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2022 Supreme(All) 457

VIVEK KUMAR BIRLA, VIKAS BUDHWAR
Oriental Insurance Co. Ltd – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kuldip Shanker Amist

JUDGMENT :

1. Heard Sri Kuldip Shanker Amist, learned counsel for the petitioner and Sri Sharad Chandra Srivastava, learned Standing Counsel appearing for respondent nos. 1 and 2.

2. The present petition has been filed for seeking the following reliefs :-

    "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned award dated 12.04.2021, passed by the District Magistrate, Etawah, allowing the Claim No. 272800/48/2019/030794 of the respondent no. 3, (Annexure-7 to the writ petition).

ii. Issue a writ, order and direction dismissing the claim of the Respondent No. 3.

iii. Issue any other and further writ, order or direction which the Hon'ble Court may deem fit and just in the circumstances and facts of the case.

iv. Award cost to the petitioner."

3. By the rejection order, the Insurance Company has repudiated the claim of respondent no. 3 which was made under the Mukhyamantri Kisan Evam Sarvahit Beema Yojana, on the ground that the income certificate was not produced by the claimant within 45 days of the death of the deceased husband. Challenging the same, the petitioner approached this Court by filing Writ-C No. 563 of 2020 (Sohni Shankwar Vs. State of U.P. And

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