MANISH KUMAR
Oriental Insurance Company Ltd. Thru Divisional Manager – Appellant
Versus
Sunita Devi – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned standing counsel for the State.
2. The present writ petition has been preferred by the petitioner for quashing of the order dated 13.10.2017 passed by the Permanent Lok Adalat, Lucknow in P.L.A. Case No. 18 of 2016 (Smt. Sunita Devi and another vs. O.I.C. Ltd. and Ors.).
3. Learned counsel for the petitioner-Insurance Company have submitted that the judgment passed by the Permanent Lok Adalat is 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:-
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