CHIEF ELECTORAL OFFICER Vs. JAGMATO DEVI

JUDGEMENT

(1.) THIS group of two Letters Patent Appeals under Clause 10 of the Letters Patent of the Patna High Court arise out of an order and judgment of the learned Single Judge dated 3.1.2006 in C.W.J. 1/1/2013 Page 82 Suman Kumar Verma Versus Union Of India C. No. 7018 of 2003.

(2.) WE have heard the learned Counsels for the parties. We have examined the factual profile, as well as, testimonial collections. We have also taken into consideration, the relevant proposition of Law of Insurance arising out of the factual matrix.

(3.) LEARNED Counsels appearing for the appellant Insurance Company have raised the following two contentions: (i) that though there was an insurance policy in force oh the unfateful day for the purpose of election work security, the death has not occurred during the course of election work or duty. Thus, the Insurance Company appellant has repudiated the claim of the original writ petitioner -respondent widow of late Nand Kishore Prasad Yadav; (ii) that the Surveyor of the Insurance Company could not locate the Medical Officer who had examined the deceased. This is the second ground to deny the accountability of payment of compensation arising out of the Insurance policy for the election work.