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Judgment
This writ petition has been filed by the petitioner/applicant (hereinafter referred to as "the applicant") against the award dated 27.08.2019 passed by the Permanent Lok Adalat, District Bundi whereby the application filed by the applicant under Section 22(B) of the Rajasthan State Legal Services Authority act, 1987 (hereinafter referred to as "the Act of 1987") has been dismissed.
Facts of the case are that the applicant filed an application before the Permanent Lok Adalat, Bundi stating that her husband Abdul Mujeeb was the permanent share holder of the respondent bank. Shareholders are entitled to get the partnership and rights in the Bank to the extent of their shares. All the shareholders including the applicant's husband were given the accidental insurance claim of Rs.3,00,000/- effecting form 01.04.2017 to 31.03.2018. On 17.06.2017 applicant's husband sustained injuries in an accident and expired on 18.06.2017 in government hospital, Bhawani Mandi. She filed the claim application before the non-applicants No.1 & 2 but they did not make the payment of Rs.3,00,000/- towards accidental insurance claim and Rs.20,000/- each towards mental and economic loss. She prayed that direction be issued to respondents to make payment of a sum of Rs.3,00,000/- towards accidental insurance claim and rupees 20,000/- each towards mental and economic loss.
The non-applicants filed their reply.
Vide Order Dated 7/8/2019 the Permanent Lok Adalat dismissed the applicant's application under Section 22(B) of the Act of 1987. Hence, this writ petition:
Learned counsel for the applicant submits that applicant's husband Late Abdul Mujeeb was the permanent share holder of the bank. He further submits that the applicant's husband and other sharer holders had got the accidental insurance effective from 01.04.2017 to 31.03.2018. The applicant's husband expired on 18/06/2017, therefore, the applicant was entitled to get the accidental insurance claim of a sum of Rs.3,00,000/- due to the death of her husband along with Rs.20,000/- each for mental and economic loss.
Heard. Considered.
The Permanent Lok Adalat while dismissing the application observed that the report was lodged after about five months from the date of incident, whereas the deceased remained admitted in the hospital for one day. In this view of the matter, if the alleged accident had taken place, a reference thereof must have been made in the medical documents or his family members could have been lodged the report immediately thereafter but neither such proceeding or document was produced before the Permanent Lok Adalat nor sufficient cause was shown for lodging the FIR after five months. In addition to above, it was also observed by the Permanent Lok Adalat that the death of the deceased appears to be natural one. Thus, on the basis of purported insurance policy, the applicant was not entitled to get the accidental insurance claim amount from the non-claimant.
Learned counsel for the applicant has failed to convince this Court to take a view different from the view taken by the Permanent Lok Adalat. Thus, I am in agreement with the findings of the permanent Lok Adalat.
The writ petition has been filed under Article 227 of the Constitution of India and there is limited jurisdiction of this Court to exercise the supervisory jurisdiction of this court. I find no force in this writ petition.
Consequently, the writ petition fails and is accordingly dismissed. Consequent upon the disposal of the writ petition, the stay application does not survive and the same is also dismissed.