AJMERO Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 19.05.2011 (Annexure P-1), whereby the claim of the petitioner for compensation under the Rajiv Gandhi Parivar Beema Yojna has been declined. Husband of the petitioner namely Narang Singh, died in a motor vehicular accident on 02.09.2009. In this regard, FIR No. 45 dated 02.09.2009 under Section 279, 337, 338 and 304 IPC, Police Station Naggal, District Ambala (Annexure P-2) was registered against the driver of the offending vehicle. As per the postmortem report dated 03.09.2009 (Annexure P-3), the remarks given by the Medical Officer are as under:-

(2.) Death certificate of husband of the petitioner is attached as Annexure P-4). The petitioner made an application for grant of benefit under the above stated scheme, which was recommended by the Sub Divisional Officer (C), Ambala-respondent No. 4 to the District Social Welfare Officer, Ambala-respondent No. 3 vide letter dated 18.05.2010 (Annexure P-6).

(3.) On notice, reply has been filed on behalf of respondent Nos. 1 to 4, stating therein that as per Clause 5(H) of the notification under Rajiv Gandhi Parivar Bima Yojna (Annexure R-1), the application for compensation was to be made within a period of six months from the date of death of the deceased. The petitioner had made an application on 19.04.2010 after the expiry of six months from the date of death i.e. 02.09.2009. The claim was rejected by the Deputy Commissioner, Ambala vide letter (Annexure R-2) on the ground that it was beyond the period of six months.