Aradhana Yadav v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 32768 of 2023 Petitioner :- Aradhana Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bratendra Singh Counsel for Respondent :- C.S.C.,Anubhav Sinha,Ashish Kumar Srivastava,Satish Chaturvedi,Vipul Kumar Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondents and Shri Ashish Kumar Srivastava, learned counsel for State Bank of India and Shri Anubhav Srivastava, learned counsel for United India Insurance Company Ltd.

¶2Present writ petition is preferred with a prayer to command the State Bank of India-respondent no.3 to pay the amount of Rs.40,00,000/- to the petitioner, as per agreement dated 18.11.2019 and 30.09.2021 taken place between the Police Department and the respondent Bank, due to death of petitioner's husband (CP 365/052491072 Udayveer Singh) in a road accident.

¶3The entire claim has been set up on the basis of recommendation made by the Superintendent of Police, Mainpuri, wherein, request has been made to the State Bank of India for giving an ex-gratia payment of Rs.40 lakhs in the light of the policy. Learned counsel for the petitioner states that once the Competent Authority has already passed an order and made a request to the Insurance Company for disbursal of the said amount, the same cannot be altered to the tune of Rs.30 lakhs.

¶4Per contra, learned counsel for Insurance Company has placed the Insurance policy and placed reliance on Schedule (1), which deals with the 'Details of the coverage', wherein, Clause 2(i) provides for PAI (death) Cover. He submits that as per the policy the payment can only be made upto Rs.30 lakhs and admittedly the said amount has already been released.

¶5Considering the facts and circumstances of the case, we are not inclined to proceed further in the matter as admittedly as per Clause 2(i) of Schedule (1) the amount of Rs.30 lakhs is released in favour of petitioner.

¶6The writ petition is disposed of. Order Date :- 2.12.2023 A. Pandey High Court of Judicature at Allahabad