THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.NO.8476 OF 2007 ORDER This writ petition is filed by Matsyakara Mahila Samkshema Sangham, represented by its President Smt Sangani Satyavathi seeking a Mandamus to declare the action of 1st respondent in not settling and paying the insurance claim amount to the kith and kin of the deceased active fishermen/women of East Godavari District under Janata Personal Accident Insurance Policy bearing No.0514087/47/11/61/47005/95, dated 8-11-1995, in collusion with respondent Nos. 2 to 5, since 1996, as arbitrary and illegal. The facts are not much in dispute. The members of the petitioner society and others, who are said to be active fishermen/women of East Godavari District, were included in group insurance policy evolved by the Central Government. The premium amount was paid by the State and Central Governments on equal proportion. While so, on 6-11-96 in view of the Cyclone as many as 1600 fishermen died and the Government of Andhra Pradesh immediately sanctioned an amount of Rs.1,00,000/- towards ex-gratia vide G.O.Ms.No.1815, dated 15-11-1996. Further, the Government also issued G.O.Ms.No.588, dated 10-7- 1997 directing the Insurance Company and others to deduct the insurance benefit of Rs.35,000/- to be paid against each of the fishermen died/missing, out of the total ex-gratia amount of Rs.1,00,000/-. As many as 1352 applications were received pertaining to the victims of Cyclone-1996. The United India Insurance Company Limited settled 222 claims and an amount of Rs.77,70,000/- was sanctioned and realized. The same amount was remitted to the Government account of Chief Minister’s Relief Fund by 4th respondent. The action of remitting the insurance claim amount pertaining to 222 cases to the Government was only as per the Government Orders dated 10-3-1998. In fact, an amount of Rs.1,00,000/- was paid to the dependants of the victims, which included insurance amount of Rs.35,000/-. Therefore, the amount of Rs.77,70,000/- released by the Insurance Company was adjusted towards the claims of 222 persons as per the orders of the Government of Andhra Pradesh, dated 10-3- 1998. Therefore, it cannot be said that there is any further amount to be paid in these 222 individual cases. In the counter affidavit filed by the respondents, it is stated that further action in the remaining cases will also be taken duly obtaining Government Orders and the individual applications submitted to respondent Nos.3 and 4 have already been forwarded to the United India Insurance Company with a request to settle the claim. Under those circumstances, I am of the opinion that the writ petition is devoid of merits. However, the writ petition is disposed of directing the Insurance Company to settle all the claims said to be pending with it as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. If the petitioner society has got any further grievance, it may raise the same before appropriate authority including the Regulatory Authority, which is constituted under the Insurance Company Act and work out its remedies as per law. The Insurance Company is at liberty to approach the respondents for the purpose of seeking any assistance or information as required for the purpose of settling the claims of the remaining fishermen died/missing. _______________ C.V.RAMULU,J rkk Dated: 8-12-2010