DINESH SINGH v. STATE OF U.P. THRU. COMMISSIONER AND SECY. BOARD OF REVENUE AND 2 OTHERS
WRIC/11076/2025 · 2025-12-01
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179101 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179101 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11076 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsels appearing on behalf of the parties. 2. This is a petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the inaction on the part of the respondent- authorities in making payment of his claim application under the Mukhyamantri Kisan Evam Sarvhit Bima Yojana. 3. The prayers made in the writ petition are delineated below:-
"(i) Issue a writ order or direction int he nature of mandamus commanding to the respondent no. 2 & 3 decide the claim application filed by the petitioenr and pay the insured amount with 18% interest in the interest of justice who was died on 18.01.2018 due to Road accident the claim application is pending till date. (ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to pay the compensation /claim of accidental death under the scheme of Mukhyamantri Kisan Evam Sarvhit Bima Yojana to the petitioner."
4. It is clear from the facts that in spite of an order passed on July 19, 2022 by the District Level Committee headed by the District Magistrate wherein an order was passed in favour of the petitioner, the insurance company has not made payment of the said insurance. 5. It appears that the Insurance Company has made an application on Versus Counsel for Petitioner(s) : Janendra Kumar Verma, Deepak Kumar Verma Counsel for Respondent(s) : C.S.C., Satyajit Banerji Dinesh Singh .....Petitioner(s) State Of U.P. Thru. Commissioner And Secy. Board Of Revenue And 2 Others .....Respondent(s)
25.08.2022 challenging the said order passed by the District Level Committee.
It is to be noted that the Mukhyamantri Kisan Evam Sarvhit Bima Yojana scheme categorically states as follows:-
"यिद दावे मȅ िकसी Šकार की िडिĥŌपȅसी पाई जाती है या कोई िववाद उĕपęन होता है तो उस दशा मȅ दावे की जांच जɴरी होगी तथा उस जांच आćया को िजलािधकारी की अĘयWता मȅ बनाई गई सिमित के समW एक माह के अंदर Šĥतुत िकया जाएगा। िजलािधकारी की अĘयWता मȅ बनाई गई सिमित मȅ मुćय िवकास अिधकारी, मुćय िचिकĕसािधकारी, अपर िजलािधकारी (िवǥ एवं राजĥव) उप िजलािधकारी सदĥय हȋगे तथा बीमा कं पिनयȋ के Šितिनिधयȋ को भी आमंिśत िकया जाएगा। सिमित सभी लंिबत एवं िडĥŌे पȅट / िववािदत दावȋ के संबंध मȅ िनणăय लेगी तथा बीमा कं पनी उस िनणăय के अनुसार एक माह के अंतगăत दावे के भुगतान के िलए बाĘय होगी।"
6. From a perusal of the scheme, it does not appear that the Insurance company has any right to appeal against the decision taken by the District Level Committee. Furthermore, it is to be noted that a member of the Insurance Company is a part of the District Level Committee and therefore, the scheme does not provide for any such appeal. In fact, the scheme makes it mandatory for the Insurance Company to make the payment within a period of one month from the date of decision having been taken by the District Level Committee. 7. In light of the same, we are of the view that the Insurance Company has not acted as per law, and is accordingly directed to make payment of the insurance amount of Rs. 5,00,000/- along with interest @ 7% per month starting from 1st September, 2022. 8. The interest has been provided from 01.09.2022 keeping in mind the provision that states that the payment is required to be made by the Insurance Company within a month from the date of decision taken by the District Level Committee. 9. The writ petition is disposed of in the aforesaid terms.
December 1, 2025 Lokesh Kumar WRIC No. 11076 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench