IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 154 of 2002 (M/B) Safri Lal S/o Rupsalal R/o Dangi Hal Agastya Muni, Tehsil Ukhimath, Patwari Circle, District Chamoli …… Petitioner Versus The Oriental Insurance Company Ltd. Srinagar, Garhwal (District Chamoli) …… Respondent Mr. B.P.S. Mer for the petitioner. Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble M.M. Ghildiyal, J. RAJEEV GUPTA, C.J. (Oral) Mr. B.P.S.Mer for the petitioner. None for the respondent. 2. The petitioner has filed this petition for the following reliefs: “I. Issue a writ, order or direction in the nature of mandamus commanding the respondents to the grant a suitable compensation to the petitioner. II. Issue any suitable writ, order or direction in the nature which this Hon’ble Court may deem fit and proper in the circumstances of the case. III. Award the cost of the petit on the petitioner.” 3. The Petitioner’s entire claim is based on the plea that the damage suffered by the petitioner on account of the earthquake which his northern India in the year 1991 has not been properly assessed by the respondent Insurance Company. 4. The reliefs sought by the petitioner arising out of a policy of insurance issued by the respondent Insurance Company in favour of the petitioner cannot be granted in a writ petition under Article 226 of the 2 Constitution of India as for a proper assessment of the damage said to have been suffered by the petitioner, the parties would be required to lead evidence in support of their claim which course is not permissible in the proceedings under Article 226 of the Constitution of India. 5. In this view of the matter, it would be appropriate for the petitioner to work out his remedy before the Civil Court. 6. With the above observation, the writ petition stands disposed of. (M.M. Ghildiyal, J.) (Rajeev Gupta, C.J.) 21.03.2006 21.03.2006 A