KAMLAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHETHER the death of the husband of the petitioner, while he was on election duty, can be said to be "resulting solely and directly from accident caused by external violent and any other visible means"? If the answer to this question is found in the affirmative, the petitioner would be entitled to compensation for the death of her husband in terms of the memorandum of understanding executed by the Chief Electoral Officer, Bihar and the different insurance companies; otherwise, she would get nothing from the insurance companies.

(2.) THE petitioner is the widowed wife of one Parshuram Singh who was posted as Health Worker under In-charge Medical Officer, Primary Health Centre, Kuchai Kote in the district of Gopalganj. By an order (Annexure-3) issued by the District Election Officer, Gopalganj, Parshuram Singh was appointed as the second polling officer for booth No. 231 of 26 Baikunthpur Assembly Constituency for the general election held in the year, 2000 for the Bihar Legislative Assembly. Booth No. 231 was set up at the primary school in village Pakha and polling was scheduled to be held there on 22.2.2000. THE members of the election party, including Parshuram Singh, arrived at the booth at about 4.30 p.m. on 21.2.2000 and engaged themselves in the election work. Upto this stage the facts are not in dispute but beyond this point the contesting insurance company does not expressly admit the case of the petitioner.

(3.) AFTER the death of Parshuram Singh, his widowed wife, the present petitioner made a claim for compensation under the Group Personal Insurance Cover in terms of the M.O.U. Her claim was forwarded to the Election Commission which in turn sent it to the insurance company. The insurance company rejected the claim and intimation was given to the petitioner by letter, dated 23.1.2001 issued by the National Insurance Company (Annexure-1). It will be useful to reproduce here the relevant portion of this letter which is as follows: