THE ORIENTAL INSURANCE COMPANY LTD. THRU. SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE LKO. v. STATE OF U.P. THRU. DIRECTOR GENERAL INSTITUTIONAL FINANCE EXTERNAL AIDED PROJECT LKO. AND 3 OTHERS
/10/2025 · 2025-01-27
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 118679 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118679 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5097 Court No. - 7 Case :- CIVIL MISC REVIEW APPLICATION No. - 10 of 2025 Applicant :- The Oriental Insurance Company Ltd. Thru. Senior Divisional Manager Divisional Office Lko. Opposite Party :- State Of U.P. Thru. Director General Institutional Finance External Aided Project Lko. And 3 Others Counsel for Applicant :- Vashu Deo Mishra Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the applicant and Sri Rinku Verma, learned Counsel for the opposite party.
2. The present review application has been filed seeking review of the judgment and order dated 19.12.2024, whereby this Court following the earlier judgment dated 06.04.2022 had partly allowed the writ petition filed by the Insurance Company.
3. The contention of the Counsel for the petitioner is that as per the postmortem report, the deceased was under the influence of liquor which aspect was overlooked by the Permanent Lok Adalat and has not placed in its true perspective before this Court, as such, the order impugned is requires to be reviewed.
4. The contention of the Counsel for the review applicant deserves to be rejected for the sole reason that the deceased was a pillion rider, the postmortem report on record does not indicate that the death occurred under the influence of liquor. It is further argued that the benefit of insurance would not available if the death is occurred on account of influence of liquor. There is no material to suggest that as to how the death of the pillion rider could be said to have occurred under the influence of liquor when he was not driving the vehicle and was sitting on the vehicle only as a pillion rider.
5. In absence of any evidence to the effect that the death occurred on account of liquor, I do not see any reason to review the order dated 19.12.2024. The review application is dismissed. Order Date :- 27.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench