1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.5774 of 2011 and M.P(MD)Nos.1 and 2 of 2011 The Tamil Nadu Fireworks and Amorces Manufacturers' Association, "TANFAMA CENTRE", 141 Kamaraj Road, Sivakasi, Virudhunagar District, Represented by its Additional Secretary S.Srinivasan .. Petitioner Vs. 1.Insurance Regulatory and Development Authority, Represented by its Chairman, Parishrama Bhavanam, 6-9-58 B, 3rd Floor, Basheer Bagh, Hyderabad. 2.The Tariff Advisory Committee, Represented by its Secretary, Ador House, 1st Floor, 6A, Dubash Marg, Mumbai-400 023. 3.The New India Assurance Company Limited, Represented by its Chairman and Managing Director, 190 Anna Salai, Chennai-6. 4.The National Insurance Company Limited, Represented by its Chairman and Managing Director, 779A, Anna Salai, Chennai-2. 5.The Oriental Insurance Company Limited, Represented by its Chairman and Managing Director, Oriental House, A25/27 Asaf Ali Road, New Delhi- 110 007. 6.The United India Insurance Company Limited, Represented by its Chairman and Managing Director, 24, White Road, Chennai-14. 7.Cholamandalam General Insurance Company, Represented by its Chairman, "Dare House" 2nd Floor, No.2, N.S.C.Bose Road, Chennai - -600 001. https://hcservices.ecourts.gov.in/hcservices/ 2 8.Bajaj Alliance General Insurance Company Limited, Represented by its Chairman, No.25/26, Prince Tower 5th Floor, College Road, Nungambakkam, Chennai- 600 006. 9.ICICI Lombard, Represented by it Chairman, Zenith House, Keshavrao Khada Marg, Landmark Opposite Racecourse, Mahalaxmi, Mumbai - 400 034. 10.Tata AIG Motor Insurance Represented by its Chairman, Peninsula Corporation Park, Nicholas Piramal Towers, 9th Floor, Ganpatrao Kadam Marg, Lower Parel, Mumbai-400 013. 11.IFFCO-TOKIO General Insurance Company Limited, Represented by its Chairman, 4 and 5th Floors, IFFCO Towers, Plot No.3, Sector 29, Gurgaon, Haryana- 122 001. 12.Reliance General Insurance Company Limited, Represented by its Chairman, (ADAG), Rectifies House, Nigram, Next to Industrial Estate, Wadala Mumbai- 400 0131. 13.Royal Sundaram General Insurance Company Limited, Represented by its Chairman, 46, Whites Road, Royapettah, Chennai - 600 014. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the first respondent in Ref.IRDA/NL/NTFN/MOTP/066/04/2011, dated 15.04.2011 in enhancing the Motor Insurance Premium rates for third party liability with effect from 25.04.2011 and quash the same. For Petitioner : Mr.M.Michael Bharathi For R1, R2 and R13: Mr.G.R.Swaminathan For R3 to R5 : Mr.N.Vijayaraghavan For R6 : Mr.S.Muthal Raj For R7 to R12 : Mr.S.Srinivasa Raghavan https://hcservices.ecourts.gov.in/hcservices/ 3 O R D E R The Writ petition has been filed to quash the order of the first respondent in Ref.IRDA/NL/NTFN/MOTP/066/04/2011, dated 15.04.2011 in enhancing the Motor Insurance Premium rates for third party liability with effect from 25.04.2011. 2. Heard Mr.M.Michael Bharathi, learned counsel for the petitioner and Mr.G.R.Swaminathan, learned counsel for R-1, R-2 and R-13, Mr.N.Vijayarahavan, learned counsel for R-3 to R-5, Mr.S.Muthal Raj, learned counsel for R-6 and Mr.S.Srinivasa Raghavan, learned counsel for R- 7 to R-12. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The Writ Petition has been filed challenging the notification issued by the first respondent, dated 15.04.2011 and that has been considered by a single Judge of the Madras High Court in W.P.No.10908 of 2011 etc., batch and upheld on 14.06.2011 and the appeals filed by the aggrieved petitioners have been dismissed in W.A.Nos.1103 and 1104 of 2011 on 14.07.2011. 5. In such view of the matter, the present Writ Petition challenging the very same notification fails and the interim stay stands vacated. The petitioner's plea that will not fall under Annexure-1 of the notification, is an issue that can be canvassed at the appropriate time as and when such a cause of action arises. Accordingly, this Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petitions closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar(C.S) To 1.The Chairman, Insurance Regulatory and Development Authority, Parishrama Bhavanam, 6-9-58 B, 3rd Floor, Basheer Bagh, Hyderabad. 2.The Secretary, Tariff Advisory Committee, Ador House, 1st Floor, 6A, Dubash Marg, Mumbai-400 023. 3.The Chairman and Managing Director, The New India Assurance Company Limited, 190 Anna Salai, Chennai-6. 4.The Chairman and Manaing Director, The National Insurance Company Limited, 779A, Anna Salai, Chennai-2. 5.The Chairman and Managing Director, The Oriental Insurance Company Limited, Oriental House, A25/27 Asaf Ali Road, New Delhi- 110 007. https://hcservices.ecourts.gov.in/hcservices/ 4 6.The Chairman and Managing Director, The United India Insurance Company Limited, 24, White Road, Chennai-14. 7.The Chairman, Cholamandalam General Insurance Company, "Dare House" 2nd Floor, No.2, N.S.C.Bose Road, Chennai - -600 001. 8.The Chairman, Bajaj Alliance General Insurance Company Limited, No.25/26, Prince Tower 5th Floor, College Road, Nungambakkam, Chennai- 600 006. 9.The Chairman, ICICI Lombard, Zenith House, Keshavrao Khada Marg, Landmark Opposite Racecourse, Mahalaxmi, Mumbai - 400 034. 10.The Chairman, Tata AIG Motor Insurance, Peninsula Corporation Park, Nicholas Piramal Towers, 9th Floor, Ganpatrao Kadam Marg, Lower Parel, Mumbai-400 013. 11.The Chairman, IFFCO-TOKIO General Insurance Company Limited, 4 and 5th Floors, IFFCO Towers, Plot No.3, Sector 29, Gurgaon, Haryana- 122 001. 12.The Chairman, Reliance General Insurance Company Limited, (ADAG), Rectifies House, Nigram, Next to Industrial Estate, Wadala Mumbai- 400 0131. 13.The Chairman, Royal Sundaram General Insurance Company Limited, 46,Whites Road, Royapettah, Chennai - 600 014. +1. CC to Mr.S.Muthalraj, Advocate, SR.No. 23042 +6. CC to Mr.S.Srinivasa Raghavan, Advocate, SR.No. 23094 & 23012 pm W.P.(MD)No.5774 of 2011 14.07.2011 TR : 26.07.2011: 4P/21C https://hcservices.ecourts.gov.in/hcservices/