SANTRO Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner has filed this petition seeking a writ in the nature of Mandamus directing the respondents to pay an amount of Rs. One lac as personal accident claim under Chaudhary Devi Lal Jan Suraksha Bima Yojna (Devi Rakshak Policy) (Annexure P -1).

(2.) THE case of the petitioner, as stated in the writ petition, in brief, is that a scheme known as Devi Rakshak Scheme (Chaudhary Devi Lal Jan Suraksha Beema Scheme) (hereinafter referred to as 'the scheme') was being run by respondent No. 1. As per this scheme one member of each family in the State of Haryana, who earned livelihood for the family and was between the age of 18 to 80 years, was insured. In the event of his death or permanent disability as a result of accident, specified in the scheme, entitled the dependents for payment of compensation by the insurance company.

(3.) RESPONDENTS No. 1 and 4 in their written statement averred that the State of Haryana made a payment of Rs. 6 crore to the New India Assurance Company (hereinafter referred to as 'the Assurance Company) in lump sum to insure all the families of the State of Haryana subject to certain conditions, who were covered under Group Insurance Scheme for one year i.e. from 27.10.2004 to 26.10.2005. It has further been averred that the petitioner was entitled for grant of compensation. Respondents No. 2 and 3 in their written statement averred that the policy was effective from of 27.10.2004 to. 26.10.2005. Zile Singh had died oh 11.9.2005, whereas intimation in this regard was sent to the Assurance Company for the first time on 4.3.2006 after expiry of the policy. The claim was repudiated vide letter dated 17.4.2006 (Annexure R2/2). After hearing learned Counsel for the parties, we are of opinion that the instant perdition deserves to be allowed.