Bombay High Court
The Oriental Insurance Co Ltd ... vs Anita Sudam Rathod on 29 July, 2021
Bench: M. G. Sewlikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 WRIT PETITION NO. 10284 OF 2018
The Oriental Insurance Co. Ltd
Through Its Manager, Adalat Road
Aurangabad
Through its authorized signatory,
Administrative Officer, D.O.I.,
Oriental Insurance Co. Ltd., Aurangabad ... PETITIONER
(Orig. Opponent)
VERSUS
Anita w/o Sudam Rathod
Age : 38 yrs, Occ. Household
R/o. Post Bharamba Tanda,
Tq. Kannad, Dist. Aurangabad ... RESPONDENT
(Orig. Applicant)
Shri. D. P. Deshpande, Advocate for the petitioner
Shri. M. R. Dahat, Advocate for the respondent
CORAM : M. G. SEWLIKAR, J.
DATED : 29th July, 2021
ORAL JUDGMENT :-
1. Rule. Rule made returnable forthwith. At the stage
of admission, heard finally with the consent of the parties.
2. This petition is under Article 227 of the Constitution
of India assails the judgment and award passed by the
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Permanent Lok Adalat, Aurangabad dated 18th May, 2018 in
Pre Litigation Application Dispute No. 591/2017 wherein claim
of the respondent is allowed and petitioner is directed to pay
Rs. 2 lakhs with 15% interest to respondent within two months
from the date of award.
3. Factual matrix leading to this petition is that the
deceased Sudam Rathod was the husband of respondent-
Anita. Deceased died due to electrocution on 30 th November
2016 at about 1.30 p.m. When the accident took place life
insurance policy under Janata Personal Accident (Group)
Insurance Policy issued by National Insurance Company was in
force. The deceased Sudam took the policy under this scheme
for the period from 01 st December, 2016 to 30 th November,
2017. Therefore, respondent lodged claim before Permanent
Lok Adalat against both the insurance companies i.e. National
Insurance Company and the petitioner i.e. Oriental Insurance
Company.
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4. During the pendency of this petition, National
Insurance Company represented that date of death should be
reckoned for lodging the claim and not the date of the
accident. Application to that effect was filed in Permanent Lok
Adalat and it was requested that name of National Insurance
Company be deleted. Accordingly, the name of National
Insurance Company was deleted from the array of
respondents. Claim was proceeded against petitioner-Oriental
Insurance Company. Permanent Lok Adalat allowed the claim
of respondent and directed to pay Rs.2 lakhs with interest at
the rate of 15% per month from the date of award till the
realization of the entire amount. Permanent Lok Adalat held
that date of death should be considered for lodging of the
claim. Against this award, the petitioner-Oriental Insurance
Company has preferred this writ petition.
5. Learned counsel Shri. Deshpande for the petitioner
invited attention of this Court to the resolution of the
Government dated 04th December, 2009. Clause 12 of this
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resolution reads as under:-
^^12½ ikWfylh lq: >kysY;k dkyko/khr 'ksrd&;kpk vi?kkr
>kY;kl] lnj foek ;kstusarxZr R;kl vFkok R;kP;k dqVqafc;kal
|ko;kph jDde gh dkxni=klg foek izLrko izkIr >kY;kiklwu 2
efgU;kaP;k dkyko/khr vnk dj.ks foek daiuhl ca/kudkjd
jkghy-**
6. From this clause, it is apparent that if accident
occurs during the period covered by the policy then only
insurance company will be liable. Shri. Deshpande, learned
counsel submitted that period of policy of petitioner-company
is 01st December, 2016 to 30th November, 2017.
7. In terms of the Clause 12 of the above resolution,
insurance company will be liable if the accident takes place
during the period from the date the policy commences and the
date on which the policy ends. In the case at hand accident did
not take place during the period of policy covered by the
petitioner-company. This period comes under the policy issued
by National Insurance Company. Name of National Insurance
Company came to be deleted because of the application filed
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by National Insurance Company contending that date of death
and not date of the accident should be reckoned for lodging
the claim. Learned counsel Shri. Dahat for the respondent
submitted that in such a case petition be remanded to
Permanent Lok Adalat for fresh decision after giving the
permission to the respondent to add National Insurance
Company. Learned counsel Shri. Deshpande for the petitioner
has no objection for the same. He submitted that in fact he
has raised this ground in his petition and has requested to
remand the petition.
8. In view of the reasons given herein above, it
appears that National Insurance Company was wrongly deleted
by Permanent Lok Adalat. As per the resolution the date to be
reckoned for lodging claim on account of accidental death of
the claimant is the date of the accident and not the date of
death of the claimant. In view of this to meet the ends of
justice I deem it appropriate to set aside the order of the
Permanent Lok Adalat and to add National Insurance Company
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as respondent.
9. In the light of the above, following order is passed.
ORDER
(i) Order of Permanent Lok Adalat dated 18 th May,
2018 in Pre Litigation Application Dispute No.
591/2017 is set aside.
(ii) The matter is remanded to Permanent Lok Adalat
for fresh decision.
(iii) Permanent Lok Adalat shall allow the respondent to
implead National Insurance Company as the
respondent.
(iv) Permanent Lok Adalat shall endavour to dispose of
the petition expeditiously and preferably within a
period of six months from the date of receipt of writ
by this Court.
(v) Amount deposited by the petitioner be refunded to
the petitioner with interest if any.
10. Writ petition is disposed of. Rule is made absolute in
the above terms.
[M. G. SEWLIKAR, J.]
ssp
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