Disposed

Smt. Rekha v. State of U.P. and Another

Allahabad HC16 Jul 2019WRIC/22756/2019

Case brief

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What is this about?

This Court disposed of a writ petition regarding a rejected accidental claim under the Mukhyamantri Kissan and Sarvahit Beema Scheme. Relying on the Scheme's dispute resolution mechanism, the Court remitted the grievance to the District Magistrate for consideration by the District Level Committee.

What did the court decide?

Disposed of the writ petition with liberty to approach the District Magistrate for consideration by the District Level Committee.

Smt. Rekha Vs State of U.P. and Another — Insurance | Allahabad HC (2019)

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Court No. - 32

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Case :- WRIT - C No. - 22756 of 2019 Petitioner :- Smt. Rekha Respondent :- State Of U.P. And Another Counsel for Petitioner :- Alkesh Singh Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.

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The writ petition, inter alia, has been filed for the following relief :-

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"(i) A writ or direction in the nature of certiorari quashing the impugned order dated 30.4.2019 passed by respondent no.2 and award the claim in favour of the petitioner.

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(ii) A writ order or direction in the nature of mandamus directing the respondent no.2 to consider the accidental claim of the petitioner under the state government scheme."

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Heard learned counsel for the parties and perused the record.

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Learned counsel for the petitioner submitted that deceased had sustained injury on 26.11.2017 and was expired on 27.11.2017. The income certificate of the deceased was issued on 8.1.2018 within a period of 44 days of his death, as such, the death certificate was submitted well within time. It is further submitted that respondent no.2 - Oriental Insurance Company Ltd. without applying its mind has rejected the claim of the petitioner merely on the ground that income certificate of the deceased was time barred and not issued within stipulated time.

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The Mukhyamantri Kissan and Sarvahit Beema Scheme vide paragraph 21 provides for adjudication/resolution of such dispute regarding the non-admissibility of the claim by the District Level Committee to be headed by the District Magistrate.

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In view of the aforesaid provision contained in the scheme, we dispose of the writ petition with liberty to the petitioner to raise his grievance before the District Magistrate who shall get it considered by the District Level Committee and on verification of the necessary facts, the grievance of the petitioner be resolved most expeditiously, if possible within two months and ensure payment of compensation if so admissible to the petitioner accordingly.

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Order Date :- 16.7.2019 Rishabh

Smt. Rekha v. State of U.P. and Another

Case brief

What is this about?

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Smt. Rekha v. State of U.P. and Another

Case brief

What is this about?

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