IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17027 of 2008 M/S SURENDRA PRASAD SINGH Versus THE UNION OF INDIA & ORS ----------- 2 12.8.2009 In the instant writ application the petitioner prays for a direction to the respondent Insurance Company to settle the amount of damages and pay the same at the earliest in view of the damages assessed by their own surveyor. The petitioner was granted a contract for the construction and maintenance of 10 kms. to 17.745 kms. road connecting Rosera Shivajee Nagar Baheri Path in Rosera Block in the District of Samastipur under P.M.G.S.Y. of Central Government Scheme. The contract was of Rs.3,97,37,726/-. As per the terms of the agreement the petitioner was required to have an insurance coverage of the said construction and its maintenance. The Insurance policy was purchased in the joint name of C.P.W.D., New Delhi and the petitioner. The insurance coverage was of Rs.3,89,42,971/- 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 its own surveyor for the assessment of loss of the materials in course of construction work who submitted his report on 19.11.2007 quantifying the damages to the tune of Rs.54,00,564/-. The C.P.W.D. had also requested the respondent Insurance Company to 2 release the amount as quantified by its own surveyor. The grievance of the petitioner is that in spite of the report of the surveyor the respondent Insurance Company is not settling the amount which has caused undue financial loss to the petitioner. 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 observes that if the petitioner files representation before the respondent Insurance Company it would consider his representation and settle the amount within three months from the date of representation and make necessary payment. With the aforesaid directions this writ application is allowed. Anilkrsinha (Samarendra Pratap Singh, J.)