Jharkhand High Court
Prabhawati Devi vs National Insurance Co. Ltd. & Anr on 17 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W. P. (C) No. 4026 of 2009
Prabhawati Devi .... .. ... Petitioner(s)
Versus
National Insurance Co. Ltd. & Anr .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :- Video Conferencing}
.........
For the Petitioner(s) : Ms. Amrita Sinha, Advocate.
For the Resp.-Insurance Comp. : Mr. Manish Kumar, Advocate
..........
06 / 17.12.2021. Heard, learned counsel for the parties.
Ms. Amrita Sinha, learned counsel appearing for the petitioner has assailed the
impugned order dated 04.03.2009 (Annexure-9) passed by Chairman of Permanent
Lok Adalat, Jamshedpur in PLA Case No.369/08, whereby the claim of claimant,
Smt. Prabhawati Devi for payment of amount of Rs.50,000/- as Group Personal
Accident Insurance Policy bearing No.100300/42/04/8200012 Endorsement
No.100300/42/04/82/30087, issued by Golden Multi Services Club Ltd. with respect
to her husband [Late Rajesh Kumar Prasad] has been refused by the learned
Permanent Lok Adalat only on the ground, that the applicant has submitted the claim
form with required documents even to O.P. No.1 Club after expiry of 90 days. Thus,
repudiation of claim by O.P. No.2 seems to be convincing.
Ms. Amrita Sinha, learned counsel appearing for the petitioner has further
submitted that claim form was duly submitted on 22.08.2005, but the respondent
No.2 has submitted the same before the Respondent No.1- National Insurance
Company on 05.10.2005, as such, there is no delay on the part of the petitioner.
Ms. Amrita Sinha, learned counsel appearing for the petitioner has further
submitted that hyper technical approach has been taken in a benevolent legislation by
the Permanent Lok Adalat, Jamshedpur, as such delay ought to have been condoned
by the Permanent Lok Adalat considering the fact that after the death of the bread-
earner, the claimant(s) is disturbed for their livelihood and she cannot imagine to
function in a manner where a normal person can function and thus, the impugned
order may be set aside.
Mr. Manish Kumar, learned counsel appearing for the Respondent No.2
[National Insurance Company] has submitted that if the instant Writ Petition is
allowed, this Hon'ble Court may not grant interest to the claimant from the date of
filing of the Writ Petition i.e. 28.08.2009 till 10.12.2021 when the copy of the Writ
Petition has not been served to the Insurance Company though there is panel of
Lawyers on record before the High Court, if such claim application is allowed.
Considering rival submissions of the parties and looking into the facts and
circumstances of the case and considering it to be benevolent legislation, this Court is
inclined to condone such delay and set aside the impugned order directing the
Respondent No.2 [[National Insurance Company] to pay the amount of Rs.50,000/-
as Group Personal Accident Policy with interest from the date of filing of the claim
application till the date of dismissal of the claim application by the Permanent Lok
Adalat on 04.03.2009. Thereafter the interest shall only be granted after service of
copy upon the learned counsel for the National Insurance Company i.e. from
12.12.2021 till the payment of the Award. The interest @7.5% per annum be granted
in view of the judgment passed by the Apex Court in the case of Dharampal vs. U.P.
State Road Transport Corporation, reported in 2008(12) SCC 208.
Accordingly, the instant Writ Petition stands allowed.
The respondent No.2-[National Insurance Company] is directed to indemnify
the compensation amount along with interest within a reasonable period to the
claimant/ petitioner.
(Kailash Prasad Deo, J.)
Sandeep/
