Allahabad High Court
Vansh Bahadur Singh vs State Of U.P. Thru. Prin. Secy. ... on 15 March, 2021
Bench: Alok Singh, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 3
Case :- MISC. BENCH No. - 6564 of 2021
Petitioner :- Vansh Bahadur Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue,Lko.& Ors.
Counsel for Petitioner :- Mukesh Singh,Abhay Raj Singh
Counsel for Respondent :- C.S.C.
Hon'ble Alok Singh,J.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties and gone through the record.
In view of the order proposed to be passed, the notice to opposite party no. 3 is hereby dispensed with.
Instant writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari to quash the order dated 15.06.2020 passed by the District Level Committee presided by the District Magistrate, Ambedkar Nagar, whereby claim of the petitioner was rejected on the ground of delay.
It is stated in the impugned order dated 15.06.2020 that the application of the petitioner seeking benefit under the Mukhyamantri Kisan Evam Sarvhit Bima Yojana, was filed after the period prescribed under the Scheme i.e. four months.
Assailing the decision of the District Level Committee, learned counsel for the petitioner submitted that the period prescribed under the Scheme has been held to be ultra vires by this Court vide judgment dated 11.11.2020 passed in Writ C- 15983 of 2020 (Gautam Yadav vs. State of U.P. and 3 Ors.). Relevant para of the aforesaid judgment is quoted hereinbelow:-
"It is no doubt true that the Limitation Act is not applicable in proceedings other than the suits and appeals and the proceedings before the Court, however, the Schedule attached to the Limitation Act clearly lays down the period within which a suit can be instituted in the event of non-payment of compensation.
Article 44-(a) & (b) of the Schedule to the Limitation Act, 1963 is quoted as under:
"(a) On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers;
Three years
The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial.
(b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers;"
Three years
The date of the occurrence causing the loss, or where the claim on the policy is denied either partly or wholly, the date of such denial.
Thus, the 'law of the land' which is binding on all insurance contracts by virtue of Section 46 providing three years' of limitation in the event of a suit being filed has to be accepted as a reasonable period within which a claim for insurance and a claim against the wrongful rejection of the insurance can be preferred. We take a ''que' from the schedule appended to the Limitation Act to hold that the limitation of three years from the date of the death or the date of rejection of the claim, partly or wholly, would be a reasonable time for filing a claim under the Mukhyamantri Kisan Avam Sarvahit Bima Scheme and the similar schemes which were in force prior thereto on behalf of beneficiaries of the Scheme. We hold so also keeping in mind that the procedure for raising a claim in the manner as provided in the Scheme by implication may bar remedy of filing suit by virtue of Section 9 of Civil Procedure Code."
Learned standing counsel could not disputed the aforesaid aspect of the case.
In view of the aforesaid, the order dated 15.06.2020 passed by the District Level Committee presided by the District Magistrate Ambedkar Nagar is liable to be interferred by this Court.
The order dated 15.06.2020 passed by the District Level Committee presided by the District Magistrate Ambedkar Nagar is hereby quashed and the opposite party no. 2- District Level Committee, Mukhyamantri Kisan Evam Sarvhit Bima Yojna is directed to consider the claim of the petitioner on merits within a period of three months from the date of production/receipt of certified copy of this order.
This writ petition is allowed in the above terms.
Order Date :- 15.3.2021
Nitesh
