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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WP227 No.265 of 2017

Branch Manager, Cholamandam M.S. General Insurance Company,

Raipur, Address- 2^nd Floor, Simran Tower, Opp. Bhartiya Jeevan Beema

Nigam, Pandri, Police Station-Pandri, Civil and Revenue Dist. Raipur

(CG) (INSURER)

----Petitioner

Versus

Smt. Manju Manjesh Rathore Wd/o Late Radheshyam Rathore, R/o

Near Vidhyoday School, Bodhghat Colony, Jagdalpur Thana-Dist.Bastar

(CG)

---- Respondent

WP227 No.123 of 2014

1. Cholamandlam MS G.I.Co. Ltd. Through Manager, Above Axix

Bank Nayapara, Jagdalpur PS Jagdalpur Civil and Revenue Dist.

Jagdalpur C.G.

2. Cholamandlam MS G.I.Co. Ltd. Through Manager, Branch office,

First Floor, Hinduja Complex, Near Chhoti Line, Devendra Nagar,

Raipur, At present-in-front of L.I.C. near Railway Line, PS Pandri,

Civil and Revenue Dist. Raipur C.G.

----Petitioners

Versus

M/s Ashoka Engineers & Contractor Aroraj Premniwas, Vrandawan

Colony, Jagdalpur Dist. Bastar, C.G. Through- Partner Shri Ashok Arora

S/o Late Vajir Chand aged 61 years, R/o Aroraj Premnivas, Vrandawan

Colony, PS Jagdalpur Civil & Revenue Dist. Jagdalpur Civil & Revenue

Dist. Jagdalpur Dist. Bastar, C.G.

---- Respondent

And

WP227 No.03 of 2013

2

Royal Sundaram Alliance Insurance Company Limited, Through Branch

Office Millennium CTIT Park, Unit No. T-2-2A Tower Second, Plot No.

DN-62, Sector-5, Salt-Lake, Kolkata-700 091, At present Near Vanijjya

Bhawan, P.S. Devendra Nagar, Devendra Nagar Road, Raipur (CG)

----Petitioner

Versus

Ramkumar Soni W/o Rajkumar Soni aged about 22 years, R/o Rajkumar

tent House No.4, Main Road, Bacheli, P.S. Bacheli, Dist Dantewada

(CG)

---- Respondent

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For Petitioners

: Mr.Bhaskar Payashi, Advocate

For Respondents/Claimants : Mr.Paveen Kumar Tulsyan, Advocate

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Hon'ble Shri Justice Sanjay K. Agrawal

Order on Board

24/01/2019

1. Taking exception to the order passed by the Permanent Lok Adalat

(PLA) (Public Utility Services) (PUS), Bastar at Jagdalpur

constituted under Section 22B of the Legal Services Authorities

Act, 1987 (hereinafter called as “the Act of 1987”) by which the

said PLA (PUS) has passed the award directing payment of

compensation, this batch of writ petitions under Article 227 of the

Constitution of India have been filed by the petitioners herein.

2. Since common question of fact and law is involved in these writ

petitions, they were heard analogously and are being decided by

this common order.

(For the sake of convenience, the facts mentioned in

WP227 No.265 of 2017 are being taken up as lead case:-)

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2.1 The claimant/respondent herein filed an application under

Section 22A of the Act of 1987 before the PLA (PUS) stating

inter-alia that husband of the respondent namely Radheshyam

Rathore has got a Group Personal Accident Insurance Policy

issued from the petitioner/Insurance Company for the period

commencing from 1.2.2011 to 31.1.2012, he died during which

the insurance policy was in force as he was murdered on

2.10.2012 and offence under Sections 302 and 120B/34 of the

IPC was registered against the accused persons. Claim was

made by the respondent/claimant to the petitioner-Insurance

Company, which was denied to her leading to filing of the

application. The PLA (PUS) on 22.8.2014 directed the other

side to file reply. Ultimately, reply was filed and case was

directed to be placed for compromise on 13.10.2014. On

18.11.2014 the PLA (PUS) directed that the matter be placed

before the National Lok Adalat and if no settlement is arrived at

between the parties, then the matter will be taken up for

hearing on 9.12.2014. The matter was not settled in the

National Lok Adalat and ultimately, the impugned award was

passed on 17.8.2016, which has been questioned