Partly allowed

The Oriental Insurance Company Limited Thru. Divisional Mgr. v. Smt. Jayanti and Ors.

Allahabad HC6 Dec 2024A227/14174/2018

Case brief

AI extract

What is this about?

The High Court in writ jurisdiction modified an award against the petitioner by reducing the penalty component from Rs.1.5 lakhs to Rs.75,000 by following a previous order, while upholding other directions and interest rates.

What did the court decide?

Award modified to reduce penalty to Rs.75,000; other directions to remain; amount to be paid to Permanent Lok Adalat within six weeks.

The Oriental Insurance Company… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81715

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 14174 of 2018

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Petitioner :- The Oriental Insurance Company Limited Thru. Divisional Mgr.

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Respondent :- Smt. Jayanti And Ors. Counsel for Petitioner :- Vashu Deo Mishra

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Counsel for Respondent :- C.S.C.,Dhruv Kumar,Swati Shah

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Hon'ble Pankaj Bhatia,J.

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1 . Heard Sri Vashu Deo Mishra, learned counsel for the petitioner as well as learned Standing Counsel for the State and perused the material available on record.

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2 . The present petition has been filed challenging the award, whereby an amount of Rs.1,00,000/- (Rs. One lac) was awarded against the Insurance Company, the appellant herein along with penalty of Rs.1,50,000/- (Rs. One Lac Fifty Thousand), the total amount was quantified at Rs.2,50,000/- (Rs. Two Lacs Fifty Thousand) and was directed to pay in accordance with the directions given in the award. In addition to the said, it was directed that the amount shall be paid along with interest at the rate of 9% per annum and a cost of Rs.5,000/- (Rs.Five Thousand) was also awarded.

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3 . The contention of the counsel for the petitioner is that the amount of penalty of Rs.1,50,000/- (Rs.One Lac Fifty Thousand) as imposed is highly excessive and places reliance upon the order passed by this Court in Writ C No. 15686 of 2017 dated 26.08.2022 whereby, this Court had reduced the penalty to Rs.75,000/- (Rs.Seventy Five Thousand).

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4 . I do not find any reason to take a view different from the view taken by this Court in Writ C No.15686 of 2017, as such, the award is modified to the extent that the amount of penalty of Rs.1,50,000/- (Rs.One Lac Fifty Thousand) shall be reduced to Rs.75,000/- (Rs.Seventy Thousand), the other directions contained in the award shall remain as it is. The amount deposited by the petitioner before this Court shall be remitted for payment before the Permanent Lok Adalat within a period of six weeks from today along with the accrued interest. The amount shall be paid to the respondent in terms of the directions given in the award with all expedition.

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5 . The writ petition stands disposed off in terms of the said order.

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Order Date :- 6.12.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

The Oriental Insurance Company Limited Thru. Divisional Mgr. v. Smt. Jayanti and Ors.

Case brief

What is this about?

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The Oriental Insurance Company Limited Thru. Divisional Mgr. v. Smt. Jayanti and Ors.

Case brief

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What the court decided

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