LATA SAINI W/O LATE JAGAT RAM SAINI AND ORS Vs. SECRETARY EDUCATION, GOVERNMENT OF HIMACHAL PRADESH AND ORS

JUDGEMENT

(1.) THIS appeal is directed against the order passed by District Forum, Shimla on 14.09.2009. By means of this order complaint filed by the appellants has been dismissed.

(2.) ADMITTED facts giving rise to this appeal are that late Shri Jagat Ram Saini was working in Government Middle School, Mool Koti (Mashobra), Tehsil and District Shimla as drawing teacher. While in service he died on 10.07.2006. Government of Himachal Pradesh with a view to provide insurance cover under Group Personal Accident Insurance Scheme had covered the risk of all of its employees with effect from 01.01.2005 to 31.12.2005 by obtaining insurance cover from respondent No. 4. It is admitted between the parties that this scheme was ordered to be renewed from 1st March, 2006 and became effective from 05.04.2006. Again on this factual aspect, there was no controversy between the parties.

(3.) NOW the dispute starts. Shri Jagat Ram Saini died on 10.07.2006. As already noted hereinabove, Group Personal Accident Insurance Scheme was in force having become effective on or before 5th April, 2006. Under these circumstances, respondent No. 1 had issued instructions for getting the entire staff insured and to deduct premium from salary of such staff. However it appears that notification dated 01.03.2006 was circulated on 12.07.2006, when the predecessor -in -interest of the appellants was already dead.