IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16895 of 2008 M/S SURENDRA PRASAD SINGH Versus THE UNION OF INDIA & ORS ----------- For the petitioner: Mr. Aditya Narayan Singh, Adv. For the respondents : Mr.Sudhir Singh, Asstt.S.G. 2 12.8.2009 The petitioner prays for a direction to the respondent Insurance Company for payment of the amount of the damages as assessed by the surveyor of the respondent company, as contained in Annexurre-1. The petitioner was granted a contract for construction and maintenance of 10 kms road connecting Rosera Shiva Jee Nagar Baheri Path in Rosera Block in the District of Samastipur under Central Government Scheme. The contract was of Rs.4,61,04,275/-. As per the terms of agreement the petitioner was required to ensure an insurance coverage. The Insurance Policy was purchased in joint name of C.P.W.D., New Delhi and the petitioner. The sole Insurance coverage was for Rs.4,17,40,197/- and was to be effective between 3.7.2007 to 2.4.2008. The case of the petitioner is that during the course of construction the road was heavily damaged. The Insurance company was duly informed. The Insurance Company appointed his surveyor for the assessment of loss of the materials in course of construction work, who submitted his report on 13.11.07 quantifying the damages to the tune of Rs.1,27,60,183/-. The C.P.W.D. had also requested the respondent Insurance Company to release the amount 2 as quantified by its own surveyor. Learned counsel submits that the road was heavily damaged during the period which was covered under the Insurance policy. Learned counsel for the respondents submits that the petitioner should file representation before the respondent no.7 for settlement of the amount. In the facts and circumstances of the case, this Court directs the petitioner to file representation before the respondent Insurance Company, who would after considering his representation settle the amount and make payment to him within three months from the date of representation. With the aforesaid directions this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)