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RAJAN ROY, MANISH KUMAR
Meena Singh @ Mina Kumari – Appellant
Versus
District Magistrate, Sultanpur – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and Shri Nishant Shukla, learned Additional Chief Standing Counsel for the State.
Considering the facts of case we do not find any new ground to call for any counter-affidavit.
2. By means of this writ petitioner has prayed for following reliefs :
(II) issue a writ order or direction in nature of mandamus commanding respondent to provide benefit of Mukhyamantri Krishak Durghatna Beema Yojana to petitioner within limited frame work of time.''
3. By means of this impugned order dated 28.3.2023 passed by the District Magistrate, Sultanpur claim of the petitioner for the insured amount under the Mukhyamantri Krishak Durghatna Beema Yojna has been declined on the ground that though, it was asserted by the petitioner that her husband died on 14.10.2021 but while claiming the insured amount the petitioner, who was required to annex certain documents as per the Scheme dated 28.2.2020, had not submitted the postmortem report and 'Panchnama', o
The court established that procedural requirements should not impede justice when substantial evidence supports a claim.
The rejection of claims under welfare schemes must not be based on narrow interpretations but should consider the substantive relationship between the deceased's activities and their primary source o....
Welfare schemes should be broadly construed to fulfill their objectives; evidence-based decisions are needed, avoiding arbitrary rejections.
Point of Law - Since it cannot be disputed that the claimant is entitled to the insured amount, Court decline to offer any interference under Article 226 of the Constitution on a technical ground.
Claim – No claim should be disallowed purely on technical ground or in a mechanical manner; the insurance company should reject the claim only when the insurer finds that it was liable to be rejected....
Insurance policies in motor accident claims must be proven valid unless convincingly challenged by the insurer; mere assertions aren't sufficient to annul liability.
The court upheld that claims under the Pradhan Mantri Garib Kalyan Package necessitate strict compliance with eligibility and documentation requirements, failure of which results in dismissal.
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