Smt. Rajeshwari v. State of U.P. and 4 Others

Court No. - 40 Case :- WRIT - C No. - 30548 of 2023 Petitioner :- Smt. Rajeshwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Pathak Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Sri Ramesh Chandra Pathak, learned counsel for the petitioner, Mrs. Uttara Bhauguna, the learned Additional Cheif Standing Counsel for the State respondents and perused the record.

¶2By means of present writ petition, the petitioner has sought following reliefs:- "(i) Issue a writ order or direction in the nature of certiorari for quashing impugned order dated 10.01.2020 passed by District Magistrate Basti, District-Basti (Respondent no.2) whereby the claim of the petitioner has been denied (Annexure No.08 to the writ petition).

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to ensure the payment to the petitioner under Mukhyamantri Kisan Evam Sarvahit Beema Yojna.

(iii) Issue any other suitable order or direction in which this Hon'ble court may deem fit and proper under the facts and circumstances of the case.

(iv) Award the cost of the petition in favour of the petitioner."

¶3Learned counsel for the petitioner submits that the son of the petitioner namely, Vishwajeet, aged about 22 years died on

15.11.2018 in a road accident. After the death of her son, the petitioner applied for compensation under the "Mukhyamanti Kisan Evam Sarvhit Beema Yojna" on 18.04.2019 alongwith all relevant documents i.e. Death Certificate Income Certificate etc. but in most arbitrary manner, the Deputy Manager, Oriental Insurance Company Ltd. (respondent no.5) vide order dated

15.07.2019 has rejected the petitioner's application on the ground that the claim was time barred as there is a delay of 153 days' in filing of the application for the compensation amount. It is submitted that the petitioner being mother of the insured person (deceased) is entitled to get a sum of Rs.5 lacs towards the insurance claim under the aforesaid Scheme. In support of his submission, he has placed reliance on the judgement of this Court in Writ C No.15983 of 2020 (Gautam Yadav vs. State of UP and 3 others), 2020(11) ADJ 321, wherein a Division Bench of this Court has considered the period of limitation for the purpose of filing claim and it was held that, "limitation provided under the said scheme is unreasonable and arbitrary and have substituted the said period by a period of three years". Relevant portion of the judgement is reproduced hereinafter:- "We have no hesitation in holding that the limitation prescribed under the Scheme is wholly unreasonable and arbitrary and is liable to be struck out as it is well settled that even while testing the validity of an administrative action, the same can be tested on the touch stone of the Article 14 of the Constitution of India. A ''socio-beneficial' Scheme has to be interpreted in a manner so as to advance the purpose for which the Scheme is formulated and not in a manner so as to defeat the entire purpose of the Scheme. Thus, we set aside the order dated Nil March, 2020 (Annexure-9), whereby the claim of the petitioner has been rejected on the ground of limitation on both grounds as raised and discussed in this Judgment. We further direct that in place of Limitation Prescribed under the Scheme, it should be read that the claims made within three years of the date of the death or within three years from the date of the rejection, either wholly or partly by the Insurance Company, to be a reasonable period for filing a claim under the 'Mukhyamantri Kisan Avam Sarvahit Bima Scheme' and the similar schemes which were in force prior thereto on behalf of beneficiaries of the Scheme. As innumerable cases are filed seeking compensation under the schemes across the State, we direct that all the claims filed within a period of three years from the date of the death or within a period of three years from the date of rejection of claim, either partly or wholly by the Insurance Company, should be treated to be filed within limitation and should be processed on their merits . As we have held that the limitation provided under the said Scheme is unreasonable and arbitrary and have substituted the said period by a period of three years, as recorded above, we direct the Registrar General of this Court to transmit a copy of this order to The Chief Secretary State of Uttar Pradesh and Director Institutional Finance,State of Uttar Pradesh ,for its communication to all the District Magistrates in the State and the District Magistrates in turn are directed to entertain and process the claims filed under the Scheme within limitation as prescribed above by this Court treating them to be within limitation and the same should be processed on their merits. We have directed and provided for the limitation of three years, till the time the State Government takes an appropriate decision and amends limitation clauses of the Scheme to make them more reasonable taking into account the socio economic condition of the society as well the laws of India. The writ petition is allowed in terms of the said order. The District Magistrate, Jaunpur shall now process the claim of the petitioner in accordance with law on its merits treating the same to be within limitation and the same shall be processed expeditiously preferably within a period of three months from the date of filing of the copy of this order."

¶4We have occasion to peruse the record in question and find that the son of the petitioner died on 15.11.2018 and the claim petition was filed on 18.04.2019, i.e., after a period of 153 days' and the same was rejected by the respondent no.5 on 15.07.2019 on the ground of delay. Clause-10 of the policy provides that the claim petition may be filed in the concerned Tehsil within a period of 45 days. In exceptional circumstances, the District Magistrate has powers to extend the period upto one month and no application shall be considered after a delay of 75 days. Policy itself provides condonation of delay upto one month even after the limitation came to an end and therefore, the delay is just more than one month. There is no clause in the Policy, which specifically bar the consideration of claim by Court concerned even beyond the period of 75 days.

¶5We have also occasion to peruse the judgment and order of this Court dated 22.9.2021 passed in Writ C No.19071 of 2020 (The Oriental Insurance Company Limited, Muzaffarnagar vs. Smt. Sanjesh and 2 others), wherein the Insurance Company had challenged the order dated January 4, 2020 passed by Permanent Lok Adalat, Muzaffarnagar, whereby the claim of Smt. Sanjesh, was allowed and Insurance Company was directed to pay Rs.5 lacs to Smt Sanjesh under the "Mukhyamanti Kisan Evam Sarvhit Bima Yojna" and the aforesaid writ petition was dismissed by this Court on 22.9.2021. The Oriental Insurance Company Limited had assailed the said judgement dated 22.09.2021 in Special Leave to Appeal (C) No(s).3978/2022 (the Oriental Insurance Company Limited vs. Sanjesh & another) 2022 LiveLaw (SC) 303 and Hon'ble Supreme Court had proceeded to dismiss the SLP on

11.03.2022 on the ground that the condition of lodging claim within a period of one month, extendable by another one month is contrary to Section 28 of the the Indian Contract Act, 1872 and thus void. Relevant part of the order is reproduced herein below:-"The sole arguments raised by learned counsel for the petitioner is that the claim was not filed within a period of one month or extending condonable period of one month. We do not find any merit in the said arguments in view of Section 28 of the Indian Contract Act, 1872 (for short, ?the Act?) which reads as under:-

¶28Agreements in restraint of legal proceedings, void.? [Every agreement,?

(a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or (b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to the extent.]? In view of the aforesaid Section, the condition of lodging claim within a period of one month, extendable by another one month is contrary to Section 28 of the Act and thus void. In view of the said fact, we do not find any ground to interfere with the order passed by the High Court. The special leave petition is, accordingly, dismissed."

¶6Considering the facts and circumstances, we set aside the order dated 15.07.2019. The matter is remitted back to the competent authority to consider the application of the petitioner in accordance with law and in the light of judgments in Gautam Yadav's case (supra) and Sanjesh's case (supra).

¶7The writ petition stands disposed of. Order Date :- 16.10.2023 Sachin High Court of Judicature at Allahabad