Partly allowed

Oriental Insurance Company Ltd. Thru Divisional Manager v. Smt. Sirsa Devi and Ors.

Allahabad HC2 May 2024WRIC/17770/2016

Case brief

AI extract

What is this about?

The Court allowed the writ petition by Oriental Insurance Company Ltd. against an award of the Permanent Lok Adalat, reducing the penalty payable to respondents from Rs.50,000 to Rs.25,000 per party, relying on coordinate bench decrees.

What did the court decide?

Modification of the PLÂ Award dated 04.03.2016 to reduce the penalty from Rs.50,000/- to Rs.25,000/- per opposite party.

Oriental Insurance Company Ltd. Thru Divisional Manager… — Property and Title | Allahabad HC (2024)

¶1

Court No. - 19

¶2

Case :- WRIT - C No. - 17770 of 2016

¶3

Petitioner :- Oriental Insurance Company Ltd Thru Divisional Manager Respondent :- Smt. Sirsa Devi And Ors Counsel for Petitioner :- Waquar Hashim Counsel for Respondent :- C.S.C

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

Heard Shri Waquar Hashim, learned counsel for the petitioner.

¶6

By means of the instant writ petition, the petitioner-Oriental Insurance Company Ltd. has challenged the validity of an award dated 04.03.2016 passed by the Permanent Lok Adalat in Case No.102 of 2015, whereby the PLA has directed to the petitioner to pay compensation to the opposite party no.1 Rs.33,334/- and Rs.33,333/- to the opposite party nos.2 and 3. The petitioner has further been directed to pay Rs.50,000/- each opposite party nos.1 to 3 as penalty.

¶7

It has further been pleaded in the writ petition that vide an agreement dated 19.11.2009 entered into between the petitioner and the State of U.P., all the registered farmers who were the owner of agriculture land falling within the age group of 12 to 70 years were granted accidental insurance, as per which upon accidental death of registered farmers, the petitioner was required to pay Rs.1,00,000/- to his heirs.

¶8

Opposite party no.1-Smt. Sirsa Devi had filed PLA Case No.102 of 2015 in the Permanent Lok Adalat, Lucknow seeking compensation for death of her husband-late Ram Gopal. While awarding the compensation amount, the Permanent Lok Adalat has inflicted penalty upon the petitioner by ordering it to pay Rs. 50,000/- to each opposite party nos.1 to 3.

¶9

Learned counsel for the petitioner has submitted that numerous similar awards were passed by the PLA and those have been challenged by filing several writ petitions. Two such writ petitions bearing writ petition-C No.19687 of 2017 and Writ Petition No.20736 (MS) of 2018 have been allowed by means of the orders dated 23.03.2024 and 13.08.2018 respectively whereby coordinate Benches of this Court had reduced the amount of penalty.

¶10

Learned counsel for the petitioner confined his prayer for reduction of penalty only.

¶11

Keeping in view the fact that the coordinate Benches have reduced the penalty in similar cases and that the opposite parties have not appeared to oppose the writ petition, the writ petition is allowed . The impugned order dated 04.03.2016 passed by the PLA, Lucknow in PLA Case No.102 of 2015 is modified only to the extent that the amount of penalty awarded to be paid to the opposite parties no.1 to 3 is reduced from Rs.50,000/- each to Rs.25,000/-. Rest of the award dated 04.03.2016 will remain unaltered.

¶12

Order Date :- 2.5.2024 akhilesh/-

¶13

(Subhash Vidyarthi, J.)

¶14

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

Oriental Insurance Company Ltd. Thru Divisional Manager v. Smt. Sirsa Devi and Ors.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. Thru Divisional Manager v. Smt. Sirsa Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Paras Nath Singh Vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 10 Others

Steel Authority of India Ltd. Sultanpur Vs District Judge Lucknow and Another

Naushad Khan vs State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Ashok Kumar Vs Additional Commissioner Admn. Faizabad Mandal and Ors.

Mohd. Amir Vs State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Raushan Kumar Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.