Court No. - 29
Case :- WRIT - C No. - 28151 of 2018 Petitioner :- Shiv Narayan Respondent :- The District Magistrate And 2 Others Counsel for Petitioner :- Shivendra Nath Singh,Kamta Prasad Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1& 2.
The petitioner claims that his wife who was a farmer having agricultural land in her name died due to an accident in a flour mill. He is, therefore, entitled to the benefit under the Mukhyamantri Kisan Evam Sarvahit Bima Yojana. The petitioner has submitted an application claiming the said benefit annexing all necessary documents to the District Administration and the same was duly forwarded by the Tehsildar to the Oriental Insurance Company Limited for release of necessary compensation in the name of the District Magistrate who is supposed to pay the compensation to the petitioner.
The respondent no.3 Oriental Insurance Company has denied to release/send the payment to the District Magistrate vide order dated 29.06.2018 on the ground that there is no evidence to establish that the deceased was the head of the family or the main bread earner.
The submission of the learned counsel for the petitioner is that the aforesaid cannot be a ground in rejecting the claim of the petitioner. The scheme provides that if the committee under the chairmanship of the District Magistrate finds that the Insurance Company has rejected the claim on unjustified reasons, may impose a penalty of Rs.5 lacs upon it. In other words, the committee headed by the District Magistrate is the authority to oversee if the ground of rejection of the claim by the Insurance Company is justified in law or not.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with liberty to the petitioner to submit a representation in this regard to the District Magistrate respondent no.1 within a period of two weeks from today and in case any such representation is filed, the District Magistrate shall consider it and take appropriate in accordance with the terms and conditions of the aforesaid Mukhyamantri Kisan Evam Sarvahit Bima Yojana most expeditiously, if possible, within a period of three months.
Order Date :- 21.8.2018/S.Sharma