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Relevant Facts W.P. (C) No. W.P. (C) No. W.P. (C) 11074 of 7552 of 2022 7516 of 2022 2023 Aisha Nuraisha Smt. Lutfa Bibi v.
Khatoon Khatoon v. ITGI & Ors.
v. ITGI & ITGI & Ors.
Ors.
PBBY Policy No. 1431648 30165210 30134291
Duration of Policy 27.11.2013 to 08.01.2015 30.12.2014 to
26.11.2015 to 29.12.2016
07.01.2017
Date of Accident 11.06.2015 29.01.2016 29.02.2016
Date of Claim 07.04.2018 12.12.2018 10.09.2018
Intimation
Delay in Claim 2 years 10 2 years 11 2 years 7 months
Intimation months months
Date of Claim 15.06.2018 28.03.2019 17.09.2018
Repudiation
Date of institution 06.05.2022 06.05.2022 16.08.2023
of Writ Petition
Delay in Petition 4 years 3 years 5 years
institution
Date of 22.06.2022 21.06.2022 -
condonation of
delay by Embassy
/ Union
Relevant Facts W.P. (C) No. W.P. (C) No. W.P. (C) No.
Sh. Smt. Smt. Hashnehar
Mohmmad Rashida Bibi @ Hosnehara
Husen Begum v. Bibi v. ITGI &
v. ITGI & ITGI & Ors. Ors.
Ors.
PBBY Policy No. 30107646 1496190 1427526
Duration of 20.12.2014 to 26.02.2014 22.11.2013 to
Policy 19.12.2016 to 21.11.2015
25.02.2016
Date of Accident 17.11.2016 08.07.2015 23.05.2015
Date of Claim 09.01.2019 11.07.2019 10.09.2018
Intimation
Delay in Claim 2 years and 2 4 years 3 years 4 months
Intimation months
Date of Claim 22.01.2019 31.07.2019 17.09.2018
Repudiation
Date of institution 2.11.2023 02.11.2023 02.11.203
of Writ Petition
Delay in Petition Almost 5 4 years 3 5 years 2 months
institution years (4 years months
and 10
months)
3.5 Unfortunately, on 11th June, 2015, the husband of the Petitioner, Mr. Shahid Alam passed away in a road accident in Shaqra, Kingdom of Saudi Arabia and intimation of his demise was received by the Petitioner. 3.6 On 15th June 2015, a medical report concerning the deceased was issued by the Ministry of Health, Kingdom of Saudi Arabia. This was followed by a communication from the Embassy of India, Riyadh, dated 14 th July 2015, issuing a No Objection Certificate for the transportation of the mortal remains of the Petitioner's husband to India. The death certificate of Mr. Shahid Alam was subsequently issued on 22 nd July 2015, by the Ministry of Health, Kingdom of Saudi Arabia.
3.12 When the matter was listed for the first time on 17th May 2022, the counsel appearing for Respondent No. 3, who had received advance notice, was directed to obtain instructions in light of the prayers sought. Thereafter, Respondent No. 3 sent an email communication to the Embassy of India, Riyadh, requesting them to issue the requisite certificate under the PBBY, 2017, establishing that the circumstances leading to the non-submission of claim documents were beyond the control of the insured. 3.13 In response, the Embassy of India, Riyadh issued the requisite certificate on the same day - 22nd June, 2022 to Respondent No. 1 - insurance company, to the following effect:
31. In fact, Respondent No. 3 in their counter affidavit have also highlighted that they were in communication with the Embassy of India, Riyadh regarding the required certificates, stating that the family of the emigrants are very poor and uneducated and did not possess the necessary documents required for their claim for the longest time. Therefore, Respondent No. 3 requested the Embassy to grant the requisite certificate expeditiously, which the Embassy complied with.