MAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONER is the widow of Late Umakant Thakur. He was working as a Branch Manager in Central Cooperative Bank, Areraj and was deputed for election duty in the year 2000 at Booth No. 243 within Tetaria Block. It is the case of the petitioner that her husband died during the course of election and, therefore, in terms of a policy which the Election Commission of India had taken from the respondent National Insurance Company Limited. She was entitled to claim of Rs. ten lacs as envisaged under the policy. It is her case that the claim raised against the respondents was endorsed and forwarded by the concerned district authorities but the same was not honoured by the Insurance Company.

(3.) RESPONDENTS state that looking at the large scale violence which was a feature in elections at the given time, Election Commission of India entered into an agreement with National Insurance Company Limited. It was a personal accident insurance (individual policy) also known as Janta Personal Accident Insurance Policy. Respondents have brought the said policy on record as Annexure -B in their counter affidavit. They said that the agreement entered into between the Election Commission of India and them resulted in the policy in question. They categorically state that the Insurance policy covers the risk of death if any person engaged with election work shall sustain any bodily injury resulting solely and directly from accident caused by external violent and visible means.