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2025 DAILYLAW 131262 (ALL)

UNITED INDIA INSURANCE COMPANY LIMITED THRU. REGIONAL MANAGER LUCKNOW AND ANOTHER v. STATE OF U.P. THRU. D.G. INSTITUTIONAL FINANCE,INSURANCE AND EXTERNALLY AIDED PROJECTS,LKO.AND ORS.

A227/1811/2025 · 2025-04-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18856 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1811 of 2025 Petitioner :- United India Insurance Company Limited Thru. Regional Manager Lucknow And Another Respondent :- State Of U.P. Thru. D.G. Institutional Finance,Insurance And Externally Aided Projects,Lko.And Ors. Counsel for Petitioner :- Prasoon Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Sri Rinku Verma, learned counsel for the respondent no. 3 and perused the record. 2. The present petition has been filed by the petitioners challenging an award dated 13.09.2024 passed by the Permanent Lok Adalat, whereby an amount of Rs.5 Lacs has been awarded along with the penalty @ Rs.1000/- per week from 19.12.2017 up to the date of actual payment and payment of Rs.5000/- has been awarded towards the cost of the proceedings. 3. The contention of the counsel for the petitioners is that there is no prescription for levy of penalty. He further argues that the amount has been wrongly awarded, although the claimant was not entitled as the deceased was the younger son of the claimant and thus claimant was not dependent on the younger son. 4. The counsel for the respondent on the other hand argues that after the consideration of evidence, the Permanent Lok Adalat is held that a deceased was bread earner of the family and, his father has also died. He further argues that in similar cases, interest has been awarded. 5. Considering the said submission, the award is modified to the extent that the amount of Rs.5 Lacs shall be paid by the petitioners along with interest @ 8% per annum from 19.12.2017 up to the date of actual payment/realization. In addition to the said, an amount of Rs.5000/- shall also be paid by the petitioners towards the legal expenses. The amounts as directed above, shall be paid by the petitioners before the Permanent Lok Adalat within a period of two months from today, which shall be paid to the claimants in accordance with law. 6. The petition is disposed of in terms of the above. Order Date :- 4.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench