LAWS(HPH)-2016-3-160

KALI DASS Vs. MINKI DEVI

Decided On March 23, 2016
KALI DASS Appellant
V/S
Minki Devi Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent Central Coalfields Limited (hereinafter referred to as the 'C.C.L.'), as also learned counsel for the respondent Oriental Insurance Company.

(2.) The petitioner is the son of the deceased employee of C.C.L., who met with a fatal accident on 8.8.2001. The deceased father of the petitioner was covered by the MOU between the respondent C.C.L. and the respondent Insurance Company, whereby, in case of accidental death of an employee, an amount of compensation of rupees five lakhs was payable. After the death of the father of the petitioner, the claim was submitted to the respondent Oriental Insurance Company by the C.C.L. The said claim was returned back by the respondent Oriental Insurance Company, stating that the claim had been reported after 15.8.2003. Subsequently, the brother of the petitioner was also informed by the C.C.L., that the Oriental Insurance Company had returned the claim as regards the death of his father due to the late submission of the claim.

(3.) The petitioner, along with his brother again made an application for settlement of the claim, stating that necessary deductions against the group insurance from the salary of the deceased father of the petitioner had been made and the premia were also paid to the Insurance Company by the C.C.L., but the claim of the petitioner remained unsettled by the Insurance Company.