GYANDAS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. FINANCE LKO. AND 2 OTHERS
WRIC/9242/2025 · 2025-09-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163707 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163707 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9242 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-opposite party no.1, Shri Akashdeep Srivatava, Advocate holding brief of Shri Gopal Kumar Srivatava, learned counsel for opposite party no.2 and perused the record. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.3 is hereby dispensed with. 3. This writ petition has been filed by petitioner with following main prayer(s):
"(1) A writ, order or direction in the nature of mandamus commanding thereby directing the opposite party No.2 to provide the benefit of insurance claim under the IB Rakshak scheme, to the petitioner forthwith, in the interest of justice. (II) A, writ, order or direction in the nature of mandamus commanding thereby directing the bank authorities to decide the insurance claim of the petitioner made under IB Rakshak on 19.05.2025, in the interest of justice. (contained as Annexure No. 5)."
4. It is the case of the petitioner that the petitioner's wife namely Late Roopan Devi @ Rupna Devi, died on 27.03.2025 due to a road accident and the petitioner being legal heir and nominee of the deceased is claiming policy amount as the petitioner's wife was having Bank Account No.50106813175 in the Indian Bank at Aryanagar Branch, Gonda. The said bank has launched a scheme of IB Rakshak for insurance having bank account, wherein the petitioner's wife has taken the insurance policy Versus Counsel for Petitioner(s) : Lal Bahadur Khan Counsel for Respondent(s) : C.S.C., Gopal Kumar Srivastava Gyandas .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko. And 2 Others .....Respondent(s)
of Rs.5,00,000/- for which premium of Rs.177/- has been debited from her aforesaid account. The said scheme was launched by the Universal Sompo Insurance Company Limited and in case of accident, the petitioner is entitled to receive injured amount. The deceased Roopan Devi @ Rupna Devi died due to motorcar and tempo accident within the jurisdiction of Police Station Jagdishpur Baldi and therefore, the petitioner filed his claim on 19.05.2025 for the policy amount i.e. Rs.5,00,000/- after completing all the formalities, however, the claim has not been allowed, therefore, present writ petition has been filed with the aforesaid prayers. 5.
Shri Akashdeep Srivatava, Advocate holding brief of Shri Gopal Kumar Srivatava, learned counsel for opposite party no.2 has raised preliminary objection regarding maintainability of the writ petition as opposite party no.3 is a private Insurance Company and therefore, writ petition is not maintainable. 6. Shri Akashdeep Srivatava has also drawn attention of this Court towards Annexure No.5 to the writ petition, wherein it is provided under the heading of 'Resolving Issues' that in case of any discrepancy, complaint or grievance, the aggrieved person is free to contact Universal Sompo General Insurance Company Limited within 15 days of receipt of the policy. Further in the heading of 'Claims Servicing', it is provided that for any claims related assistance, notification of claim and submission of claim related documents, insured person can contact through nearest office or call our 24/7 Customer Care number 1800-22-4030, 1800-200- 4030 or write to us at: healthserve@universalsompo.com, which indicates that claim can be raised before opposite party no.3. 7. In view of the aforesaid factual matrix, we find that this writ petition is not maintainable. 8. The writ petition is disposed of with liberty to the petitioner to approach the Ombudsman provided under the Banking Regulations. September 22, 2025 Anupam S/- WRIC No. 9242 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench