Sini Gagrai vs Branch Manager
2021 Latest Caselaw 4910 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Civil Writ Jurisdiction)
                     W.P.(C) No. 484 of 2011
                          ........

Sini Gagrai                                ......... ..... Petitioner
                           Versus
Branch Manager, Golden Multi
Service Club Ltd. & Others                  .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
           (Through : Video Conferencing)
                                ............
For the Petitioner                : Mr. Samir Kumar Lal, Advocate.
For the Respondent No.3           : Mr. Amaresh Kumar, Advocate.
                                ........
04/17.12.2021.
      Heard, learned counsel for the parties.

The petitioner - Sini Gagrai claiming to be the wife of deceased late Man Singh Gagrai has preferred this writ petition for quashing the order dated 26.12.2009 passed by Permanent Lok Adalat, Jamshedpur in P.L.A. Case No.414/2008, whereby claim of the petitioner, who lost her husband late Man Singh Gagrai for recovery and realization of the insured amount of Rs.1,00,000/- along with interest @ 12% per annum besides compensation for mental pain and agony has been rejected.

Learned counsel for the petitioner has submitted that deceased, Man Singh Gagrai has insured himself with Golden Multi Services Club Ltd. under the group personal accident policy before the M/s National Insurance Company Ltd. vide Policy No.-100300/42/04/8200012 valid from 15.08.2004 to 14.08.2014 and the husband of the petitioner, Man Singh Gagrai died in a road accident on 5.12.2007 and the said accident occurred on 04.12.2007 near the Hathi Ghora Mandir, Jamshedpur. The petitioner, Sini Gagrai claimed to be wife of the deceased has prayed for compensation, which was refused by learned Permanent Lok Adalat on the ground that claimant has committed breach of the terms and conditions of the insurance policy by causing delay of six months in lodging the claim from the date of alleged death of insured, as such, the claimed application has been rejected.

Learned counsel for the petitioner has further submitted that after the death, an F.I.R. has been lodged and the post-mortem report on 16.06.2008.

Learned counsel for the petitioner has further submitted that the claim application has been filed before O.P. No.1, but the claim has been repudiated by the National Insurance Company Limited as the statutory period to inform is 30 days though, O.P. No.1 has been informed on 14.06.2008.

Learned counsel for the petitioner has further submitted that after death in a family and that too death of bread earner it was socking for entire family and as such, such delay ought not to have been considered by the Permanent Lok Adalat and in such beneficial legislation, such delay ought to have been condoned.

Learned counsel for the National Insurance Company Ltd., Mr. Amaresh Kumar has submitted that the writ petition was filed on 27.01.2011, though there is panel lawyer of National Insurance Company, but copy has not been served. It was only served pursuant to the order passed by Co-ordinate Bench of this Court on 09.06.2011 and counter affidavit has already been filed by the Insurance Company on 17.11.2011, but this case remains pending before this Court and the petitioner has never taken any pain either to mention before the Bench in Roster or for referring the matter before the Lok Adalat and now if the impugned order is set aside, the interest will be unnecessary burden upon the National Insurance Company Limited, which may be waived off as the National Insurance Company is dealing with public money and the petitioner is not the wife of deceased, Man Singh Gagrai as it appears that FIR has been lodged by some another lady Fulo Gagrai, as such, before disbursement of the amount actual legal heirs may be decided and amount may be paid to rightful claimant otherwise another lady will also claim such relief, for which National Insurance Company cannot be saddled unnecessarily.

Learned counsel for the Insurance Company has submitted that this is a contract between respondent Nos.1 & 2, as such, respondent- National Insurance Company Ltd. cannot be saddled with such liability for non- compliance of the terms and conditions of the company.

Considering the rival submissions of the parties, looking into facts and circumstances of the case, it appears that deceased, Man Singh Gagrai was properly insured before the National Insurance Company Ltd. through

respondent No.1, but the same has been repudiated on the ground that the application has not been filed within 30 days and it has been filed after lapse of six months, but such technical approach in a beneficial legislation cannot be allowed.

Accordingly, the impugned order is set-aside. The instant writ petition is hereby allowed.

The National Insurance Company is directed to pay the insured amount along with interest @ 7.5% per annum from the date of filing of the claim application till the date of reimbursement, in view of the judgment passed by the Apex Court in the Case of Dharampal and Sons Vs. U.P. State Road Transport Corporation reported in (2008) 12 SCC

208. So far the objection, which has been raised by the National Insurance Company that from 2011 i.e. 17.11.2011 when the counter affidavit has been filed by the Insurance Company, the matter remains pending before this Court, for which the Insurance Company cannot be saddled with interest, this Court refused such submission on the ground that it was incumbent upon the National Insurance Company Ltd. also to decide this issue before the Lok Adalat, as every times such intimations are given to all the parties, but since the writ petition is pending, as such, claimant is entitled for interest.

However, the amount shall be disbursed to the petitioner -Sini Gagrai or another lady namely Fulo Gagrai, who has filed the FIR claiming herself to be wife of late Man Singh Gagrai after proper verification and if requires after obtaining a certificate of the competent authority.

(Kailash Prasad Deo, J.) Jay/