HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 5474/2022

Reliance General Ins. Co. Ltd., Through Regional Manager, 6Th

Floor, Man Upasana Tower, Sardar Patel Marg, C Scheme, Jaipur.

----Petitioner

Versus

1.

Ghanshyam S/o Kanha Ram, By Caste Jat, R/o Village

Jawasiya, Tehsil Pipar City, District Jodhpur.

2.

Manager, Uco Bank, Branch Pipar City, Tehsil Pipar,

District Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. T.R.S. Sodha

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

05/07/2022

This writ petition has been filed by the petitioner being

aggrieved with the order dated 11.11.2021 passed by the

Permanent Lok Adalat, Jodhpur whereby the application preferred

on behalf of the respondent No.1 under Section 22-B of the Legal

Services Authorities Act, 1987 was allowed and the Permanent Lok

Adalat has directed the petitioner Insurance Company to pay a

compensation of Rs.2,00,000/- and further ordered that if the

payment is not made within a period of three months, interest will

be paid at the rate of 6%.

Learned counsel for the petitioner-Insurance Company has

submitted that the Permanent Lok Adalat has failed to consider

the fact that there is breach of policy in this case as wife of the

respondent No.1 has committed suicide by consuming poison.

Learned counsel for the petitioner Insurance Company has relied

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on the bed head ticket of the deceased wherein the Doctors of

Mathura Das Mathur Hospital, Jodhpur has mentioned “unknown

poison”. It is submitted that this fact itself is sufficient to show

that wife of the respondent No.1 has committed suicide and, as

such, on account of breach of policy, the respondent No.1 is not

entitled to get compensation from the petitioner Insurance

Company.

Heard learned counsel for the petitioner and perused the

impugned order dated 11.11.2021 passed by the Permanent Lok

Adalat, Jodhpur.

It is not in dispute that wife of the petitioner was insured

with the petitioner-Insurance Policy and insurance certificate was

issued to the petitioner under Pradhan Mantri Surksha Bima Yojna

and the premium was regularly deducted from the Bank account

of the wife of the petitioner No.1. The wife of respondent No.1

died on 01.11.2017 at Mathura Das Mathur Hospital, Jodhpur. The

respondent No.1, while accepting the death certificate of his wife,

has given in writing that his wife was found unconscious in

agricultural field on 28.10.2017 and death of his wife was caused

due to biting by a poisonous animal. It is also noticed that the

Sub-Divisional Magistrate, Pipar Shahar has also conducted

enquiry under Section 174 Cr.P.C. and in his report the Sub-

Divisional Officer has mentioned that though the circumstances, in

which, the wife the respondent No.1 was died are doubtful, but it

has not been mentioned that the death of wife of the respondent

No.1 was caused due to suicide. The petitioner-Insurance

Company has failed to produce any documentary or other

evidence before the Permanent Lok Adalat, Jodhpur to

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substantiate its claim that the wife of respondent No.1 committed

suicide by consuming poison.

Taking into consideration the above facts and circumstances

of the case, particularly the fact that the petitioner-Insurance

Company has failed to prove before the Permanent Lok Adalat that

wife of the respondent No.1 has committed suicide by consuming

poison, I do not find any illegality in the impugned order.

Hence, there is no force in this writ petition. The same is

hereby dismissed.

(VIJAY BISHNOI),J

30-Babulal/-