(Oral)
1. Heard learned counsel for the petitioner and Sri Suresh Panjwani for the respondent no.2.
2. The petitioner prays for a mandamus to be issued to the District Magistrate, Lakhimpur Kheri to take appropriate action against respondent no.2-Oriental Insurance Company Ltd. for not making payment of the petitioner's claim under Kisan Evam Sarvhit Bima Yojna.
3. Sri Suresh Panjwani has pointed out the communication dated 28.12.2018 filed as Annexure-1 to the writ petition, which is with respect to the claim setup by the petitioner Smt. Rajrani, wife of Sri Ram Bharose under Kisan Evam Sarvhit Bima Yojna for untimely death of her son. It has been submitted that the claim has been rejected on the ground that the deceased was not a farmer. Moreover, he died as a bachelor and issue-less and his father was alive, who is the head of the family and bread-earner of the family, therefore, no claim can be entertained.
4. Learned counsel for the petitioner has placed reliance upon similar order passed by this Court in 12422 (MS) of 2019: Smt. Sabiri vs. State of U.P. and others, decided on 2.5.2019, wherein, in a similar case, the application was rejected by the Insurance Company and the petitioner therein had applied to the District Magistrate, saying that her application has been wrongly rejected. This Court had disposed of the writ petition on the ground that the scheme had floated by a Government Order dated 22.10.2014, wherein, in Paragraph-5, it was provided that where the insurance claim is disputed by the Company, then the District Magistrate has power to finally decide the issue.
5. It has been submitted by the learned counsel for the petitioner that after the rejection of the claim as communicated by the letter dated 28.12.2018, the petitioner had filed her application on 20.6.2019 before the District Magistrate, Lakhimpur Kheri, which is pending disposal.
6. Since in the Government Order dated 22.10.2014 in Paragraph-5, the remedy has been provided where a claim has been rejected in the matter to be referred to the District Magistrate, who would be the official Arbiter of the facts, this writ petition is disposed of with a direction to the District Magistrate, Lakhimpur Kheri to consider and decide the application of the petitioner moved on 20.6.2019 strictly in accordance with law, after giving opportunity of hearing to the Insurance Company as well.
Order Date :- 29.8.2019 Sachin