IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10907 of 2011 SUSHIL KUMAR OJHA, SON OF SHREE MUKTI NARAYAN OJHA, RESIDENT OF VILLAGE NAI BAZAR, WARD NO.5, P.S. BUXAR (TOWN) DISTRICT BUXAR……………………….PETITIONER. Versus 1. BRANCH MANAGER, NATIONAL INSURANCE COMPANY NAKAK GOLA BRANCH, BUXAR, NEAR CANARA BANK, P.O. BUXAR, P.S. BUXAR (TOWN) DISTRICT BUXAR. 2. CHIEF MANAGER, NATIONAL INSURANCE COMPANY BIHAR, EXHIBITION ROAD, MAIN BRANCH PATNA BIHAR………………………………………….RESPONDENTS. For the petitioner : Mr. B.J. Ojha, Advocate. For the respondents : Mr. Ashok Priyadarshi, Advocate. ---------------------------------- 02/ 08.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) To issue an appropriate writ/rules in the nature of mandamus directing the respondent insurance authorities to pay the admitted claim of the petitioner of Rs.16,428/- (sixteen thousand four hundred twenty eight rupees) with 16% interest from the date it fell due as passed by Surveyor of respondent company in a motor cycle accident. (ii) To grant any other relief/reliefs which the petitioner may be found entitled to in the facts and circumstances of the case. 3. Learned counsel for the respondents submits that the cause of action is at Allahabad where the accident had taken place and where the survey has been done. 4. Considering the aforesaid facts and circumstances of the case, this writ petition is disposed of with - 2 - a liberty to the petitioner to approach the Branch Manager, National Insurance Company, Allahabad along with an application giving details of his claims etc. If such an application is filed within four weeks from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within four months thereafter. If any amount or interest is found admitted and payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N. Hussain, J.)