Dinesh Maheshwari, J. - (1.) By way of this writ petition, the petitioner has sought directions against the respondents for payment of an amount of Rs. 4 lakhs with interest to her under the Group Personal Accident Insurance Scheme [hereinafter referred to as 'the Scheme'] that was floated by the respondent Nos. 1 and 2 in the year 2000 for the benefit of registered traders in the State of Uttar Pradesh.
(2.) Put in a nutshell, the background aspects had been that the petitioner's husband was a registered trader in the State of Uttar Pradesh who met with his unfortunate end in an accident on 02.11.2003. The petitioner's claim for payment under the aforesaid Scheme for the reason of demise of her husband in the accident was declined by the respondents essentially on the ground that on the date of demise of her husband, insurance cover had not been taken and thus, according to the respondents, the Scheme was not in operation. The petitioner, however, claims that the Government of Uttar Pradesh floated the said Scheme in the year 2000 for the benefit of the registered traders; and for the purpose of meeting with the finances related with the Scheme, a nucleus fund was created by enhancement of various fees and charges. Thus, according to the petitioner, the respondents in the Government of Uttar Pradesh having recovered the necessary charges from the traders, cannot resile from its promise by merely not taking the insurance cover for a particular period.
(3.) The relevant factual aspects, more or less indisputable, are as follows: The petitioner's late husband was the Proprietor of S.K. Bhatta Company, Garh Muktheshwar, Ghaziabad, which was registered with the Assistant Commissioner, Trade Tax Khand - 1, Hapur under the U.P. Trade Tax Act, as then in force. The respondent No. 1 floated the Scheme in question, i.e., the Group Personal Accident Insurance Scheme for the benefit of all the traders registered with the Commissioner of Trade Tax, U.P. and his subordinate officers at district level. In this regard, the Principal Secretary to the Government in its Kar Evam Nibandhan Vibhag sent a communication dated 04.08.2000 to the respondent No. 2/Commissioner on the Government's decision to float and implement the said Scheme for the traders; and various modalities and mechanisms for this Scheme were stated with salient features that to start with, the Scheme would be for one year and would be implemented through New India Assurance Company Limited whereunder, every eligible person would be insured for an amount of Rs. 1 lakh at a premium of Rs. 21/ -. Significantly, therein, it was also stated that for the purpose of payment of premium, a nucleus of the fund ['beema nidhi'] was to be created from the amount received by enhancement of the cost of forms. The relevant parts of this communication dated 04.08.2000 could be usefully reproduced as under: - JUDGEMENT_66_LAWS(ALL)1_2016.htm JUDGEMENT_66_LAWS(ALL)1_20161.htm;