The Oriental Insurance Company ... vs Smt. Nirmala And Others
2023 Latest Caselaw 6237 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 
Case :- WRIT - C No. - 1007813 of 2014
 
Petitioner :- The Oriental Insurance Company Ltd. Thru Divisional Manager
 
Respondent :- Smt. Nirmala And Others
 
Counsel for Petitioner :- Vaibhav Raj
 
Counsel for Respondent :- C.S.C.,Naresh Singh
 

 
Hon'ble Abdul Moin,J.

1. Heard Shri Vaibhav Raj, learned counsel for the petitioner, Shri Naresh Singh, learned counsel for the respondents no. 1 to 4 and learned Standing Counsel for the respondents no. 5 and 6.

2. With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

3. There is a consensus at the Bar that the matter in issue is squarely covered by the judgment dated 26.10.2021 of this Court in the case of Oriental Insurance Company Ltd vs Smt Ramkali @ Rajkumar and others passed in Writ Petition No. 5324 (MS) of 2015.

4. Learned counsel for the petitioner contends that in the judgement of Oriental Insurance Company (supra) the penalty has been reduced to Rs 75,000/- by the Court and in the instant case the penalty imposed by the Permanent Lok Adalat was Rs 1.50 lakhs and thus it is prayed that the said penalty be also reduced in the instant case as in the case of Oriental Insurance Company (supra).

5. To the said proposition Shri Naresh Singh, learned counsel for the respondents no. 1 to 4 has no objection.

6. Accordingly, considering the aforesaid consensus, the instant petition is disposed of in the light of judgement of this Court in the case of Oriental Insurance Company (supra). The penalty amount is reduced to Rs 75000/-. The order of the Permanent Lok Adalat stands modified to that extent. The petitioner-insurance company is directed to release the amount to the respondents no. 1 to 4 within six weeks from today.

Order Date :- 27.2.2023

J.K. Dinkar