SMT. KANTI AND OTHERS v. M.D. U.P.S.R.T.C. LUCKNOW AND OTHERS
WRIA/12055/2006 · 2025-09-14
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32222 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32222 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12055 of 2006 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. None appears on behalf of petitioners. 2. Sri V.K. Chandel, learned counsel for respondent-LIC and Sri Ayush Mishra, Advocate holding brief of Sri S.K. Mishra, learned counsel for other respondents. 3. This writ petition is pending for last more than 19 years. The prayer in this writ petition to make payment of Rs.50000/- of Group Insurance Scheme with interest to petitioners (legal heirs of deceased employee). 4. Sri V.K. Chandel, learned counsel for respondent refers paragraph Nos.8 and 11 of counter affidavit that due payment has already been paid and there is no ground to pay any extra amount. Paragraph Nos.8 and 11 are reproduced hereinafter :-
"8. That the contents of paragraph-6 of the writ petition are incorrect hence not admitted and are denied. It is submitted that the payment of Rs.6453/- has been made to the petitioner concerning saving contribution with interest of employee. The deponent further submits that the payment of death claim amount Rs.50,000/- has not been made to the petitioners because Uttar Pradesh State Road Transport Corporation himself stated in claim statement that the premium of said employee has been deducted for the period March 1976 to January 1994 hence insurance of employee was not continuing at the time of death of employee. The deponent further submits that although employee was leave but Uttar Pradesh State Road Transport Corporation should deposit premium continuously month to month in accordance with rules of policy but Uttar Pradesh State Transport Corporation did not deposit employees premium and he did not deduction employee premium of Group Insurance from the salary of employee and also not sent to Life Insurance Corporation of India Versus Counsel for Petitioner(s) : Ajai Tiwari, Amit Krishan, R.K.Singh Counsel for Respondent(s) : Vivek Mishra, S.C., S.K.Mishra, V.K. Chandel Smt. Kanti And Others .....Petitioner(s) M.D. U.P.S.R.T.C. Lucknow And Others .....Respondent(s)
in time. 11. That the contents of paragraph-9 of the writ petition are incorrect hence not admitted and are denied. It is stated that all responsibility is upon the department i.e. Uttar Pradesh.State Road Transport Corporation.
The deponent further submits that Uttar Pradesh.State Road Transport Corporation has not deposited payment of monthly premium therefore Life Insurance Corporation India are not responsible and not liable for the payment of full amount of Group Insurance Scheme. It is further submitted that non-payment of monthly premium was the fault of department (Uttar Pradesh.State Road Transport Corporation) who is the Master policy holder and monthly contribution under the Scheme are to be deducted from the salary of the employees and remitted to Life Insurance Corporation in time"
5. Learned counsel for respondent also refers the paragraph Nos. 7 and 10 of rejoinder affidavit, which is also reproduced hereinafter :-
"7. That, the contents of para no.8 of the counter affidavit need no reply. 10. That, in reply to the contents of para no.11 of the counter affidavit, it is submitted that the Life Insurance Corporation cannot be spared from its liability from making the payment of the maturity amount of Group Insurance Scheme as Dhoom Singh was paying monthly contribution and paid till Jan. 1994 and he became ill and died on 15.12.1994"
6. In the aforesaid circumstances and considering above reply in rejoinder that a specific assertion of respondent was replied in a vague manner as well as taking note of other argument that deceased employee remained absent from 07.04.1989 to 15.12.1994, therefore, also claim of petitioners cannot be accepted. Accordingly, writ petition is dismissed. September 15, 2025 P. Pandey WRIA No. 12055 of 2006 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad