LAWS(ALL)-2008-5-77

SHARDA DEVI Vs. STATE OF U P

Decided On May 09, 2008
SHARDA DEVI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has claimed amount of insurance along with interest.

(2.) WE have heard Sri. Kamar Kumar singh, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 2 and 3 and Sri. Nikhil Kumar for respondent No. 4.

(3.) THE petitioner's husband Darshan yadav was a small farmer and sole earning member of the family. His age was about 55 years. On 27-9-2004 at about 8. 30 P. M. , when he was irrigating his agricultural field was murdered. The F. I. R. Annexure-3 to the writ petition was lodged at the police station. According to G. O. No. 1751 /1 -9-2004-962 lc/2004 dated 20-8-2004, the General insurance Scheme was launched by the U. P. Government for small farmers, whose age was more than 12 years and not more than 70 years. The scheme was effected from 5 p. M. of 16-9-2004 to 4. 59 P. M. of 16-9-2004 (sic ). Some clarification was also given through G. O. No. 2032/1-9-2004-962 LC/ 2004 dated 5-10-2004. Copy is Annexure-4 to the writ petition. In view of said G. O. , petitioner, the wife of deceased Darshan yadav filed claim for insurance amount of rs. 1 lac only on 6-10-2004 before District magistrate, Mau through Lekhpal concerned. It appears that some delay was caused in processing her application from the office of District Magistrate, Mau and the application was forwarded to the Insurance company, the respondent No. 4 a bit late and on the same ground, the respondent no. 4 rejected the claim of petitioner hence this petition.