LAWS(MAD)-2011-12-178

VALLI Vs. DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY

Decided On December 21, 2011
VALLI Appellant
V/S
DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY Respondents

JUDGEMENT

(1.) THE petitioner is a young widow. Her husband was a construction worker.

(2.) IN exercise of powers conferred under Section 6 of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Tamil Nadu Act 33 of 1982), the Government of Tamil Nadu constituted a Board namely "Tamil Nadu Construction Workers Welfare Board" on 30.11.1994 to execute the Scheme and to maintain and administer the Manual Workers General Welfare Fund of Tamil Nadu Construction Workers Welfare Board and to provide welfare measures for the construction workers engaged in the construction industry. The following welfare measures are provided in the scheme for the workers, who have registered in the second respondent Board and the husband of the petitioner registered his name with the second respondent Board. i) Creches ii) Personal Accident Relief iii) Provident Fund and Employee' INsurance Scheme. iv) Pension Scheme v) Assistance for the Funeral Expenses on the death of a Registered Manual Worker. vi) Assistance for the Education of the son or daughter of Registered Manual Worker. vii) Assistance for Marriage of self and the son/Daughter of a Registered Manual Worker. viii) Assistance for the Delivery of a Child or for the Miscarriage of pregnancy or for the Termination of pregnancy, by a Registered Women Manual Worker. ix) Assistance for the natural Death of a Registered Manual worker. x) Spectacles.

(3.) BUT, the second respondent issued a letter dated 28.07.2004 sanctioning a sum of Rs.12,000/- by treating the death of the petitioner's husband as natural death, instead of accidental death. The petitioner refused to receive the said sum of Rs.12,000/- and she made a representation to the second respondent seeking to get her insurance amount of Rs.1,00,000/- from the first respondent, for the accidental death of her husband.