ORIENTAL INSURANCE CO. LIMITED Vs. KUNTESH

JUDGEMENT

(1.) The present and the connected matters involve a common question of law. The facts are not in dispute. Accordingly, these petitions have been heard together. Upon hearing, other petitions have been de-tagged owing to other issues found involved in those cases, requiring affidavits. However, all counsel (for the respective parties), were heard, on the following common question of law.

(2.) Heard Sri Parv Agarwal, Sri Pawan Kumar Singh, Sri Komal Mehrotra and Sri Ajay Singh, learned counsel for the petitioner - insurance company (appearing in different petitions); Sri Satya Deo Ojha and Sri Vidya Kant Shukla, learned counsel for the respondent-claimant (appearing in different petitions), on the common question of law, noted above.

(3.) Present writ petition has been filed by the insurance company against the order dtd. 24/8/2021, passed by the Permanent Lok Adalat, Muzaffarnagar, in Claim Petition - Case No. 191 of 2020 (Smt. Kuntesh Vs. Oriental Insurance Co. Ltd. and Ors.). Earlier, the petitioner-insurer had repudiated the claim made by the respondent-claimant. Presently, the claim petition instituted with respect to the tailor-made Group Personal Accident Insurance Policy (hereinafter referred to as the Insurance Policy) has been allowed. The Insurance Policy was taken out by the State of U.P., with the petitioner-insurer, pursuant to a Memorandum of Understanding (M.O.U. in short) dtd. 14/9/2016 (as amended), entered into between the State Government and the petitioner insurer (hereinafter referred to as the Agreement), to implement the State Government's welfare policy measure - the 'Mukhyamantri Kisan Evam Sarvhit Bima Yojna' (hereinafter referred to as the Government Policy). Earlier, it was known as the 'Samajvadi Kisan Evam Sarvhit Bima Yojna', for the term 14/9/2018 to 13/9/2019.