Allowed

Smt. Sada Kanwar v. State of Raj and Ors.

Rajasthan HC8 Feb 2008CW/1052/2006

Case brief

AI extract

What is this about?

The Court granted the writ petition filed by the widow of a deceased government servant. The Court held that death due to electrocution falls under the Group Insurance Scheme and that death by own negligence is not an exception. The department was directed to pay benefits with interest.

What did the court decide?

Directed respondents to make payment of Group Insurance Scheme benefit with interest @ 9% per annum within six weeks.

Smt. Sada Kanwar Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2008)

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SBCWP NO.1052/2006.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R

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Smt.Sada Kanwar Vs.

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State of Rajasthan & Ors.

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S.B. CIVIL WRIT PETITION NO.1052/2006.

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Date of order : 8/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

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Shri Dileep Singh Jadoun for the petitioner. Shri Sanjay Srivastava, Deputy Government Counsel. ****** BY THE COURT:-

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Heard learned counsel for the parties.

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This writ petition has been filed against the order dated 2/7/2005 whereby the Deputy Director of the State Insurance Provident Fund declined to grant benefit of Group Insurance to the petitioner who is widow of the deceased Rajesh Singh, a government servant. It is not in dispute that Rajesh Singh died in an accident on 28/9/2003 by electrocution. A report to this effect was made to the office of Director State Insurance Provident Fund Department by the Superintendent of Police vide his letter dated 3/11/2003. Claim of the petitioner for grant of benefit of Group Insurance on accidental policy however was rejected by respondent No.2 on 2/7/2005.

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Shri Sanjay Srivastava, learned Deputy Government Counsel could not deny the aforesaid facts that death of husband of the petitioner occurred due to electrocution. In reply to the writ petition also no specific reason has been given as to why claim of the petitioner was rejected.

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Learned Deputy Government Counsel however submitted that husband of the petitioner died due to

SBCWP NO.1052/2006.

his own negligence.

Instructions/guidelines issued by the respondents especially clause (vi), specifically provides that accidental death due to electrocution would also be covered under the Group Insurance Scheme. In that view of the matter, action of the respondents in refusing to grant the benefit of Group Insurance Scheme to the widow of late Rajesh Singh, the government employee concerned, could not be justified. The post-mortem report, indoor ticket, discharge ticket and medical prescriptions were all submitted for perusal of the respondent-Department. Rules on the subject did not provide that on death, which is accidental in nature due to own negligence of the person concerned, this would be an exception to the rule for making payment of the insurance claim.

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Explanation given by the respondent in the facts of the case cannot be accepted and hence the writ petition deserves to be allowed.

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In the result, the writ petition is allowed. The respondents are directed to make payment of the Group Insurance Scheme with interest @ 9% per annum to the the petitioner, widow of late Rajesh Singh, government employee within a period of six weeks from the date copy of this order is produced before them.

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(MOHAMMAD RAFIQ), J.

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anil

Smt. Sada Kanwar v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Sada Kanwar v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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