PATANI GEETABEN GANAPATBHAI Vs. DISTRICT AGRICULTURE OFFICER

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the communication dtd. 21/2/2015 by which the claim of insurance of the petitioner has been rejected.

(2.) The facts in brief indicate that the petitioner wife of the deceased Ganapatbhai Patani filed an application for claiming insurance as a result of her husband's death on 26/12/2014 while carrying out farming activities. The application was made by the petitioner under the Agriculturists Accident Insurance Scheme framed by the State Government as resolution of 9/5/2012. The application was rejected on the ground that since the petitioner's husband was the third child of the father, in other words, since he was not the first surviving child, the petitioner is not entitled to insurance.

(3.) Mr. Anvesh Vyas, learned counsel for the petitioner would submit that the requirement of the scheme that in order to be eligible for insurance one has to be the first surviving son or daughter is misconceived. The petitioner is entitled to the insurance claim.