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SAURABH LAVANIA
New India Assurance Co. Ltd. Lko. – Appellant
Versus
Permanent Lok Adalat, Lucknow – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard.
2. By means of the present petition, petitioner-The New India Assurance Co. Ltd. Lko. has challenged the order dated 22.08.2023 passed by the opposite party No.1-Permanent Lok Adalat, Lucknow in P.L.A. Case No. 80 of 2020 (Smt. Rachna & Another v. The New India Assurance Co. Ltd. & Others).
3. Factual matrix of the case is to the effect that a scheme known as "Mukhyamantri Kisan Evam Sarvahit Bima Yojana" (hereinafter referred to as ''Scheme') was promulgated by the State Government in association with the petitioner-The New India Assurance Co. Ltd., (in short "Company"). The agreement has been entered into by the State Government with the Company for the purposes of payment of certain sum of money in the event of head of the family/bread earner (breadwinner) dying or becoming physically handicapped. The Scheme was available to all those eligible under the terms of the Scheme.
4. It is submitted that one Shivam Verma, unmarried son of respondent Nos.2 and 3 died accidentally on 26.07.2019, thereafter, respondent Nos.2 and 3 filed a PLA Case No.80 of 2020 before the opposite party No.1 under Section 22C(8) of Legal Services and Authorities Act, 198
The court affirmed that both 'head of the family' and 'bread earner' can apply to different family members, allowing claims for compensation under the insurance scheme.
The term 'bread earner' in insurance policies includes all contributing family members, not just the head of the family, ensuring broader eligibility for compensation.
(1) Insured cannot claim anything more than what is covered by insurance policy – Clauses of an insurance policy have to be read as they are.(2) An unexpected accident and unforeseen consequence or r....
A comprehensive insurance policy covers liabilities for laborers injured or killed during employment under the Motor Vehicles Act, differentiating it from standard policies.
The rejection of claims by the insurance company was found to be discriminatory, arbitrary, and in violation of Article 14 of the Constitution of India. The State Government was held responsible for ....
The future prospects of the deceased, who is below 40 years of age, would have to be calculated on the basis of 40% of his income.
The insurance company is liable to compensate dependents for deaths occurring from accidents, even when the vehicle was used for non-agricultural purposes without prior evidence to establish commerci....
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