Allahabad HC relief for farmers seeking insurance under govt scheme | Allahabad News

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PRAYAGRAJ: Providing a huge relief to the farmers and marginalised sections of the society, the Allahabad high court has held that the period of limitation of three months for filing a claim under the state government’s Mukhyamantri Kisan Avam Sarvhit Bima Yojana is “unreasonable and arbitrary”, and allowed claims to be entertained up to a period of three years from the date of death.
Allowing a writ petition filed by Gautam Yadav of Jaunpur district, a division bench comprising Justice Shashi Kant Gupta and Justice Pankaj Bhatia observed, “The court cannot ignore the social facts in the state of Uttar Pradesh, wherein the post death rituals extend for a reasonably long time and collection of documents required to be filed with claim (detailed in the scheme) take a long time and to expect the family of the bereaved that to file claim within three months is wholly arbitrary and has the potential of frustrating the entire purpose of the scheme which is to benefit the poor farmers.”
“We have no hesitation in holding that the limitation prescribed under the scheme is wholly unreasonable and arbitrary and is liable to be struck out. A ‘socio-beneficial’ scheme has to be interpreted in a manner so as to advance the purpose for which the scheme is formulated and not in a manner so as to defeat the entire purpose of the scheme,” the court further added.
While passing the said direction and observation, the court further directed that all the claims filed within a period of three years from the date of the death or within a period of three years from the date of rejection of claim, either partly or wholly by the insurance company, should be treated to be filed within limitation and should be processed on their merits.
The court directed the Registrar General of the high court to transmit a copy of this order to the chief secretary of the state and director, Institutional Finance of UP for its communication to all the district magistrates in the state. The district magistrates in turn are directed to entertain and process the claims filed under the scheme within limitation as prescribed by this court, treating them to be within limitation and the same should be processed on their merits.
The court directed and provided for the limitation of three years till the time the state government takes an appropriate decision and amends limitation clauses of the scheme to make them more reasonable, taking into account the socio- economic condition of the society as well the laws of India.
The court ,while interpreting the scheme, relied upon the provisions of Insurance Act and Limitation Act.
The Mukhyamantri Kisan Avam Sarvahit Bima Yojana was formulated with an intent of granting benefits to the poor farmers and marginalised sections of the society in the contingency of them suffering death or permanent disablement on account of the reasons so enumerated in the scheme. The scheme was formulated by the state as a welfare state and the insurance premium is paid by the state to the insurance company, which in turn issues the policies.
In the present case, the petitioner had challenged the order of district magistrate (DM), Jaunpur whereby the DM had rejected the claim of the petitioner under the said scheme on the ground that the claim is time-barred. Allowing the writ, the court directed the DM, Janupur to now process the claim of the petitioner in accordance with law on its merits, treating the same to be within limitation within three months. This judgment was given by the court on November 11.



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