Hon'ble Narendra Kumar Johari,J.
(ORAL)
1. Gist of the issue raised by virtue of this petition is reflected in order dated 17.7.2019. The order is extracted herebelow for brevity shake:-
"1. Order dated 05.07.2019 notices that New India Assurance Co. Ltd./respondent no.6 has been served.
2. We find that the New India Assurance Co. Ltd. is not represented.
3. This petition relates to the year 2015. A poor widow has been running from pillar to post since the date of accident of her husband i.e. 20.09.2012 to claim insured amount. The husband of the petitioner died in an accident.
4. We have taken judicial notice of the fact that supplementary counter affidavit has been filed. Inquiry report dated 03.07.2019 has been placed on record as Annexure - SCA 1 with the said supplementary counter affidavit sworn on 08.07.2019.
Gist of the report is that documents for claim of insurance amount dated 15.10.2012 were received in the Office of U.P.S.R.T.C. on 17.10.2012. At that point in time, one Ram Sumer was posted and was enjoined with the duty of forwarding the documents. The said person did not forward the documents and superannuated on 30.06.2018.
The inquiry report concludes that in case claim for insurance raised vide Letter No.906 dated 15.10.2012 has been forwarded in time, the petitioner would have been paid the insurance amount due towards her.
5. We have also taken into account document dated 23.03.2015 appended as Annexure CA 1 with short counter affidavit dated 30.03.2016. The said document is a communication from Regional Manager, U.P.S.R.T.C., Allahabad to Senior Branch Manager, New India Assurance Co. Ltd., Lucknow specifying that the accident occurred on 20.09.2012. The insurance policy was valid w.e.f. 17.02.2012 till 16.02.2013. Shri Brijbhan Singh was serving in Lalganj Depot, Allahabad Region on contractual basis.
The document further notices that Shri Brijbhan Singh was on duty on 20.09.2012 on Bus Registration No. UP 70 CT 3923. While coming for duty, he died in an accident. His wife Smt. Sheela Singh/the petitioner claimed insurance vide letter dated 23.02.2015. Original application, photocopy of F.I.R., Post-Mortem Examination Report, Proof of Death Certificate, Copy of Pariwar Register, Proof of inheritance and Photocopy of bank account detail were appended.
6. Contention of learned counsel for the petitioner is that the petitioner cannot be held at fault. Husband of the petitioner was serving in U.P.S.R.T.C. Premium for insurance had been paid. Insurance policy was in vogue. As per the inquiry report, Annexure - SCA 1 dated 30.07.2019 (supra), the petitioner raised a claim vide Letter No.906 dated 15.10.2012 (supra), however the insurance money has not been released. It is a matter between U.P.S.R.T.C. and New India Assurance Co. Ltd. The petitioner cannot be unsuited on account of infirmities on their part.
7. Contention of learned counsel for the petitioner is that claim of the petitioner is being rejected solely on the ground that claim was received in the insurance company beyond a period of one month.
8. Before passing any order which might adversely affect the New India Assurance Co. Ltd., we would like to give another opportunity of hearing to the said company. Although notice has been served, none has appeared for New India Assurance Co. Ltd.
9. Constrained with the delay being caused by the New India Assurance Co. Ltd., we hereby direct that notice be issued to serve on the said company/respondent no.6, also through Station House Officer, Police Station Hazratganj, District Lucknow.
Learned State counsel to ensure compliance.
We further direct that General Manager/Senior Most Officer, posted in the Office of New India Assurance Co. Ltd., Claims Hub, 6th Floor, Jeevan Bhawan-II, Newal Kishore Road, Hazratganj, Lucknow 226001 to remain present before this Court on 24.07.2019.
10. If the needful is not done, the Court would be constrained on imposing costs in the sum of Rs.50,000/-, to be payable to the petitioner and to be borne by the New India Assurance Co. Ltd.
11. List on 24.07.2019.
12. Let a copy of this order be released under signatures of the Bench Secretary."
2. Shri Asit Srivastava Advocate has put in appearance for respondent Insurance Company and contends that insurance amount along with interest @ 7% per annum has been computed and paid to the petitioner.
3. Learned counsel for the petitioner admits that the insurance amount has been paid and therefore cause of action does not survive.
4. In view of the above, the petition is disposed of .
Order Date :- 31.7.2019 Madhu