Dismissed

Oriental Insurance Company Limited, Rampur v. Smt. Rekha and 2 Others

Allahabad HC13 Nov 2018WRIC/37156/2018

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging an award of Permanent Lok Adalat that allowed a claim under Chief Minister Kisan Bima Yojana. The court held that the petitioner failed to establish inadequate income evidentiary basis, as the District Level Committee's scrutiny report remained unassailable.

What did the court decide?

Writ petition dismissed.

Oriental Insurance Company Limited, Rampur Vs Smt. Rekha… — Land Acquisition | Allahabad HC (2018)

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Court No. - 36 Case :- WRIT - C No. - 37156 of 2018 Petitioner :- Oriental Insurance Company Limited, Rampur Respondent :- Smt. Rekha And 2 Others Counsel for Petitioner :- Ramesh Singh Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the parties.

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The present writ petition has been filed challenging the award of Permanent Lok Adalat dated 1.8.2018 whereby the claim petition filed by respondent no. 1 for grant of benefit of 'Chief Minister Kisan Bima Yojana' has been allowed.

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The claim petition was filed with the categorical assertion that the claimant's husband was having less than Rs. 75,000/- annual income and, therefore, he was covered under the scheme floated by the State Government. The objection taken by the petitioner insurance company before the Permanent Lok Adalat was that the claimant's husband was working as Conductor on contract basis in U.P.S.R.T.C. and was drawing salary of approximately Rs. 10,000/- per month. As a result of it, his annual income was said to be more than Rs. 75,000/-. The Permanent Lok Adalat, however, relying upon the report of the District Level Committee has upheld the claim and awarded Rs. 5,03,000/- to the claimant under the aforesaid scheme.

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The award is under challenge in the present writ petition with the assertion that the contention of the petitioner regarding the claimant's husband having been engaged in U.P.S.R.T.C. has been totally ignored by the Permanent Lok Adalat. The bank statement for the months of September and October, 2017 was brought before the Permanent Lok Adalat to assert that the deceased had drawn more than Rs. 10,000/- in the months of September and October, 2017 towards salary.

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However, it is noteworthy that the engagement/appointment letter, if any, of the U.P.S.R.T.C. to establish that the deceased was engaged on contract basis on the post of Conductor has not been brought on record.

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Mere bank statement for the months of September and October, 2017 was not sufficient to draw conclusion regarding annual income of the deceased. Moreover, the District Level Committee which is empowered to scrutinize every application moved seeking benefit of the scheme, has given a finding after scrutiny that the income of the deceased was less than Rs. 75,000/- per annum.

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No cogent material has been brought on record to assail the said report.

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For the aforesaid, no infirmity is found in the award dated 1.8.2018 passed by the Permanent Lok Adalat.

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The present writ petition is, accordingly, dismissed .

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Order Date :- 13.11.2018 Brijesh

Oriental Insurance Company Limited, Rampur v. Smt. Rekha and 2 Others

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Limited, Rampur v. Smt. Rekha and 2 Others

Case brief

What is this about?

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What the court decided

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