The court held that if an insurance claim under Mukhya Mantri Bima Yojna is rejected because post-mortem was not conducted for an unnatural death, the petitioner must make a representation to the District Magistrate to consider the claim.
the petitioner directed to make representation to the District Magistrate; writ petition disposed of.
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Court No. - 37
Case :- WRIT - C No. - 33733 of 2018
Petitioner :- Subhawati Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Kumar Maurya,Narendra Kumar
Counsel for Respondent :- C.S.C.,Pradeep Kumar Sinha
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner and Shri Pradeep Kumar Sinha, learned counsel for the Insurance Company.
The petitioner states that her claim for insurance under Mukhya Mantri Bima Yojna has been rejected by the Insurance Company on the ground that post mortem was not conducted as the death was unnatural i.e. accidental.
On the ground that post mortem was not conducted it is to be noted that there is provision that such dispute can be looked into by a Committee headed by District Magistrate.
The petitioner may make a representation to the District Magistrate, who will consider the claim of the petitioner and pass appropriate orders in accordance with law.
Subject to above, the writ petition is disposed of .
Order Date :- 2.1.2020
sweta
(Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)
2 issues framed by the court
Whether the claim for insurance under Mukhya Mantri Bima Yojna should be rejected due to lack of post-mortem for unnatural death.
Whether the petitioner is entitled to relief in lieu of approaching the District Magistrate as per the scheme.
Subhawati Devi
State Of U.P.
Abhinava Upadhya
Ravi Nath Tilhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
