Petitioner sought writ to quash rejection of compensation claim under Farmer Death Insurance Scheme due to husband's death during bank queue after demonetization. Court noted lack of post-mortem and distinguished cited precedent. Petition dismissed lacking merit.
Petition for quashing impugned order and directing payment of claim was dismissed.
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Court No. - 32
Case :- WRIT - C No. - 23864 of 2018
Petitioner :- Dharma Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vindeshwari Prasad, Ram Sajeewan Prajapati Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.
This writ petition has been filed interalia for the following reliefs:-
(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.02.2018 passed by respondent no. 4 (Annexure No. 4) to the writ petition.
(II) Issue a writ, order or direction in the nature of mandamus directing the respondents specially respondent no. 3 to pay the entire claim to the petitioner with interest from due date.
Heard learned counsel for the petitioner and perused the record.
It has been alleged that the husband of the petitioner was a farmer and he died on 10.12.2016 when he was standing in queue for withdrawing money from Punjab National Bank, Manda Branch, Allahabad soon after the Government announced demonetization of all 500/- & 1000/- bank notes. The petitioner moved an application claiming compensation under the scheme of Krishak Durghatna Beema Yojna and thereafter on the direction of the concerned Tehsildar, an enquiry was made by the concerned Lekhpal and ultimately the claim of the petitioner for compensation was rejected by the respondent no. 4-Registrar Kanoongo, Tehsil Koraon, District Allahabad vide its order dated 15.02.2018 wherein it has been held that the husband of the petitioner has not died due to any natural calamity or an act
of God. Admittedly, the Post-mortem of the deceased (husband of the petitioner) was not conducted, as such, the cause of death could not be ascertained.
Learned counsel for the petitioner has referred a decision of this Court passed in a writ petition i.e. Misc. Bench No. 6040 of 2016 (Smt. Shakuntala Devi Versus State of U.P. through Principal Secretary, Finance & Revenue & Others), wherein the deceased had died due to electric shock, as such, the said decision is not applicable in the present writ petition.
The respondent no. 4- Registrar Kanoongo, Tehsil Koraon, District Allahabad has given cogent, convincing and satisfactory reasons while rejecting the claim of the petitioner.
This writ petition lacks merit and is accordingly dismissed.
Order Date :- 23.7.2018 Arun
2 issues framed by the court
Whether the claim for compensation under the Krishak Durghatna Beema Yojna scheme should be allowed despite the absence of a post-mortem report.
Whether the impugned order rejecting the compensation claim on grounds of lack of natural calamity or act of God warrants quashing via writ of certiorari.
Colour shows how this judgement treated each authority
Smt. Shakuntala Devi Versus State of U.P.Referred¶11
Misc. Bench No. 6040 of 2016 (Smt. Shakuntala Devi Versus State of U.P.)
Dharma Devi
State Of U.P.
Registrar Kanoongo, Tehsil Koraon
Other
Shashi Kant Gupta
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
