- (1.) Heard Sri Vivek Shandilya, learned Additional Chief Standing Counsel for the petitioner and Sri Virendra Pratap Singh for the second respondent.
(2.) The State of U.P., which is petitioner herein, has challenged the award dated 16.9.2014 passed by Permanent Lok Adalat, Azamgarh in case no. 860 of 2013 awarding a sum of Rs.5 lacs to the second respondent on account of death of her husband, extending the benefit of Krishak Durghatna Bima Yojna, to the dependant. The State Government launched an insurance policy for covering the agriculturists who die or get disabled, by means of a Government Order dated 22/10/2012. The husband of the second respondent, namely, Indrasen Gaur died on 27/2/2013. The second respondent filed a petition before the Permanent Lok Adalat, Azamgarh praying for payment of insurance amount of Rs.5 lacs under the government order dated 22/10/2012 alleging that her husband was an agriculturist and was covered by the government order dated 22/10/2012 and despite such claim being made before the district authorities, the same has not been granted. The Permanent Lok Adalat, by impugned award, allowed the petition and directed the State Government to pay a sum of Rs.5 lacs to the second respondent alongwith interest @ 9% per annum as per the government order dated 22/10/2012. A perusal of the award reveals that two members of the Permanent Lok Adalat have ruled in favour of the second respondent whereas, the Chairman had purportedly rejected the claim. Under section 22E(3) of the Legal Services Authorities Act, 1987, award made by the Permanent Lok Adalat shall be by a majority of the persons constituting the Permanent Lok Adalat. Thus, it is not in dispute between the parties that the award of the Permanent Lok Adalat is for payment of Rs. 5 lacs to the second respondent alongwith interest.
(3.) The only submission made by learned Additional Chief Standing Counsel, is that the husband of the second respondent was not recorded in the revenue records and thus, he was not covered by the scheme. In support of his contention, he has placed reliance on the definition of 'agriculturist' given in para 2 of the Government Order dated 22/10/2012, which provides that 'agriculturist' means a person whose name is recorded as a tenure holder/co-tenure holder in the revenue records i.e., khatauni and who is between the age of 12 and 70 years. It is submitted that the name of husband of the second respondent was not entered in the revenue record on the date he died and therefore, he was not covered by the scheme. The impugned award is illegal and is liable to be set aside.;