PRAJITHAMOL P Vs. FISHERIES OFFICER

JUDGEMENT

(1.) Kunjumon, the husband of the petitioner herein, was a fisherman by profession. He was a member of the Kerala Fishermen's Welfare Fund Board, the 3rd respondent herein. On 29.11.2016, at about 10.15 am, while he was taking bath in the Muvattupuzha river he slipped and fell into the water and drowned himself to death.

(2.) Crime No.2379/2016 was registered under Section 174 of the Cr.P.C. Column No.16 of the inquest report which is prepared on 29.11.2016 by the police officer would show that Kunjumon had drowned himself to death on 29.11.2016 at about 10 am. After completion of investigation, Ext.P3 final report was submitted before the Sub Divisional Magistrate. In Ext.P3 final report, the conclusion arrived at by the police was that the death was due to drowning and this finding was arrived at on the basis of the investigation conducted by the police. Reliance was also placed on the conclusion arrived at by the forensic surgeon, who conducted the autopsy.

(3.) The Government of Kerala had approved the Group Personal Accident Scheme for fishermen and allied workers registered as members of the Kerala Fishermen's Welfare Fund Board. As per the terms of the policy, an insured person who suffers an accidental death is entitled to compensation of Rs.5 lakhs. The petitioner being the wife of Kunjumon submitted an application claiming benefits before the 3 rd respondent. However, the same was repudiated by the 4th respondent by Ext.P6 on the ground that as per the inquest report, the proximate cause of death was disease. In this Writ petition, the petitioner has challenged the denial of benefits to her and also sought for a direction to the respondents to sanction and disburse benefits under the Kerala Fishermens' Welfare Fund to the petitioner.