Dismissed

United India Insurance Company Limited v. Surajmukhi

Rajasthan HC14 Oct 2022CW/11026/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a writ petition filed by an insurance company challenging a Permanent Lok Adalat order awarding compensation to the widow of a policyholder who died by snake bite. The Court held that despite a delay in reporting, the insurance company was liable as the cause of death was established by certified medical records within the policy period.

What did the court decide?

The writ petition filed to quash the order of the Permanent Lok Adalat awarding compensation was dismissed.

United India Insurance Company Limited Vs Surajmukhi — Insurance | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 11026/2022

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United India Insurance Company Limited, Near Alok Cinema, Churu Through Its Branch Manager.

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----Petitioner

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Versus

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Surajmukhi W/o Late Shri Sher Singh, Resident Of Village Harpaloo Patram, Tehsil Rajgarh, District Churu.

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Central Cooperative Bank, Churu, Near Dharmstoop, Churu Through Its Branch Manager.

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----Respondents

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For Petitioner(s) : Mr. Mukul Singhvi

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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14/10/2022

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Heard learned counsel for the petitioner.

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The present writ petition has been filed, whereby a challenge has been laid to the order dated 14.09.2021 passed by the Permanent Lok Adalat, Churu.

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Brief facts of the case are that respondent-Surajmukhi’s husband Sher Singh was insured with the petitioner-Insurance Company vide policy No. 141300/47/15/43/0000320 dated 21.08.2015(Annex.3). The period of insurance policy was from 21.08.2015 to 20.08.2016. While Sher Singh was working in his agriculture farm, he had a snake bite on 27.05.2016 and therefore he was taken to the Primary Health Center, Rajgarh, District Churu. After some treatment, he was declared dead and the cause of death was stated to snake bite. A certificate to that effect was also issued by the Primary Health Center, Rajgarh on 27.05.2016. Since the compensation was not paid, wife of the

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(2 of 4)

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[CW-11026/2022]

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deceased preferred an application for grant of the compensation as per the insurance policy dated 21.08.2015 before Permanent Lok Adalat, Churu and the same was allowed vide order dated 14.09.2021. Hence, this writ petition.

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Learned counsel for the petitioner submits that the incident was reported to the petitioner-company after a lapse of 162 days. He submits that since the petitioner was not informed about the death of Sher Singh on account of the snake bite immediately, therefore, no proper investigation was got conducted and this delay in informing the petitioners creates doubt that the Sher Singh died because of snake bite.

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Learned counsel for petitioner vehemently submits that the Permanent Lok Adalat has committed an error while allowing the application of the respondent in awarding huge amount of Rs. 3 Lakhs as compensation. He, therefore prays that the order dated 14.09.2021 passed by Permanent Lok Adalat may be quashed and set aside.

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I have considered the submissions made at the Bar and gone through the relevant record of the case including the impugned order dated 14.09.2021.

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Deceased Sher Singh was having an insurance policy dated 13.08.2015 issued by the petitioners is not in dispute. The only ground on which the present writ petition has been filed is that the fact of the death of Sher Singh on account of the snake bite has been informed after gross delay of 162 days. Thus, the proper investigation could not be conducted by the petitioners raising the doubt about the factum of death of Sher Singh by snake bite. The treatment slips issued by the Primary Health Centre, Rajgarh, Churu very clearly projects the fact of snake bite of the deceased

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(3 of 4)

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[CW-11026/2022]

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Sher Singh, the same has been taken note of by the Permanent Lok Adalat and no fact contrary to the treatment slips issued by the Primary Health Centre Rajgarh has been brought on record which shows that Sher Singh did not pass away because of the snake bite. The documentary evidence which was produced before Permanent Lok Adalat, Churu was rightly evaluated and there was no doubt with respect to the death of Sher Singh having occurred on account of snake bite. Once the factum of the death of Sher Singh is established on account of snake bite, then there is no reason for this Court to be persuaded by the submissions of the learned counsel for the petitioner that the incident was reported to the petitioner after a delay of 162 days.

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It is also noted that the respondent-Surajmukhi belongs to downtrodden society having rural background and, therefore if she could not approach the petitioner and Permanent Lok Adalat in time then the same cannot come in the way of awarding the amount of the compensation to the respondents merely on account of delay. Since, the undisputed facts disclose that Sher Singh was insured with the petitioner’s under the policy issued by the petitioner and the incident of the snake bite had happened during the currency of the policy and it is established by the certificates and the treatment slips issued by the doctors of the Permanent Lok Adalat, Rajgarh which shows that the death was because of the snake bite then the petitioner is under an obligation to pay the compensation to the respondents.

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In view of the discussions made above, no interference is warranted in the order dated 14.09.2021 passed by the Permanent Lok Adalat, Churu.

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(4 of 4)

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[CW-11026/2022]

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The writ petition is bereft of merit and the same is,

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therefore, dismissed.

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(VINIT KUMAR MATHUR),J

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283-nitin/-

United India Insurance Company Limited v. Surajmukhi

Case brief

What is this about?

What did the court decide?

United India Insurance Company Limited v. Surajmukhi

Case brief

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