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2025 DAILYLAW 52563 (ALL)

THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 OTHERS v. SMT. ANITA DEVI AND 4 OTHERS

WRIC/14270/2025 · 2025-05-13

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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Neutral Citation No. - 2025:AHC:79397-DB Court No. - 39 Case :- WRIT - C No. - 14270 of 2025 Petitioner :- The Oriental Insurance Company Limited And 2 Others Respondent :- Smt. Anita Devi 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. Mr. Arun Kumar Shukla, learned advocate appears on behalf petitioner, the Insurance Company. He submits, his client has challenged, inter alia, order dated 3rd March, 2023 of the District Review Committee (DRC) through the District Magistrate. Thereby there was illegal direction made for payment of the sum assured to respondent no. 1, though the claim was filed beyond time. He seeks interference. Drawing attention to impugned order he submits, there is acknowledgment that the claim was sent to his client on delay. The order be set aside and quashed. Mr. Sanjeev Kumar Saxena, learned advocate appears on behalf of respondent no.1 and submits, her client made the claim on 16th April, 2019, her husband having died in motor accident on 22nd March, 2019. He submits, the writ petition be dismissed. Mr. Devansh Rathore, learned advocate Additional Chief Standing Counsel appears on behalf of State. On query he submits, the DRC is the competent authority to verify the claim and it has done so. On query made, Mr. Shukla does not dispute that the DRC is the competent authority. Furthermore, we find disclosed in the writ petition order dated 2nd January, 2025 made by coordinate Bench in the writ petition of respondent no. 1, restoring her claim for consideration by the DRC, after which came to be made, impugned order. Reason given therein includes record of fact that petitioner had lodged claim on 16th April, 2019 on the death happened on 22nd March, 2019. It is thereafter there was delay on verification and then communication to the Insurance Company. Petitioner was represented before the DRC in the making of impugned order. We do not find any perversity or otherwise illegality. In view of aforesaid, the writ petition is dismissed. Order Date :- 14.5.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad