Orissa High Court
Damayanti Swain vs State Of Odisha And Others on 19 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3482 of 2023
Damayanti Swain .... Petitioner
-Versus-
State of Odisha and others .... Opposite Parties
Advocates appeared in this case :
For Petitioner : Mr. Bijaya Kumar Nayak, Advocate
For Opposite Parties: Mr. P.K. Mohanty, ASC
Mr. S.S. Mohanty, Advocate
(for O.P. no.2)
CORAM: JUSTICE ARINDAM SINHA
JUDGMENT
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Date of hearing and Judgment : 19.07.2023
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1. Mr. Nayak, learned advocate appears on behalf of
petitioner and submits, his client is member of a Self Help
Group (SHG). Her husband stood enrolled under the Insurance
Policy Scheme. He died in vehicle accident. When she claimed
Rs.2 lakhs under the insurance scheme, opposite party no.2 by
impugned order dated 22nd November, 2022 rejected the claim.
2. Mr. P.K. Mohanty, learned advocate, Additional
Standing Counsel appears on behalf of State. Mr. S.S Mohanty,
learned advocate appears on behalf of opposite party no.2.
3. Mr. S.S. Mohanty submits, there should be no
interference with impugned order. Petitioner did not submit
relevant documents for two consecutive years. Consequently
premium on the policy was not paid and it lapsed. In that
period husband of petitioner died. In the circumstances, the
claim was duly rejected.
4. He submits further, there are many other discrepancies
including identity of the husband, whether Laxmidhar Swain or
Laxmidhar Behera. As such, it is a fraudulent claim. Mr.
Nayak replies, the police in recording the accident and his
client's husband as victim, made the mistake.
5. Reason given in impugned order is reproduced below.
"Examined the documents available on
record along with the relevant documents
which are called for from different competent
authorities. It is found from the records that,
the LIC ID 633777 which was given by Smt
Damayanti Swain claiming the said ID belongs
to her late husband but in fact the said LIC ID
relates to one Sri Bhagaban Jena having
member ID BLS/BLS/01663. It is also found
from the records that Late Laxmidhar Swain,
the husband of Smt Damayanti Swain was not
an enrolled member under PMJJBY Scheme
at a relevant point of time. Hence, the claim
made in the representation dated 27.01.2022 of
Smt Damayanti Swain as per Annexure-5 is
hereby rejected."
(emphasis Supplied)
Reason relevant for purpose of adjudication is contention in
impugned order that late Laxmidhar Swain, husband of
petitioner, was not enrolled member under PMJJBY scheme at
a relevant point of time. The reason implies that at other times,
the deceased husband was member. On query from Court Mr.
S.S. Mohanty submits, the Government is to pay the premium.
6. Court has ascertained that there was bifurcation of the
insurance policy scheme, leading to requirement of submission
of documents afresh. There is no way of knowing whether the
requirement was informed to petitioner, to fix her omission as
fatal to her claim. As aforesaid it appears as implied from the
reason given, for some time deceased husband of petitioner
was a member in the scheme. Attention of Court has also been
drawn to, inter alia, counter filed by opposite party no.2.
Contentions in it do not appear in impugned order.
7. The Supreme Court in Mohinder Singh Gill v. Chief
Election Commissioner, reported in AIR 1978 SC 851 has
declared the law that the order is to be looked at and not
beyond, for purposes of adjudication. Impugned order by itself
appears to be short on reasons. In the circumstances, it is set
aside and quashed. The claim is restored to opposite party no.2,
for it to be dealt with within four weeks from communication
of this order.
8. The writ petition is disposed of.
(Arindam Sinha)
Judge
Signature Not Verified
Jyoti/RKS
Digitally Signed
Signed by: JYOTIPRAVA BHOL
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 19-Jul-2023 18:39:53
