RACHANA SONI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard.

(2.) The claim of petitioner under the Mukhyamantri Kishan Evam Sarvhit Beema Yojna has been declined by the District Level Committee on the ground of delay. As per the Committee the claim should have been raised within a period of one month from the date of death which could be further extended for another one month, meaning thereby, within a maximum period of two months, instead the claim was raised on 16/11/2018 though the death took place on 14/5/2018, thus, it was raised beyond the aforesaid period of two months.

(3.) However, learned counsel for the petitioner relies upon a judgment of Hon'ble the Supreme Court rendered on 11/3/2022 in SLP (C) No. 3978 of 2022 (The Oriental Insurance company Limited vs. Sanjesh & Anr.) to contend that such a condition in the scheme is hit by Sec. 28 of the Indian Contract Act, 1872 as has been held by Hon'ble the Supreme Court in the said case. The said judgement has been rendered in respect of the same scheme albeit involving another Insurance Company i.e. The Oriental Insurance Company Limited, as, it is the law of land, therefore, in view of this judgment, the decision of the District Level Committee cannot be sustained.