Smita Choudhury Vs the Branch Manager, Sbi, Kalahandi

Court to the Opposite Parties, to grant compensation as per the terms of policy of the Global ATM Card issued by the State Bank of India under Group Personal Accident Policy, on account of accidental death of the Petitioner’s husband.

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The brief fact of the case is that the Petitioner’s husband was working as Headmaster in Matigaon Panchayat High School at Junagarh in the district of Kalahandi. While he was serving at Junagarh, he had opened a bank account bearing A/c.

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2

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No.11430373043 in the State Bank of India at Junagarh Branch with facility Global ATM Card bearing No.5446700294489363. The Petitioner’s husband was insured under the State Government Salary Package Personal Accident Group Insurance Policy for Rs.20,00,000/- in case of his accidental death. The annual charges were deducted from the account of the husband of the Petitioner from time to time and the insurance premium was given by the Bank to the Insurance Company.

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Learned counsel for the Petitioner submits that the husband of the Petitioner met with an accident by an unknown vehicle and he sustained grievous injuries. Thereafter, he was shifted to Apollo Hospital, Bhubaneswar where the treating doctor declared him dead. He further submits that the Petitioner had intimated to the Opposite Parties regarding death of her husband by way of representation dated 11.03.2024. But the Opposite Parties slept over the matter without taking any step to settle the claim of the Petitioner.

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Learned counsel for the Opposite Party No.1/Bank submits that there is no Insurance Policy attached to the Global ATM Debit Card holder as mentioned by the Petitioner. However, the above saving account No.11430373043, being a State Government Salary Package (SGSP) Account was covered under the Group Personal Accident (GPA) Insurance Policy

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No.111700/48/2023/373. The Oriental Insurance Company Limited (OICL) was the Insurance Provider & M/s. Anand Rathi Insurance Brokers Ltd. (ARIBL), has also been engaged to service all salary/pension packages for expediting claim settlement process. PAI (Death) Cover will be available only in case of death resulting solely and directly from accident caused by external, violent and visible means.

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In such view of the matter, the Petitioner is directed to approach the concerned Insurance Company along with all necessary documents. In such event, the said Insurance Company shall dispose of the application of the Petitioner within a period of three months from the date of presentation of

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the certified copy of this order. If there is any delay in approaching the Insurance Company, the same shall be condoned taking a liberal view of the matter, as the matter was pending before this Court.

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Accordingly, this Writ Petition is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Murmu Reason: Authentication Location: High Court of Orissa Cuttack Date: 05-Jul-2024 18:55:00

Smita Choudhury v. the Branch Manager, Sbi, Kalahandi

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Smita Choudhury v. the Branch Manager, Sbi, Kalahandi

Case brief

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