THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 OTHERS v. SMT. ROOP RANI AND 4 OTHERS
WRIC/14276/2025 · 2025-05-13
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52551 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52551 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79555-DB Court No. - 39 Case :- WRIT - C No. - 14276 of 2025 Petitioner :- The Oriental Insurance Company Limited And 2 Others Respondent :- Smt. Roop Rani And 4 Others Counsel for Petitioner :- Arun Kumar Shukla Counsel for Respondent :- C.S.C.,Sanjeev Kumar Saxena Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Arun Kumar Shukla, learned advocate appears on behalf of petitioner (the insurance company). He submits, under challenge is inter alia order dated 19th February, 2025 made by respondent no.4 [the District Review Committee through the District Magistrate (DRC)]. He submits, post mortem report in respect of the deceased mentions smell of alcohol. The policy clearly provides for rejection of claim, where death is of a person, who was under influence of alcohol. He seeks interference for quashing impugned order.
2. Mr. Sanjeev Kumar Saxena, learned advocate appears on behalf of respondent no.1 and submits, son of her client died in road accident. She is entitled to claim under the insurance scheme. In impugned order, the DRC did not find any evidence of percentage of alcohol in blood of the deceased. Mr. Raj Mohan Upadhyay, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, the DRC duly passed impugned order. There is no cause for interference.
3. We are not called upon to interpret the insurance policy term providing for rejection when it is revealed, the deceased was under influence of alcohol. It is because there is no percentage of alcohol
in the blood, mentioned in the post mortem report, for us to consider what is influence of alcohol. There is only mention of smell. It would not be safe to rely on said mention without particulars, for holding that the influence of alcohol clause stands attracted.
4. For reasons aforesaid, the writ petition is found to be without merit. It is dismissed. Order Date :- 14.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad