PANKAJ BHATIA,J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. The present petition has been filed challenging the order dated Nil of 2020 (Annexure-9 to the petition), whereby the District Magistrate, Jaunpur has rejected the claim of the petitioner under the Mukhyamantri Kisan Avam Sarvahit Bima on the ground that the claim is time barred.
(2.) The facts, in brief, are that on 3.7.2018 the father of the petitioner died in an accident and being a farmer having agricultural holdings was entitled to the grant of compensation under the Mukhyamantri Kisan Avam Sarvahit Bima. The petitioner claims to have applied for grant of compensation on 20th October, 2018 before the Tehsil authorities, which was forwarded to the respondent no. 3, the Insurance Company, for the claim to be processed. No decision was being taken for processing the claim, as such, after representing the matter, the petitioner approached this Court by filing a writ petition being Writ-C No. 558 of 2020 (Gautam Yadav vs. State of U.P. and 3 Others), which was disposed off vide order dated 14.1.2020, directing the District Magistrate, Jaunpur to hear the grievances and take an appropriate decision after summoning the records within a period of two months. It is stated that the petitioner appeared and apprised about his eligibility for the claim, however, the same was rejected vide order dated Nil, March, 2020 (Annexure-9) solely on the ground that the petitioner did not prefer the claim within the limitation prescribed in the Scheme.
(3.) A perusal of the order passed and impugned in the present writ petition shows that the learned counsel for the petitioner had argued that the father of the petitioner died on 03.07.2018, however, as the death certificate was not granted to the petitioner, the claim was filed as soon as the death certificate was granted on 20th October, 2018, thus, there was no delay in filing the claim. The Insurance Company, on the other hand, contended that the insurance claim has been filed after one month of the accident and, in terms of the Scheme, the District Magistrate, Jaunpur is empowered only to extend the limitation by a period of one month and as Insurance Company had received a claim on 16.1.2019, as such, the petitioner's claim was barred by limitation and accordingly was not processed.;