 Mr. Hrishikesh, Adv.
Mr. Chandramauli Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 24-03-2026 It is stated by the learned counsels appearing on
behalf of the petitioner as well as the Respondent No. 2 that the
settlement has been arrived between the parties and the
petitioner has agreed for payment of Rs.74,000/- as full and
final settlement. Further it is stated that the petitioner is due an
amount of Rs.62,434/- to the TATA Capital and the petitioner
has agreed for paying the same from out of Rs.74,000/-, i.e.,
likely to receive from the Respondent No. 2 (Insurance
Company).
2. Having regard to the same, the present writ petition
is disposed of directing the Respondent No. 2 (Insurance
Company) to pay an amount of Rs. 62,434/- out of the total
Patna High Court CWJC No.3499 of 2025(5) dt.24-03-2026
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settlement amount of Rs.74,000/- to the TATA Capital and the
balance remaining amount of Rs.11,566/- to the petitioner. The
entire exercise shall be completed as expeditiously as possibly
preferably within a period of two weeks from today.
3. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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