Court No. - 38
Case :- WRIT - C No. - 18680 of 2019 Petitioner :- Kashmiri @ Kashi Respondent :- District Magistrate Mathura And Another Counsel for Petitioner :- Rajesh Dutta Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
Petitioner is the widow of the deceased and has put forward a claim upon the death of her husband, but the Insurance Company rejected her claim on the ground that postmortem has not been done, therefore, the cause of death is not known.
Petitioner's husband was insured under "Mukhyamantri Kisan Sarvahit Beema Yojana Uttar Pradesh".
Learned counsel for the petitioner has drawn our attention to a Panchnama made under Section 174 Cr.P.C. wherein it has been mentioned that the cause of death is due to fall and no postmortem is required.
It is not expected that a poor farmer like the petitioner's husband, petitioner could have taken the body for postmortem even after report of the police. It is further submitted that an appeal has been filed before the respondent no.1 i.e. appellate authority and the same is pending.
The writ petition is disposed of with the observation that the District Magistrate, Mathura may consider and decide the appeal as far as possible within a period of three months from the date of production of certified copy of the order is produced before him. At the time of decision of the appeal, District Magistrate, Mathura will also consider the Panchnama made by the police with regard to the cause of the death of the petitioner's husband.
Order Date :- 29.5.2019 SB (Saurabh Shyam Shamshery,J.) (Abhinava Upadhya,J.)