Regional Manager United India Insuarnce Co. Ltd. Lko v. Lakharhin and 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 141 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Maneesh Pandey, learned counsel for the United India Insurance Company Ltd., who has pressed the present review application seeking review of judgment and order of this Court dated 25.06.2025, passed in Writ-C No. 6037 of 2025.

¶2Present review application has been filed with some delay, hence same has been filed alongwith with delay condonation application.

¶3Perused the delay condonation application. The cause shown for delay in filing the present review application is deemed to be sufficient. Accordingly, delay condonation application is allowed. Accordingly, delay in filing the review application is hereby condoned.

¶4Dispute in the present case pertains to grant of compensation under the Mukhyamantri Sarvhit Kisan Bima Yozna, on the death of one Hardev. The petitioner in the writ petition claims herself to be the mother of the deceased, who alleges that despite fulfillment of all the conditions as prescribed under the said scheme, the United India Insurance Company Ltd. has not paid compensation and accordingly has prayed for grant of the same.

¶5Considering the contentions of the petitioner as well as Sri Manish Pandey, learned counsel appearing for the Insurance Company, this Court Versus Counsel for Applicant(s) : Maneesh Pandey Counsel for Opposite Party(s) :

Regional Manager United India Insuarnce Co. Ltd. Lko. .....Applicant(s) Lakharhin And 2 Others .....Opposite Party(s) had disposed of the writ petition giving benefit to the petitioner to which she was entitled and also granting her the benefit of parity with other similar writ petitions decided by this Court for the same issue.

¶6In the present review application it has been stated that infact present dispute already stood concluded by the judgment of this Court dated

15.04.2025, passed in Writ Petition Matters Under Article 227 No. 16545 of 2021 where claim of the petitioner was allowed by the Permanent Lok Adalat and the award of Rs.5,00,000/- alongwith interest at the rate of 6% was granted in favour of husband of the petitioner namely Ram Sajivan. This Court did not interfere with the order of Permanent Lok Adalat and dismissed the writ petition by means of judgment and order dated

15.04.2025.

¶7It has been submitted by learned counsel for the applicant that the said order has become final and also that he does not dispute the merit of the case inasmuch as compensation has to be granted to the dependents of the deceased Ram Sajivan, but, submits that there is slight difference in the order of Permanent Lok Adalat and the benefit given to the petitioner by judgment and order dated 25.06.2025.

¶8At this stage, learned counsel for the petitioner Sri Vivek Chandra, Advocate submits that the husband of the petitioner is now deceased, and the present petitioner was not aware of the order passed by this Court on

15.04.2025, which led the petitioner to file Writ Petition C No. 6037 of 2025.

¶9It has been fairly submitted that it is due to ignorance of the previous directions that present writ petition was preferred by the petitioner, leading to passing of order dated 25.06.2025.

¶10In the aforesaid circumstances, this Court is of the considered view tht once dispute has been resolved and benefit of Mukhyamantri Sarvhit Kisan Bima Yozna having been extended to the dependents of deceased Ram Sajivan, then no further lis remains to be resolved by this Court in Writ Petition No. 6037 of 2025.

¶11Accordingly, this Court finds that in absence of proper pleadings and CMRAD No. 141 of 2025 in absence of knowledge about previous order dated 15.04.2025, order dated 25.06.2025 was passed by this Court, which is clearly error apparent on the face of record. In any view of the matter a second writ petition for same cause of action is not maintainable.

¶12In the light of above, present review application is allowed.

¶13Accordingly, in the light of aforesaid discussion specially considering the fact that the dispute already stands resolved by passing of order dated

15.04.2025, in writ petition Matters under Article 227 No. 16545 of 2021, no direction can be issued by this Court.

¶14The United Insurance Company Ltd. is directed to comply with the directions of this Court passed by means of order dated 15.04.2025, within four weeks from today. Subject to aforesaid directions Writ-C No. 6037 of 2025, stands dismissed. December 4, 2025 A. Verma CMRAD No. 141 of 2025 (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) High Court of Judicature at Allahabad, Lucknow Bench