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2022 Supreme(All) 604

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR, J.
The Oriental Insurance Company Ltd. Thru Divisional Manager – Appellant
Versus
Abhishek Kumar And 3 Others - Respondents
Writ -C No. -1005294, 1003370, 1007020, 1007019 of 2014, 1000840 of 2015
Decided on : 29-07-2022

Advocates:
Advocate Appeared:
For the Appellant : Vaibhav Raj, Vashu Deo Mishra, Waquar Hashim
For the Respondent: Naresh Singh

Headnote:

Agreement - Computerized Khatauni - Claim Process - Petitioner have submitted that judgments passed by Permanent Lok Adalat are against Clause 4 of Agreement entered into between Government and petitioner - It is further submitted that as per Clause 4 of Agreement, documents mentioned in said clause are required to be produced to petitioner for claim process which includes computerized khatauni but claimants had failed to provide computerized khatauni to petitioner therefore, their claims were liable to be rejected – Held, It is found that there is no illegality and perversity in impugned judgments passed by Permanent Lok Adalat as far as accepting insurance claims of private respondents and hence, no interference is called for in judgments impugned position with regard to applicability of Clause 22(b) of Agreement which emerges out is that as per Clause 4 of agreement, computerized khatauni was required for purpose of claim and hence it cannot be said that rejection of claim on said ground is wholly illegal - This Court having regard to facts and circumstances of case as well as resultant delay would quantify amount of penalty at Rs. 75,000/-and to this extent, impugned judgments are modified - Amount of Rs.1 Lakh along with interest @9% per annum from date of order of Permanent Lok Adalat as well as amount of penalty of Rs.75,000/-to be deposited before Permanent Lok Adalat within a period of six weeks and shall be released in favour of opposite parties forthwith after due verification of their identities - If any amount was deposited earlier that shall be adjusted against total amount to be paid by petitioner in pursuance of order passed today - Petitions partly allowed.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the private respondents.

2. All the above-noted writ petitions involve common questions for consideration raised by the petitioner praying for rejection of the claim of the claimants on the ground their non-furnishing of the computerized khatauni being as required under Clause 4 of the agreement and about imposition of penalty upon the petitioner under Clause 22(b) of the agreement. Hence, all the above said petitions have been heard in a bunch and they are being disposed of by means of this common judgment to be applicable to all the writ petitions. The petitioner-Oriental Insurance Company (hereinafter referred to as 'Petitioner Insurance Company') has preferred these writ petitions against the orders passed by the Permanent Lok Adalat, Lucknow allowing the insurance claim of the claimants and imposing penalty upon the petitioner under Clause 22(b) of the agreement.

    (i) The writ petition i.e. Writ C No. 1000840 of 2015 has been preferred for quashing of the impugned judgment and order dated 29.09.2014 passed by the Permanent Lok Adalat, Lucknow in P.L.A. Case No. 52 of 2014 (Abhishek Kumar and another Vs. O.I.C. Ltd. and others).

(ii) The writ petition i.e. Writ C No. 1005294 of 2014 has been preferred for quashing of the impugned judgment and order dated 19.03.2014 passed by the Permanent Lok Adalat, Lucknow in P.L.A. Case No. 134 of 2013 (Smt. Kusum Kali Vs. O.I.C. Ltd. and others).

(iii) The writ petition i.e. Writ C No. 1003370 of 2014 has been preferred for quashing of the impugned judgment and order dated 15.04.2014 passed by the Permanent Lok Adalat, Lucknow in P.L.A. Case No. 07 of 2014 (Smt. Sushila Devi Vs. O.I.C. Ltd. and others).

(iv) The writ petition i.e. Writ C No. 1007020 of 2014 has been preferred for quashing of the impugned judgment and order dated 25.08.2014 passed by the Permanent Lok Adalat, Lucknow in P.L.A. Case No. 51 of 2014 (Smt. Durgawati @ Shiv Devi Vs. O.I.C. Ltd. and others).

(v) The writ petition i.e. Writ C No. 1007019 of 2014 has been preferred for quashing of the impugned judgment and order dated 26.07.2014 passed by the Permanent Lok Adalat, Lucknow in P.L.A. Case No. 66 of 2014 (Smt. Madhuri and others Vs. O.I.C. Ltd. and others).

3. Learned counsel for the petitioner-Insurance Company have submitted that the judgments passed by the Permanent Lok Adalat are against Clause 4 of Agreement dated 19.11.2009 entered into between the Government of Uttar Pradesh and the petitioner-Insurance Company. It is further submitted that as per Clause 4 of the Agreement, the documents mentioned in said clause are required to be produced to the petitioner-Insurance Company for claim process which includes computerized khatauni but the claimants had failed to provide the computerized khatauni to the petitioner-Insurance Company therefore, their claims were liable to be rejected.

4. It is further submitted that the petitioner-Insurance Company had acted on the basis of Clause 4 of the Agreement which is quoted hereunder for ready reference:-

    "Scope of Cover:-Oriental Insurance Company Limited hereby agrees, subject to the terms, conditions and exclusions contained or otherwise expressed in the policy document, to pay to the insured a sum not exceeding the sum insured during the tenure of the policy, if any of the insured Person dies due to or suffers disability as mentioned in the benefit table due to sustaining any bodily injury resulting from accident, caused by external, violent and visible means, to the extent and in the manner hereinafter provided. The accident will included death due to snake bite, drowning in River, Tank, Pond or well, collapse of roof or falling of tree, falling from roof or tree, vehicle (including tractor/trolley and tempo) accident, dacoity, riot, scuffle. Enmity, violence, terrorist activities, fire, flood, lightning thunder & electric shock etc.

Necessary documents will be required to establish the cause of dea

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