ORIENTAL INSURANCE COMPANY LTD. THRU BRANCH MANAGER LUCKNOW v. PERMENENT LOK ADALAT LUCKNOW AND ORS.
A227/2758/2019 · 2025-03-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148716 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148716 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15999 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2758 of 2019 Petitioner :- Oriental Insurance Company Ltd. Thru Branch Manager Lucknow Respondent :- Permenent Lok Adalat Lucknow And Ors. Counsel for Petitioner :- Anchal Mishra Counsel for Respondent :- C.S.C.,Dhruv Kumar Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel.
2. The present petition has been filed by the petitioner challenging the award of the Permanent Lok Adalat, whereby the compensation of Rs.3/- lac was awarded along with interest @ 9% p.a. on account of death of the Home Guard, who was duly ensured. Further direction was given for apportionment of the awarded amount.
3. The submission of the Counsel for the petitioner is that the petitioner issued a group accident policy to the Home Guards and the deceased was covered under the said policy. It is further argued that on 01.02.2013, while the petitioner was crossing the railway line met with an accident and died. He further argues that the deceased was crossing the railway line instead of over bridge, therefore, he was denied the claim.
4. The said argument cannot be accepted for the sole reason that the policy in question itself came to provide compensation on account of an accident. There being no specific reason to deny or disapproving the judgment passed by the Permanent Lok Adalat, the writ petition cannot be entertained. The writ petition is dismissed accordingly.
5. However, the amount of interest awarded @ 9% p.a. is slightly excessive, as such, the same is reduced to @ 7% p.a. The other part of the award shall remain unchanged.
6. The amount of award shall be deposited by the petitioner within a period of six weeks from today, which shall be paid to the claimant in accordance with law. Order Date :- 19.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench