This writ petition challenged an award by the Permanent Lok Adalat directing an insurance company to pay Rs. 50,000. The court dismissed the petition, upholding the award but waived interest due to a one-year delay in filing the claim.
Petition dismissed; Petitioners directed to pay Rs. 50,000 within one month; Interest waiver granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3054 of 2013
The New India Assurance Company Ltd. & Anr.
…. Petitioner(s)
Mr. Adam Ali Khan, Adv.
Miss J.P. Tripathy, Adv.
-versus-
The Chairperson, PLA for Public Utility Services, Balasore Ors.
…. Opposite Party(s)
Mr. Chittaranjan Swain, Adv. for O.P.3
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order
ORDER
No. 01.05.2024
1 . This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioners/Insurance Company have challenged the award dated 21.09.2012 passed by the learned Chairman, Permanent Lok Adalat (PUS), Balasore-Bhadrak in PLA Case No.51 of 2012.
3. The factual scenario of the case as well as submissions on behalf of the Petitioners and the Opposite Party No.3 in brevity remains:-
(i) Due to death of her husband/the policy holder in a motor vehicular accident, the Opposite Party No.2 filed a case vide Signature Not Verified Digitally Signed PLA Case No.51/2012 before the learned Permanent Lok Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa A dal at (PUS), Balasore-Bhadrak for insurance benefit.
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 03-May-2024 17:39:59
Page 1 of 4
(ii) Upon hearing all the parties, the learned Permanent Lok Adalat (PUS), Balsore-Bhadrak directed the Petitioners to pay the sum assured amount i.e. Rs.50,000/- along with interest @ 6% per annum from 11.01.2012 to the Opposite Party No.2. It was also directed therein that if the Petitioners fail to pay the said amount to the Opposite Party No.2 within the time stipulated therein, the Opposite Party No.2 can approach the Civil Court for realization of the said amount along with interest. Hence, this Writ Petition.
(iii) Challenging the above award learned counsel for the Petitioners submits that in the year 1998 two memorandum of understandings were executed between the Golden Trust Financial Services (hereinafter in short be reflected as “G.T.F.S”) and the Petitioners for medical claim and personal accident. She further submits that the husband of the Opposite Party No.2 had purchased a Group Janata Personal Accident Insurance Policy (hereinafter in short be reflected as “J.P.A policy”) from the G.T.F.S and the said policy was also valid for the period from 01.06.2000 to 31.05.2015.
(iv) She contends that since there is some dispute with regard to the surname of the policyholder, the Opposite Party No.2 is not entitled to get the benefit of above noted
policy.
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 03-May-2024 17:39:59
(v) In his opposition to the above submission, learned co un sel for the Opposite Party No.2 submits that in order to establish that the deceased Debacharan Mahanta and
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Devcharan Mahato is one person, the Opposite Party No.2 being his wife had also filed an affidavit in the forum below stating therein that Debacharan Mahanta and Devcharan Mahato is one and same person and also Parbati Mahanta and Parvati Mahato is also one and same person.
(vi) He also contends that for proper and effective adjudication of the dispute vide P.L.A. Case No.51/2012 the Opposite Party No.2 at a later stage had also impleaded the G.T.F.S. as a party to the proceeding below.
(vii) At this juncture, learned counsel for the Petitioners submits that as per the policy condition the claim should have been made immediately after the death of the policyholder/the husband of the Opposite Party No.2. But, in the present context the complainant lodged the claim through the Opposite Party No.3/G.T.F.S. on 10.01.2011, which is almost after one year from the date of occurrence. She, accordingly, prays for allowing this Writ Petition.
(viii) At this juncture, learned counsel for the Opposite Party No.2 submits that since the Opposite Party No.2 was in distress condition due to untimely death of her husband, she made the claim belatedly. He also submits that the belated approach of the Opposite Party No.2 was not intentional. He,
accordingly, prays for dismissal of this Writ Petition.
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 03-May-2024 17:39:59
4. Considering the submissions of the parties and looking to th e f actual scenario of the case, this Court does not find any infirmity in the award dated 21.09.2012 passed in PLA Case
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No.51/2012. However, since the complaint was lodged after one year from the date of occurrence, the direction of the learned Permanent Lok Adalat (PUS), Balasore-Bhadrak with regard to payment of interest @6% per annum from 11.01.2011 is waived off.
5. In the process, this Court directs the Petitioners to pay the awarded amount of Rs.50,000/- as per the direction of the learned Chairman, Permanent Lok Adalat (PUS), BalasoreBhadrak in PLA Case No.51/2012 to the Opposite Party No.2 within a period of one month hence.
6. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 03-May-2024 17:39:59
Page 4 of 4
2 issues framed by the court
Whether the award of the Permanent Lok Adalat directing payment of insurance benefit is sustainable given the belated filing of the claim.
Whether interest on the awarded amount should be granted considering the delay in lodging the claim one year after the accident.
1 provisions across 1 enactments
The New India Assurance Company Ltd. & Anr.
The Chairperson, PLA for Public Utility Services, Balasore
DR. JUSTICE S.K. PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
