STATE OF U.P.THRU.PRIN.SECY.REVENUE LUCKNOW and ORS. v. POOJA DEVI and ANR.
A227/15780/2021 · 2025-03-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115553 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115553 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17140 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 15780 of 2021 Petitioner :- State Of U.P.Thru.Prin.Secy.Revenue Lucknow And Ors. Respondent :- Pooja Devi And Anr. Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Rinku Verma,Rakesh Kumar Yadav Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and Shri Rinku Verma, learned counsel for the respondent.
2. The present petition has been filed challenging the Permanent Lok Adalat award. The Permanent Lok Adalat by means of the impugned award had granted a compensation of Rs.5 lacs along with penalty of Rs.2,500/- per week and interest @ 9% per annum.
3. The contention of learned counsel for the petitioner is that deceased died on account of committing suicide and it was not a case of accident. He further argues that awarding of the interest and penalty simultaneously is bad in law. He further argues that the interest could be awarded only from the date of the filing of the application before the Permanent Lok Adalat and not prior thereto.
4. Learned counsel for the respondent, on the other hand, argues that the Permanent Lok Adalat, after considering the evidence on record, held that it was a case of accident and the deceased died when she came in the contact of train and thus, there was no material according to him, to suggest that it is a case of suicide.
5. Considering the evidence, which was taken into account by the Permanent Lok Adalat, there is no contrary evidence to dispute the said manner of decision making or evidence contrary to what has been appreciated by the Permanent Lok Adalat. Thus, no interference is called for with the award.
6. However, the award of penalty @ Rs.2,500/- per week is set aside. The award is further modified that the interest shall be payable on the amount awarded from the date of filing of the application before the Permanent Lok Adalat, i.e., 18.04.2018 up to the actual date of payment/realization. The amount as awarded shall be deposited before the Permanent Lok Adalat for being paid to the claimant within a period of two months from today.
7. The petition stands disposed of in terms of above. Order Date :- 25.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench