DISTRICT COLLECTOR TRICHY DISTRICT Vs. E KAMATCHI

JUDGEMENT

(1.) The Writ Appeal has been directed under Clause 15 of Letters Patent as against the order of the learned single Judge of this court, dated 29.01.2014 made in W.P(MD)No.13325 of 2013 on the file of this court.

(2.) It is manifested from the records that the respondent/writ petitioner had filed a writ petition under Article 226 of Constitution of India to issue a Writ of Mandamus directing the appellants to disburse the maximum ceiling amount for a sum of Rs. 1,00,000/- towards the accident death benefit and a sum of Rs. 2,000/- as funeral expenses for the death of the writ petitioner's daughter-in-law S.Natcharammal @ Natchiyar on 03.06.2007 under the Personal Accident Insurance Scheme covering the workers under the Tamil Nadu Construction Workers Welfare Scheme and further to direct the appellants to pay an interest at the rate of 18% for the belated payment from the date of death of the writ petitioner's daughter-in-law S.Natcharammal @ Natchiyar on 03.06.2007.

(3.) In the writ petition, it was contended by the writ petitioner that her daughter-in-law was doing vegetable vending business and her husband was assisting her. On 006.2007, while they were returning to their home after finishing their business activity, they met with an accident and both of them died on the same day. In this regard, a case in Crime No.300 of 2007 was registered by the Sub Inspector of Police, Samayapuram Police Station under Sections 279, 337 and 304(A) IPC. As per the Tamil Nadu Construction Workers' Welfare Scheme, the legal heirs of the deceased are entitled to get insurance coverage for a sum of Rs. 1,00,000/- for the death happened due to the accident and the funeral expenses for a sum of Rs. 2,000/-. Since, the writ petitioner is the only legal heir of the deceased, she sent several requisitions to the 2nd appellant in person to disburse the above insurance coverage. But the 2nd appellant disagreed with the same and intended to disburse only a sum of Rs. 15,000/- by treating the death as natural death. Hence, the writ petition.