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2025 DAILYLAW 55351 (ALL)

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

WRIC/14588/2025 · 2025-05-07

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74908-DB Court No. - 39 Case :- WRIT - C No. - 14588 of 2025 Petitioner :- The Oriental Insurance Company Limited And 2 Others Respondent :- Smt Suman 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. 1. Mr. Arun Kumar Shukla, learned advocate appears on behalf of petitioners and submits, claim of respondent no.1 was made beyond time. He draws attention to clause 22(c) in the policy. The clause is reproduced below. "22 (c) The claims are to be made within three months (but not later than one month of end of Insurance period). In case, the claims are not made with in the above time frame, then District Magistrate shall have the rights to excuse the delay for claim submission for additional one month." He seeks interference with impugned orders dated 5th March and 17th March, 2025, one of them being of the competent authority directing payment of the sum. 2. Mr. Sanjeev Kumar Saxena, learned advocate appears on behalf of respondent no.1 (beneficiary). Mr. Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State. He submits, the competent authority upon being directed by co-ordinate Bench on order dated 22nd April, 2024 in the writ petition filed by respondent no.1, verified the claim and passed the recommendation/ direction for payment. 3. Text of said order dated 22nd April, 2024 made in Writ-C no.- 11671 of 2024 (Smt. Suman Devi Vs. State of U.P. and another) is reproduced below. "1. Upon hearing learned counsel for the parties and upon perusal of the record, it transpires, the petitioner's claim for insurance money has been repudiated by the insurer. Thereafter, the petitioner's application has remained pending before the respondent no.2. 2. Accordingly, the writ petition stands disposed of with the direction, if the petitioner's application dated 16.8.2019 (Annexure no.6 to the writ petition) filed through post on 19.8.2019 is still pending before respondent no.2, that application may be dealt with and decided on its own merits, as expeditiously as possible, preferably within a period of three months from the date of a copy of this order is served on the said respondent. If that application has already been decided, due communication of the same may be made to the petitioner within a period of two weeks from the date of compliance shown by the petitioner." 4. Petitioners' objections of the claim being extinguished as filed out of time ought to have been one of the reasons for repudiation of the claim, set aside by said order dated 22nd April, 2024. There is no dispute that upon intervention by co-ordinate Bench on said order dated 22nd April, 2024, directing consideration of the claim, the competent authority was authorized to so consider. Consideration has been made and payment recommended/ directed. No interference is warranted. 5. The writ petition is dismissed. Order Date :- 8.5.2025 Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad