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Neutral Citation No. - 2025:AHC:84494-DB Court No. - 39 Case :- WRIT - C No. - 14328 of 2025 Petitioner :- Smt. Shiv Kumari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Rai,Rawati Raman Pathak Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr.Abhishek Rai, learned advocate appears on behalf of petitioner and submits, his client lost her daughter to snake-bite. Impugned is order dated 28th March, 2025 of respondent no.2 (the District Magistrate) rejecting the claim for compensation on ground that nobody had seen a snake to have bitten his client's daughter. On query he submits, postmortem report dated 28th May, 2022 stands disclosed. He seeks interference.
2. Mr.Mohan Srivastava, learned advocate, Standing Counsel appears on behalf of State and submits, in impugned order reason given was opinion in the postmortem report that immediate cause could not be ascertained, coupled with absence of witness as cause for rejection.
3. There stands disclosed in the writ petition writing dated 8th July, 2021 of the Additional Chief Secretary dispensing with preservation of viscera, thus also dispensing with forensic lab test. In that context, the postmortem report mentions only one antemortem injury, also referred in impugned order. The statement is reproduced below.
"A.M.I. 1.Abrasion about 1 X 0.2 cm over medial aspect of (Rt.) Hand just proximal to proximal joint of little finger." Furthermore, opinion at the inquest as appears from document dated 28th May, 2022 is of snake-bite.
4. There is no indication in the postmortem report to show a cause of death other than snake-bite. As such, on the materials on record, a prudent person would likely infer death of the victim by snake-bite. In the circumstances, impugned order appears to be perverse. It is set aside and quashed.
5. Petitioner's claim is to be, accordingly, processed and the compensation disbursed within four weeks from communication of certified copy of this order.
6. The writ petition is disposed of. Order Date :- 20.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad